Florida Regulations 62-40.432: Surface Water Management Regulation
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(1) The following shall apply to the regulation of surface water pursuant to Part IV, Florida Statutes Chapter 373
(a) The construction and operation of facilities which manage or store surface waters, or other facilities which drain, divert, impound, discharge into, or otherwise impact waters in the state, and the improvements served by such facilities, shall not be harmful to water resources or inconsistent with the objectives of the Department or District.
(b) In determining the harm to water resources and consistency with the objectives of the Department or District, consideration shall be given to:
1. The impact of the facilities on:
a. Water quality,
b. Fish and wildlife,
c. Wetlands, floodplains, estuaries, and other water resources,
d. Reasonable-beneficial uses of water,
e. Recreation,
f. Navigation,
g. Saltwater or pollution intrusion, including any barrier line established pursuant to Florida Statutes § 373.033,
h. Minimum flows and levels established pursuant to Sections 373.042 and 373.0421, F.S.; and,
i. Other factors relating to the public health, safety, and welfare.
2. Whether the facilities meet applicable design or performance standards,
3. Whether adequate provisions exist for the continued satisfactory operation and maintenance of the facilities; and,
4. The ability of the facilities and related improvements to avoid increased damage to off-site property, water resources, natural systems or the public caused by:
a. Floodplain development, encroachment or other alteration,
b. Retardance, acceleration or diversion of flowing water,
c. Reduction of natural water storage capacity,
d. Facility failure, or
e. Other actions adversely affecting off-site water flows or levels.
(2) Minimum Stormwater Treatment Performance Standards.
(a) When a stormwater management system complies with rules establishing the design and performance criteria for such systems, there shall be a rebuttable presumption that the discharge from such systems will comply with state water quality standards. The Department and the Districts, pursuant to Florida Statutes § 373.418, shall, when adopting rules pertaining to stormwater management systems, specify design and performance criteria for new stormwater management systems which:
1. Achieve at least 80 percent reduction of the average annual load of pollutants that would cause or contribute to violations of state water quality standards.
2. Achieve at least 95 percent reduction of the average annual load of pollutants that would cause or contribute to violations of state water quality standards in Outstanding Florida Waters.
3. If a District or the Department adopts basin-specific design and performance criteria in order to achieve an adopted TMDL or the pollutant load reduction goals established in a watershed management plan, such design and performance criteria shall replace those specified in subparagraphs 1. and 2., above.
(b) Erosion and sediment control plans detailing appropriate methods to retain sediment on-site shall be required for land disturbing activities.
(c) The pollutant loading from older stormwater management systems shall be reduced as necessary to restore or maintain the designated uses of waters.
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.0421, 373.103, 373.171, 373.1961, 373.223, 373.250, 373.413, 373.414, 373.416, 373.418, 373.451, 373.453, 403.064, 403.067, 403.0891 FS. History- New 2-20-91, Formerly 17-40.420, 17-40.432, Amended 7-20-95, 1-7-97, 5-7-05.
(a) The construction and operation of facilities which manage or store surface waters, or other facilities which drain, divert, impound, discharge into, or otherwise impact waters in the state, and the improvements served by such facilities, shall not be harmful to water resources or inconsistent with the objectives of the Department or District.
(b) In determining the harm to water resources and consistency with the objectives of the Department or District, consideration shall be given to:
1. The impact of the facilities on:
a. Water quality,
b. Fish and wildlife,
c. Wetlands, floodplains, estuaries, and other water resources,
d. Reasonable-beneficial uses of water,
e. Recreation,
f. Navigation,
g. Saltwater or pollution intrusion, including any barrier line established pursuant to Florida Statutes § 373.033,
h. Minimum flows and levels established pursuant to Sections 373.042 and 373.0421, F.S.; and,
i. Other factors relating to the public health, safety, and welfare.
2. Whether the facilities meet applicable design or performance standards,
3. Whether adequate provisions exist for the continued satisfactory operation and maintenance of the facilities; and,
4. The ability of the facilities and related improvements to avoid increased damage to off-site property, water resources, natural systems or the public caused by:
a. Floodplain development, encroachment or other alteration,
b. Retardance, acceleration or diversion of flowing water,
c. Reduction of natural water storage capacity,
d. Facility failure, or
e. Other actions adversely affecting off-site water flows or levels.
(2) Minimum Stormwater Treatment Performance Standards.
(a) When a stormwater management system complies with rules establishing the design and performance criteria for such systems, there shall be a rebuttable presumption that the discharge from such systems will comply with state water quality standards. The Department and the Districts, pursuant to Florida Statutes § 373.418, shall, when adopting rules pertaining to stormwater management systems, specify design and performance criteria for new stormwater management systems which:
1. Achieve at least 80 percent reduction of the average annual load of pollutants that would cause or contribute to violations of state water quality standards.
2. Achieve at least 95 percent reduction of the average annual load of pollutants that would cause or contribute to violations of state water quality standards in Outstanding Florida Waters.
3. If a District or the Department adopts basin-specific design and performance criteria in order to achieve an adopted TMDL or the pollutant load reduction goals established in a watershed management plan, such design and performance criteria shall replace those specified in subparagraphs 1. and 2., above.
(b) Erosion and sediment control plans detailing appropriate methods to retain sediment on-site shall be required for land disturbing activities.
(c) The pollutant loading from older stormwater management systems shall be reduced as necessary to restore or maintain the designated uses of waters.
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.0421, 373.103, 373.171, 373.1961, 373.223, 373.250, 373.413, 373.414, 373.416, 373.418, 373.451, 373.453, 403.064, 403.067, 403.0891 FS. History- New 2-20-91, Formerly 17-40.420, 17-40.432, Amended 7-20-95, 1-7-97, 5-7-05.