HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 7053 PCB WST 24-01 Ratification of the Department of Environmental
Protection's Rules Relating to Stormwater
SPONSOR(S): Infrastructure Strategies Committee, Water Quality, Supply & Treatment Subcommittee,
Altman
TIED BILLS: IDEN./SIM. BILLS: CS/SB 7040
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Water Quality, Supply & Treatment 16 Y, 0 N Guy-Hudson Curtin
Subcommittee
1) Infrastructure Strategies Committee 21 Y, 0 N, As CS Guy-Hudson Harrington
SUMMARY ANALYSIS
In 2020, the Legislature passed the Clean Waterways Act (Act) to address a number of environmental issues
relating to water quality improvement. In pertinent part, for stormwater management systems, the Act requires
the Department of Environmental Protection (DEP) and the Water Management Districts (WMDs) to initiate
rulemaking to update stormwater design and operation regulations and the Environmental Resource Permit
Program Applicant’s Handbook using the most recent scientific information available.
The Act requires DEP to consider design best management practices (BMPs) and criteria that increase the
removal of nutrients from stormwater discharges and address low-impact design BMPs. With respect to
adopting new standards for pollutant loading reduction, the Act requires DEP to adopt measures for the
consistent application of net improvement performance standards. The rules must increase the removal of
nutrients from stormwater discharges in the state and ensure significant reductions of pollutant loadings to
waterbodies.
A statement of estimated regulatory costs (SERC) must be prepared if a proposed rule will have an adverse
impact on small business or is likely to directly or indirectly increase regulatory costs in excess of $200,000 in
the aggregate within one year after implementation. If the SERC shows that the adverse impact or regulatory
costs of the proposed rule exceeds $1 million in the aggregate within five years after implementation, then the
proposed rule must be submitted to the Legislature for ratification. DEP initiated rulemaking to update rules 62-
330.010, 62-330.050, 62-330.055, 62-330.301, 62-330.310, 62-330.311, 62-330.350, and 62-330.405, F.A.C.
(collectively, “the stormwater rules”) in accordance with the Act. The SERC prepared by DEP for the
stormwater rules indicated that the rules would require Legislative ratification in order to become effective. The
stormwater rules were timely submitted to the Legislature for ratification.
The bill ratifies rules 62-330.050, 62-330.055, 62-330.301, 62-330.310, 62-330.311, 62-330.350, and 62-
330.405, F.A.C. The bill also ratifies, with modifications, rule 62-330.010, F.A.C. Except for the modifications to
rule 62-330.010, F.A.C., the bill serves no other purpose and will not be codified in the Florida Statutes. The bill
specifies that after becoming law, its enactment and effective dates will be noted in the Florida Administrative
Code, the Florida Administrative Register, or both, as appropriate.
The stormwater rules have a fiscal impact on the private sector and local governments. See Fiscal Comments
in Section II.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Water Quality and Nutrients
For approximately 15 years the Department of Environmental Protection (DEP) has warned that despite
Florida’s regulatory standards and the state’s long-term focus on water quality protection, “[t]echical
evaluations and water quality monitoring data indicate that many rule-adopted best management
practices (BMPs) are not as effective at achieving the intended stormwater treatment performance
standards for some critical stormwater pollutants, including nutrients such as nitrogen and
phosphorus.”1 DEP determined that “[c]urrently, excess nutrients represent one of the leading causes
of impairment in our surface waterbodies. Therefore, it is critically important that stormwater design
criteria and operation requirements provide for effective nutrient removal.” 2
While the correct balance of both nitrogen and phosphorus is necessary for a healthy ecosystem,
excessive nitrogen and phosphorus can cause significant water quality problems. 3 Human-made
nutrient load sources include stormwater runoff, untreated sewage, and agricultural production and
irrigation practices.4 Excessive nutrient loads may result in harmful algal blooms, nuisance aquatic
weeds and the alteration of the natural community of plants and animals. 5
The Environmental Protection Agency (EPA) periodically conducts nutrient level assessments for rivers,
streams, lakes and coastal waters to benchmark water quality and measure water quality stressors 6
that may lessen water quality.7 The National Aquatic Resource Surveys are statistical surveys of the
biological health and condition of waterbodies across the United States and allow for estimates to be
made about the adverse impact stressors are having on water quality. The most recent surveys found:
 That in lakes nutrient pollution was the most widespread stressor with 45 percent of lakes
evaluated as in poor condition with elevated phosphorus and 46 percent evaluated as in poor
condition with elevated nitrogen.8
 That 42 percent of the nation’s rivers and streams were rated in poor condition for phosphorus
and 44 percent were rated poor for nitrogen.9
 Excess nutrients exist in two-thirds of the nation’s estuarine areas.10
1 Department of Environmental Protection (DEP), Rulemaking Update, Stormwater/Chapter 62-330, F.A.C. Environmental Resource
Permitting, p. 1, (on file with the House Water Quality, Supply & Treatment Subcommittee).
2 DEP, Statewide Environmental Resource Permitting Rules for Stormwater Design and Operation Regulations Rule Development
Workshop No. 1, p. 15 (May 18, 2022), PowerPoint Presentation (floridadep.gov) (last visited Jan. 24, 2024).
3 Ch. 2020-150, Laws of Fla.
4 Environmental Protection Agency (EPA), Sources and Solutions (last updated Nov. 30, 2023),
https://www.epa.gov/nutrientpollution/sources-and-solutions (last visited Jan. 25, 2024).
5 Id.
6 EPA, National Aquatic Resource Survey, What is the National Rivers and Streams Assessment? (last updated Dec. 19, 2023), What
is the National Rivers and Streams Assessment? | US EPA (last visited Jan. 24, 2024). Stressors are the chemical, physical and
biological components of the ecosystem that have the potential to degrade biological integrity. Some of these are naturally o ccurring,
some result only from human activities , but most come from both sources.
7 Individual statistical survey information is collected for the National Lakes Assessment (NLA); National Rivers and Streams
Assessment (NRSA); National Coastal Condition Assessment (NCCA); and, National Wetland Condition Assessment (NWCA). EPA,
National Aquatic Resource Surveys (last updated Dec. 21, 2023), National Aquatic Resource Surveys | US EPA (last visited Jan. 24,
2024).
8 EPA, National Aquatic Resource Surveys, National Lakes Assessment 2017 Key Findings (last updated Aug. 17, 2023), National
Lakes Assessment 2017 Key Findings | US EPA (last visited Jan. 24, 2024).
9 EPA, National Aquatic Resource Surveys, National Rivers and Streams Assessment 20138-19 Key Findings (last updated Dec. 19,
2023), National River and Streams Assessment 2018-19 Key Findings | US EPA (last visited Jan. 25, 2024).
10 EPA, National Aquatic Resource Surveys National Coastal Condition Assessment 2015 Key Findings (last updated Aug. 17, 2021),
National Coastal Condition Assess ment 2015 Key Findings | US EPA (last visited Jan. 24, 2024).
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 A 2007 stormwater treatment system design study commissioned by DEP concluded that current
stormwater design criteria failed to achieve the standards in place at that time. 11 In Florida, 87 percent
of counties have nutrient impaired water bodies.12
The Florida Clean Waterways Act (Act) addresses a myriad of water quality issues by strengthening
regulatory requirements for wastewater treatment and discharge, septic systems, stormwater runoff and
fertilizer used in agricultural production.13 The Act directed DEP to promulgate rules to implement
policies to improve water quality and address stormwater treatment systems design and performance to
increase nutrient removal and ensure future stormwater system design that is consistent with Best
Management Practices (BMPs).
Stormwater Treatment
Stormwater is the flow of water resulting from, and immediately following, a rainfall event. 14 When
stormwater falls on pavement, buildings and other impermeable surfaces, the runoff flows quickly and
can pick up sediment, nutrients (such as nitrogen and phosphorous), chemicals and other pollutants.15
A stormwater management system is a system designed “[t]o control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat,
use, or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water
pollution. . . .”16 Most activities that create new impervious surfaces or alter surface water flows involve
a stormwater management system.17
Effective stormwater management reduces nonpoint source pollution and protects surface water
resources from stormwater pollution from existing and new land uses.18 Nonpoint source pollution may
come from land runoff or rain or hydrologic modification, among other diffuse sources. These pollutants
adversely impact drinking water supplies, recreation, fisheries and wildlife. 19
DEP regulates surface water flows via the Environmental Resource Permit (ERP) Program, a permitting
process that addresses and regulates impacts to the landscape including clearing, grading,
construction of structures and filling and dredging, whether the work occurs in uplands, wetlands or
other surface waters.20 An ERP permit may be issued by DEP, a water management district (WMD) or
a local government to which DEP delegated ERP permitting authority.21 ERPs are designed to prevent
flooding, protect wetlands and other surface waters and protect Florida’s water quality from stormwater
pollution.22
11 Harvey H. Harper, Ph.D., P.E., and David M. Baker, P.E., prepared for DEP by Environmental Research & Design, Inc., Evaluation
of Current Stormwater Design Criteria within the State of Florid a, p. 1-1 (June 2007), Microsoft Word - SW TREATMENT
REPORT-SEC 1-607.doc (sfwmd.gov) (last visited Jan, 24, 2024.)
12 DEP, Modernizing Florida’s Stormwater Rules, Presentation to the House Water Quality, Supply & Treatment Subcommittee, p. 8
(Jan. 10, 2024),
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3251&Session=20
24&DocumentType=Meeting+Packets&FileName=wst+1-10-24.pdf (last visited Jan. 10, 2024).
13 Ch. 2020-150, Laws of Fla.
14 DEP, Environmental Resource Permit Applicant’s Handbook Volume I (General and Environmental) p. 2-10 (Dec. 22, 2020)
Modified Document, 1/6/2021, https://www.flrules.org/gateway/reference.asp?No=Ref-12078 (last visited Jan. 23, 2024).
15 EPA, Source Water Protection, Urbanization and Stormwater Runoff (last updated Feb. 28, 2023),
https://www.epa.gov/sourcewaterprotection/urbanization -and-stormwater-
runoff#:~:text=Stormwater%20runoff%20is%20generated%20fro m%20rain%20and%20snowmelt,chemicals%2C%20and%20dirt%2
Fsediment%20into%20streams%2C%20lakes%2C%20and%20groundwater (last visited Jan. 24, 2024).
16 S. 373.403(10), F.S. See s. 403.031(18), F.S., relating to pollution control.
17 DEP, Modernizing Florida’s Stormwater Rules, supra note 12, pp. 1-5.
18 R. 62-40.431(1), F.A.C.
19 EPA, Polluted Runoff: Nonpoint Source (NPS) Pollution, Basic Information about Nonpoint Source (NPS) Pollution (last updated
Dec. 4, 2023), Basic Information about Nonpoint Source (NPS) Pollution | US EPA (last visited Jan. 25, 2024).
20 DEP, Environmental Resource Permitting Online Help (last updated Feb. 8, 2022), https://floridadep.gov/water/submerged-lands-
environmental-resources-coordination/content/environmental-resource-0 (last visited Jan. 24, 2024).
21 Id.
22 Id.
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 ERP permitting for stormwater management systems as well as dams, reservoirs and water
impoundment is governed by s. 373.4131, F.S. DEP implements this section of law in ch. 62-330,
F.A.C., which provides for the permitting rules, application process and standards by which applications
are considered and approved or denied. The ERP Applicant’s Handbook, which is incorporated by
reference into DEP rules, provides guidance on DEP’s ERP program, which includes all permitted
activities governed by ch. 373, part IV, F.S., relating to management and storage of surface waters, as
well as stormwater management systems-specific activities.23 Applicants for an ERP must adhere to
requirements in both the Applicant’s Handbook, Volume I, which governs general permitting while
WMD-specific permitting requirements are contained in the Applicant’s Handbook, Volume II, for which
there is one per WMD.24
Regulations to protect water quality typically use standards and BMPs in concert to achieve desired
outcomes. Generally, BMPs are measures to prevent water pollution discharge. 25 The EPA’s National
Pollutant Discharge Elimination System (NPDES) 26 regulations include a definition of BMPs as applied
to water quality protection to mean:
Schedules of activities, prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the pollution of ‘waters of the United States.’
BMPs also include treatment requirements, operating procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material
storage.27
Florida law includes a BMP definition that is specific to the Northern Everglades and Estuaries
Protection Program in ch. 373, pt. IV, F.S.28 DEP as well as the Department of Agriculture & Consumer
Services (DACS) use BMPs in rules, guidance and criteria to protect water quality. BMPs are often
used among both environmental and agricultural constituencies to balance agricultural productivity and
improvements to water quality.
Currently, Florida’s state water quality standards are found in administrative rule and provide the
threshold reduction required for stormwater treatment systems. New stormwater management systems
design and performance criteria must achieve at least an 80 percent reduction of the “average annual
load of pollutants” that would cause or contribute to violations of state water quality standards.29 For
systems that discharge to Outstanding Florida Waters (OFW) (see Stormwater Rules Performance
Standards below for term definition), the system must achieve at least a 95 percent reduction.30 If a
WMD or DEP adopts basin-specific design and performance criteria in order to achieve an adopted
Total Maximum Daily Load (TMDL)31 or the pollutant load reduction goals established in a watershed
23 R. 62-330.010(4), F.A.C. See DEP, Modernizing Florida’s Stormwater Rules, supra note 12.
24 DEP, ERP Stormwater (last updated June 7, 2022), ERP Stormwater | Florida Department of Environmental Protection (last visited
Jan. 24, 2024).
25 EPA, NPDES Permit Writers Manual, Chapter 9, Special Conditions, p. 9-3 (Sep. 2010),
https://www.epa.gov/sites/default/files/2015-09/documents/pwm_chapt_09.pdf (last visited Jan. 24, 2024).
26 Pursuant to section 402 of the federal Clean Water Act, any discharge of a pollutant from a point source to surface waters (i.e., the
navigable waters of the United States or beyond) must obtain a NPDES permit. See 33 U.S.C. § 1342. NPDES permit requirements for
most wastewater facilities or activities (domestic or industrial) that discharge to surface waters are incorporated into a state-issued
permit which gives the permittee a single set of permitting requirements rather than one state and one federal permit. See ss.
403.061(32), and 403.087, F.S.
27 40 C.F.R. §122.2.
28 S. 373.4595(2)(a), F.S. The term “best management practice” in this section means a practice or combination of practices
determined by the coordinating agencies, based on research, field -testing and expert review, to be the most effective and practicable
on-location means, including economic and technological considerations, for improv ing water quality in agricultural and urban
discharges.
29 R. 62-40.432(2)(a)1., F.A.C.
30 R. 62-40.432(2)(a)2., F.A.C.
31 A TMDL is a scientific determination of the maximu m amount of a given pollutant that can be absorbed by a waterbody and still
meet water quality standards. DEP, Watershed Evaluation and Total Maximum Daily Loads (TMDL) Section (last updated Oct. 12,
2023), Watershed Evaluation and Total Maximum Daily Loads (TMDL) Section | Florida Department of Environmental Protection
(last visited Jan. 24, 2024).
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