ISSUES ASSOCIATED WITH THE 10/2 SELF CERTIFICATION GP

Transcription

1 ISSUES ASSOCIATED WITH THE 10/2 SELF CERTIFICATION GP Eric H. Livingston Watershed Management Services, LLC Crawfordville, FL /

2 La Florida

3 FLORIDA S WATERS DIVERSE, VALUABLE, VULNERABLE

4 La Florida Natural Communities

5 NATIVE TRIBES THRIVE

6 THE PROBLEM: MAN VS NATURE

7 THE PROBLEM: MAN VS NATURE

8 THE PROBLEM: PAVING OVER PARADISE Lack of adequate infrastructure Stormwater management Wastewater treatment Potable water supply Roads Schools Water supply and pollution problems Loss of habitat and wildlife Lack of adequate tax structure and funding

9 YEAR THE SOLUTION: BIPARTISAN VISIONARY LEADERS AND SOLUTIONS LEGISLATION, PROGRAM, OR RULE ENACTED FOR NEW SOURCES 1973 DRI/ACSC legislation; Environmentally Endangered Lands Act 1973 Chapters 373 and 403 enacted 1975 Local Government Comprehensive Planning Act 1979 State stormwater rule; CARL program 1981 Final state stormwater rule passed; Save Our Coasts/Rivers program 1984 Wetlands Protection Act; State and Regional Planning Act 1985 State Comprehensive Plan 1986 Local Government Comprehensive Planning and Land Development Regulation Act 1989 Preservation 2000 program

10 YEAR LEGISLATION, PROGRAM, OR RULE ENACTED FOR EXISTING POLLUTION SOURCES 1986 Stormwater utility enabling legislation 1987 SWIM legislation and funding 1989 Stormwater legislation leads to State Water Policy rule (62-40, FAC) Section 319 Nonpoint Source grant funds begin 1994 Nitrate bill and fertilizer tax for ag BMPs 1997 State Revolving Fund opened to urban and ag stormwater projects 1999 Florida Forever Act and Florida Watershed Restoration Acts passed 2000 Lake Okeechobee Protection Program Act 2005 FWRA Amendments (BMAPS) and doc stamp funding 2007 Northern Everglades and Estuaries Protection Act Lake Greenwood Urban Wetland

11 STATEWIDE STORMWATER TREATMENT PROGRAMS STATE YEAR STATE YEAR Florida 1979 Rhode Island 2002 Maryland 1984 Wisconsin 2002 Virginia 1990 New Jersey 2003 Delaware 1991 Pennsylvania 2007 South Carolina 1992 Michigan 2007 Massachusetts 1998 Minnesota 2007 We were #1

12 FLORIDA S STORMWATER RULES 1979 Chapter , F.A.C Chapter 17-25, F.A.C Chapter 62-25, F.A.C. ERP implemented 2007 NW ERP implemented TECHNOLOGY BASED Performance Standard BMP Design Criteria Presumption of compliance

13 BMP DESIGN CRITERIA ARE DYNAMIC! , FAC implemented 17-25, FAC implemented Modify BMP Design Criteria Wetland BMP Design Criteria Florida s BMP design criteria are very outdated and other state programs have passed us by!

14 UNIFIED STORMWATER RULE CONCEPTS Increase nutrient load removal Clear language on impaired waters requirements BMP treatment train load reduction credits Credits for nonstructural and LID BMPs Preserving vegetation, minimize clearing Green roof/cistern systems Pervious concrete Florida Friendly Landscaping Disconnect impervious areas Redevelopment section Compensating treatment (WQ Banking) Retrofit section

15 STORMWATER DISCHARGES TO IMPAIRED WATER BODIES Section (1)(b)3., F.S. Can t add more pollutants causing the impairment of a water body since it doesn t meet WQS Treatment level is equal to Net Improvement Post-development load < pre-development load

16 VERY HIGH LEVEL OF TREATMENT Typical wet ponds get 35% TN, 55% TP removal Net Improvement requires 90% removal to meet TMDL for Imperial River (26% WLA) Need to use combination of structural and nonstructural pollution prevention BMPs including Low Impact Development BMPs BEST MANAGEMENT PRACTICES

17 PARTISAN POLITICS NOT SCIENCE DRIVE FLORIDA LAWS Environmental protection o no longer a bipartisan issue Environmental regulations are job killers LGP & LDR Act is repealed Florida Forever and Water Program funds cut No trust in Trust Funds SWERP legislation prohibits revised statewide stormwater rule Pre-empting local government authority Establish ERP 10/2 self certification permit process

18 2012 LEGISLATURE SECTION (12), F.S. A general permit is granted for the construction, alteration, and maintenance of a stormwater management system serving a total project area of up to 10 acres. When the stormwater management system is designed, operated, and maintained in accordance with applicable rules adopted pursuant to part IV of chapter 373, there is a rebuttable presumption that the discharge for such system will comply with state water quality standards. The construction of such a system may proceed without any further agency action by the department or water management district if, within 30 days after construction begins, an electronic self-certification is submitted to the department or water management district that certifies the proposed system was designed by a Florida registered professional to meet the following requirements:

19 2012 LEGISLATURE SECTION (12), F.S. (a) The total project area involves less than 10 acres and less than 2 acres of impervious surface; (b) No activities will impact wetlands or other surface waters; (c) No activities are conducted in, on, or over wetlands or other waters; (d) Drainage facilities will not include pipes having diameters greater than 24 inches, or the hydraulic equivalent, and will not use pumps in any manner; (e) The project is not part of a larger common plan, development, or sale; (f) The project does not: 1. Cause adverse water quantity or flooding impacts to receiving water and adjacent lands; 2. Cause adverse impacts to existing surface water storage and conveyance capabilities; 3. Cause a violation of state water quality standards; or 4. Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to s or a work of the district established pursuant to s

20 PROJECT OBJECTIVES Evaluate the frequency that 10/2 Self Certifications are submitted for projects within impaired watersheds Determine if projects within impaired watersheds met Net Improvement Evaluate which impaired waters and BMAPs were being impacted the most by the giant loophole

21 PROJECT METHODS Downloaded Self Certifications and supporting documentation from DEP s Oculus Document Management System July 1, 2012 through September 30, 2014 To see if any 10/2 projects in your jurisdiction: t/login? Catalog: Environmental resource permit Profile: Permitting authorization Permit Type: ERP 10-2 GP

22 OCULUS SYSTEM

23 OCULUS SYSTEM

24 OCULUS SYSTEM DATA

25 PROJECT METHODS Review each Self Certification and documents Obtain land use, address, acreage, impervious acres, type of stormwater treatment Use Map Direct to determine WBID and impairment status sp

26 MAP DIRECT SYSTEM

27 MAP DIRECT FIND ADDRESS

28 MAP DIRECT WBID INFO

29 DATA RESULTS 1245 Self Certifications submitted 723 Self Certs included documentation (58%) 574 projects within impaired watersheds (46%) Did not include mercury, beach advisories 344 projects with Fecal Coliform impairments 307 projects with Nutrient impairments 66 projects with BOD impairments 38 projects with Copper impairments

30 DATA RESULTS The following counties had more than 75% of the Self Certification projects within impaired watersheds: Bradford Gilchrist Liberty Brevard Hardee Monroe Broward Hendry Okeechobee Charlotte Indian River St. Lucie Desoto Lafayette Taylor Duval Leon

31 DATA RESULTS 10 projects met Net Improvement 7 other projects had an impairment analysis ~100 projects were redevelopment and about 75% would meet net improvement but no impairment status check A tip of the Godfather s hat to the following firms that checked impairment status: Esciences 5mCivil Engineers Vickstrom Engineering Frontier Engineering Atkins Patrick Mynchenberg & Assoc EMK Consulting Steven L Dobbs CPH Foresite Group BYD Engineers

32 DATA RESULTS The 575 projects within impaired watersheds total 682 acres. Cost to MS4s to reduce the pollutant loading ranges from $1 million to $10 million

33 NET IMPROVEMENT CONCLUSIONS ~1% of the projects submitted via the 10/2 Self Certification checked impairment status Not surprising Net Improvement performance standard not in ERP rules DEP and WMDs have not undertaken any education of development community DEP and WMDs have not developed consistent methods to implement Net Improvement

34 WATER RESOURCE CONCLUSIONS Consequences include: 10/2 Self Certification law being violated on a regular basis no enforcement Impaired water bodies becoming more polluted BMAPs not being met MS4s saddled with additional pollutant load reductions and costs Legislatively authorized developer subsidy

35 ERP CONCLUSIONS Current BMP design criteria NOT achieving levels of treatment OFWs not being protected WMD Applicant Handbooks include BMPs with poor load reduction dry detention, underdrained retention, detention with filtration. WMD Applicant Handbooks do not include innovative BMPs No consistency on redevelopment treatment

36 NPDES CONCLUSIONS 10/2 Self Certification causing violations of EPA NPDES Stormwater Permit: MS4 permits - stormwater and ES plans are NOT being reviewed/approved by DEP/WMD and by most local government staff NPDES CGP- ES plans and SW PPPs not being reviewed; no public notice of the 10/2 general permits Will EPA no longer accept Florida ERP as a Qualifying Local Program?

37 Water is the lifeblood of Florida

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