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 Volume 18, Issue 10                                                                                          November 2016

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In This Issue
A Special Message
Winter Conference
2017 Annual Conference
Pollution Notice Rule
Membership Renewal
New Phase 2 MS4s Rules
WOTUS Update
SW Operator Recertification Deadline
Excellence Awards Nominations
 
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See You Next Week!
December 7-9, 2016
 
  FSA is proud to offer this service FREE to our members! 


 
 
2017 Annual Conference 
Call For Presentations
Deadline December 16th
 
 
FSA Fogarty
 Training Center  


 
  Does your SW Operator Certification Expire in 2016?  
A Message from Your FSA Legislative & Agency Relations Committee Chair  
Kelli Hammer Levy, Pinellas County
Happy Holidays FSA Members! I am proud to serve as the Chair of the Legislative and Agency Relations Committee.  Over the course of the year committee members will work to support FSA's legislative activities including reviewing proposed legislation and regulations that impact the stormwater community, developing our collective response, and in preparing position papers and other informational resources on key issues for the association. Currently in the news: On November 17, 2016 EPA Administrator Gina McCarthy signed the final MS4 General Permit Remand Rule which includes new requirements for Phase II MS4 permit holders. FDEP's Emergency Pollution Notification Rule is still in effect. November 15, 2016 began the twenty day period for challenges under the Administrative Procedures Act. On November 18, 2016 Associated Industries of Florida, Florida Retail Federation, Florida Trucking Association, National Federation of Independent Business and the Florida Farm Bureau Federation filed a challenge.  An administrative hearing will be scheduled after the challenge period has closed. FSA will update its members when more news becomes available. Lastly, initial briefs in the WOTUS litigation were filed in the Sixth Circuit Court of Appeals in Ohio at the beginning of the month. The brief filed in Ohio utilized examples from FSA's report on estimated fiscal impacts to MS4 permittees.  I look forward to seeing everyone at the Winter Conference in Palm Harbor next week!
FSA Winter Conference - Next Week
FSA's 2016 Winter Conference is just around the corner! Online registration is closed but there may still be space available on-site on a first-come, first-served basis. In addition to a great mix of technical sessions, case studies and policy updates, the Conference includes the bi-annual " DEP Day", " Laws, Rules and Ethics" for Professional Engineers, and an Opening Session focusing on Reclaimed Water. Visit FSA's website to view the agenda, hotel information, registration fees and more!
FSA 2017 Annual Conference
Workshop Proposals due December 16th
FSA's 2017 Annual Conference will focus on cutting-edge policy, research and case studies that take an integrated approach to helping stormwater professionals tackle complex challenges.  There will be three tracks of concurrent workshop sessions.  Stormwater leaders throughout Florida are invited to submit presentation proposals online. Note that the deadline to submit presentations is December 16th
Public Notices of Pollution  
FDEP adopted an emergency rule requiring notification of discharges of pollution on September 26th, requiring owners or operators of an installation who have knowledge of a pollution discharge at the installation to provide notice of the discharge within 24 hours of the occurrence to FDEP, the chief elected and appointed officers in the area, and local broadcast television affiliates and a newspaper of general circulation.  Emergency rules are effective for 90 days. The Department subsequently held a series of workshops on a modified permanent proposed rule on such notices, ending with a public hearing on the proposed rule on November 7, 2016.  However, the proposed rule has been challenged by a coalition of business interests and under Florida's Administrative Procedures Act, the Emergency Rule now remains effective until the challenge to the proposed rule is resolved.
Membership Renewals
"Grace Period" ends December 1st
This could be your last newsletter!
  FSA's fiscal year began November 1, 2016.  The 30-day "grace period" allowing FY 2015-16 members and their staff to continue receive FSA benefits and conveniently renew online ends December 1, 2016.  Members can still renew for 2016-17 but you must contact FSA directly to do so.  QUESTIONS?  Call (888) 221-3124! 
EPA Issues New Phase 2 MS4s Rules
EPA Administrator Gina McCarthy signed the final MS4 General Permit Remand Rule on November 17, 2016, to satisfy a remand order from the US Court of Appeals for the Ninth Circuit, revising the Phase 2 MS4 program.  The Final Rule embraced what came to be known as "Option 3" or the "State Choice" alternative, allowing the permitting authority to choose between two alternative means of establishing permit requirements in general MS4 permits:  First, a "comprehensive permit" approach where the full set of requirements necessary to meet the CWA goal of reducing pollutants to the maximum extent practicable (MEP) are included.  Second, a "two-step general permit," which is a combination of a base general permit plus additional provisions needed to attain MEP.  The rule signed by the Administrator represents the most flexible alternative considered by the Agency as far as NPDES program administrators and MS4 permit holders are concerned.  It should not have a significant impact on the MS4 program in Florida. 
WOTUS Update
On November 1, 2016, briefs were filed in the Sixth Circuit Court of Appeals in Ohio.  FSA, the Florida League of Cities, Florida Rural Water Association and Southeast Stormwater Associations remain the only plaintiffs at the Sixth Circuit exclusively representing the interests of local government in the WOTUS litigation.  Their briefs and those of the other plaintiffs representing regulated interests have been consolidated for administrative purposes into the brief of the "Business and Municipal Petitioners" and included several photographs of ditches that would become jurisdictional "waters" under the Rule.  If allowed to stand, the WOTUS rules will have significant, negative impacts on local governments and water quality improvement programs - hence the challenge by FSA.  The Good News:  Implementation of the WOTUS rule remains blocked until a final ruling by the courts, which should occur by the second quarter of 2017. 
Last Chance to Renew Certifications
FSA's Stormwater Operator Certifications are valid for five years.  Does your Level 1 or Level 2 Stormwater Operator certification expire in 2016?  If so, the last chance to renew your certification in 2016 is one of two online classes scheduled for December 15th! Visit FSA's Fogarty Training Center website to see when your certification expires. Special Note: Stormwater Operators whose certification expires in 2016 must take the full two-day course (at the full price) and pass the exam in 2017 to maintain their certification! 
Excellence Awards Nominations
FSA's Excellence Awards Program recognizes outstanding stormwater Programs or Projects and the benefit that they provide to the environment and local citizenry. Awards are presented annually to those members in the profession of stormwater management who have demonstrated a high level of distinction in a project or program.  Nominations for the 2017 Excellence Awards will open in January.

We appreciate your feedback!  Please don't hesitate to contact us if have any questions about FSA. 

Sincerely,

Florida Stormwater Association
Website: www.florida-stormwater.org

Toll-Free Phone: 888-221-3124