Volume 21, Issue 3
March 2019
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In This Issue
Conference Early-Bird Rates End Soon
Join stormwater professionals from around Florida this June 19-21, 2019 at the Sanibel Harbour Marriott Resort in beautiful Fort Myers as we look ahead to A Change in Climate - FSA: the Next 25 Years. From political to environmental change, there is no doubt that we all are experiencing change! As we look ahead, FSA is positioned to be an even more valuable resource to all stormwater professionals by providing much needed resources through communications, research, training, education and advocacy. This year's event promises to provide sessions from industry-leading experts and thought leaders on regulatory and management topics that matter to you. If you only attend one event in 2019, this is the one you can't miss! Register now or visit the Conference webpage to view all of the details including the agenda, fees, hotel information and more. Discounted, "Early-Bird" registration rates end April 19th! Hotel rooms are going fast - book now to save your spot at the conference hotel.
WOTUS Litigation
On March 15th, FSA and its partner local government associations filed a Motion for Summary Judgement in US District Court for the Northern District of Florida in Tallahassee. The Motion seeks to invalidate the 2015 WOTUS rules. The case was reactivated as a precautionary measure in the event that the 2015 WOTUS rule is eventually upheld by another court or the Trump Administration's efforts to replace the rule are unsuccessful. EPA is scheduled to reply to the FSA Motion in April.
Comments Due on WOTUS Replacement
Comments on EPA's proposed rule to replace the 2015 Waters of the United States (WOTUS) definitions are due on April 15, 2019. The rule was published in the Federal Register on February 14th, starting a 60-day period of time during which stakeholders and interested parties may submit comments to EPA. As expected, the Trump Administration's approach is significantly different from that of the Obama Administration. The new draft rule narrows the application of federal jurisdiction beyond that of the 2015 rule, making the policy more similar to that which existed in 1988. Of special interest to local governments is that EPA has requested responses as to whether stormwater control features must be entirely constructed in uplands if they are to be excluded from federal jurisdiction and whether that exclusion should be broadened to include permitted MS4 drainage systems. Comments may be submitted via the Federal eRulemaking Portal and should reference Docket ID No. EPA-HQ-OW-2018-0149. Visit EPA's WOTUS page for details.
Week #4 of Legislative Session
An inordinately large number of bills concerning water policy were filed this Session. However, as the Session moves toward its mid-point, it is becoming clear that some bills are more likely than others to become law. Legislation on Biosolids seems likely to pass, as does a study on the feasibility of transferring the administration of OSTDS policy/programs from DOH to FDEP. Other legislation, such as some of the more significant general preemptions and major water policy and BMAP changes are becoming less likely to move ahead in 2019. FSA members will find a current list of Priority Issues, Bill Tracking Reports, news articles and information on individual bills on the Member's Only Legislative Page. Some of the current Priority Issues FSA is following include:
  • Biosolids Disposal (HB 405/SB 1278) - Significantly strengthens the regulatory criteria that FDEP must follow for the disposal Class B biosolids.
  • Preemption of Tree Regulations (HB 1159/SB 1400) - Prohibits most local regulations governing pruning, trimming, removal or replanting of trees.
  • Preemption of Local Licensing Authority (HB 3/SB 1748) - Prohibits local occupational licenses and related fees unless the program is authorized by general law.
  • SW Design Criteria and 10-2 Permits (HB 1343/SB 1344) - Directs FDEP to update its design and performance criteria for SW systems; tightens the criteria for the 10-2 general permits.
  • Transfer of OSTDS Program to FDEP - There are several bills filed that either transfer the responsibility for the OSTDS program from DOH to FDEP or require studies of the transfer.
  • Plastic Straw Regulation Preemption - There are several bills that preempt local ordinances designed to limit the use of plastic straws.
Overview of the 2019 Legislative Session Webinar
This May 9th webinar will examine what was introduced, what passed and failed in 2019, and what might be returning for 2020.  FSA's Legislative Committee Chair and Lobbyist will review legislative actions on biosolids, septic tanks, permitting requirements, measures to preempt the regulatory authority of local governments, and many other bills.  The webinar is brought to FSA members free of charge thanks to the sponsorship of Applied Sciences.  Save the date, registration opens in April!
2019 Phase 2 Permit Renewals
Members whose Phase 2 permits are up for renewal in 2019 and have received a request from FDEP to include new BMPs for waters which are NOT covered by a BMAP are urged to contact FSA. FSA's position is that the Department must go through further rulemaking before such requests may be required.
FSA Needs You - Get Involved
FSA is looking for dynamic leaders dedicated to ensuring the continued success of the Association. There will be elections to fill vacancies on the Boards of Directors of the Florida Stormwater Association and the FSA Educational Foundation during the Friday business meeting at the Annual Conference. This is your chance to help lead the primary organization dedicated to furthering the stormwater management profession and water quality improvement programs in Florida. What's in it for you?
  • An opportunity to enhance the value and set the direction of FSA and FSAEF
  • A significant role in advancing your profession and water quality programs
  • Access to up-to-date information about the challenges facing your profession
  • The chance to exchange ideas and perspectives with other volunteer leaders
We want to hear from you! If you're interested in serving or if you know of a member that you would like to recommend to serve, please send your recommendation to info@florida-stormwater.org or complete a Leadership Recommendation Form today!
Bartlett Named SFWMD Executive Director
The SFWMD Governing Board named Andrew Bartlett as its Executive Director on March 14, 2019.  A friend of the Association and frequent speaker at FSA Conferences, Drew had been serving as Deputy Secretary for Ecosystem Restoration at FDEP.  He is scheduled to begin work at the Water Management District on April 1st.  In other SFWMD news, the Governing Board elected Chauncey Goss of Sanibel as its Chairman.  Chauncey Goss will be presenting at the Opening Session of FSA's Annual Conference in June!
FSA's Fogarty Training Center
FSA's Fogarty Training Center holds over 25 classes throughout Florida each year. A current list of classes may be found on the Training Center's webpage. Both Level 1 and Level 2 Certified Stormwater Operator classes meet the requirements of your MS4 permit for initial or "refresher" training of stormwater staff in:
  • Erosion and Sedimentation Control
  • Illicit Discharge Detection and Elimination
  • Spill Prevention and Remediation
  • Good Housekeeping Practices
  • High Risk Facilities
FSAEF Scholarship Award
The FSA Educational Foundation's Scholarship Program awards financial assistance to qualified graduate students attending Florida colleges and universities. Applications are accepted annually from graduate-level students in colleges or schools of engineering, natural science, public administration (or closely related fields) that have an interest in stormwater quality, management or finance. Qualified applicants should submit an Application Form along with supporting materials by August 2, 2019.

FSAEF is a separate 501(c)(3) charitable foundation. Donations to the Scholarship Program can be made by local governments, corporations and individuals. Donations are tax deductible for individuals and are a business expense for corporations. Support your profession and its future leaders by contributing to the FSAEF Scholarship Program!
We appreciate your feedback!  Please don't hesitate to contact us if have any questions about FSA. 
Sincerely,
Florida Stormwater Associati on
Website: www.florida-stormwater.org
Toll-Free Phone: 888-221-3124