HomeMy WebLinkAboutOrdinance No. 06-2003 ORDINANCE NO. 06-2003
AN ORDINANCE AMENDING THE CODE OF CITY OF
CAPE CANAVERAL, FLORIDA CREATING A
STORMWATER UTILITY SYSTEM PURSUANT TO
SECTION 403.0893, FLORIDA STATUTES, AND
OTHER APPLICABLE LAW; PROVIDING FINDINGS,
DETERMINATIONS AND POWERS; PROVIDING
DEFINITIONS AND CONSTRUCTION; PROVIDING
FOR OPERATING BUDGET; PROVIDING FOR THE
CREATION OF A STORMWATER UTILITY FEE;
PROVIDING FOR BILLING AND COLLECTION OF A
STORMWATER UTILITY FEE; PROVIDING FOR
PROGRAM RESPONSIBILITY; PROVIDING FOR 9
STORMWATER UTILITY ENTERPRISE FUND;
PROVIDING FOR PARTIAL INVALIDITY;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 2, of the Florida Constitution and
Chapter 403, Florida Statutes, as amended, the City Council of Cape Canaveral, Florida,
has all powers of local government to perform city functions and to render city services
in a manner not inconsistent with general or special law, and such power may be
exercised by the enactment of city ordinances; and
WHEREAS, the Federal Clean Water Act, 33 U.S.C. 1251 et seq., requires
certain political entities such as the City, to implement stormwater management programs
within prescribed timeframes; and
WHEREAS, pursuant to the Federal Clean Water Act, 33 U.S.C. 1251 et seq., the
United States Environmental Protection Agency has published proposed rules for
stormwater outfall permits; and
WHEREAS, the City of Cape Canaveral is responsible for the ownership,
maintenance and expansion of the existing stormwater system which has been developed
over a number of years for the purpose of collecting and disposing of stormwater; and
WHEREAS, Section 373.413, Florida Statutes, mandates that the City of Cape
Canaveral develop a stormwater management program which is mutually compatible
with those developed by the Florida Department of Environmental Protection, St. Johns
River Water Management District, and other local governmental entities; and
City of Cape Canaveral
Ordinance No. 06 -2003
Page l of 14
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WHEREAS, the State of Florida has adopted stormwater management legislation
C ie which encourages proper management of stormwater runoff and water quality; and
WHEREAS, the City of Cape Canaveral, Florida, desires to develop a City
stormwater management program, to be responsible for the operation, construction, and
maintenance of stormwater devices; for stormwater, system planning; for review of
development plans for compliance with stormwater management codes; and for lake and
river quality management; and
WHEREAS, Section 373,413, Florida Statutes, authorizes the City of Cape
Canaveral to create one or more stormwater utilities and adopt stormwater utility fees or
assessments sufficient to plan, construct, operate and maintain stormwater management
systems throughout the City and to establish and set aside, as a continuing source of
revenue, other funds sufficient to plan, construct, operate and maintain stormwater
management systems throughout the City; and
WHEREAS, the cost of operating and maintaining all stormwater management
systems, and the financing of existing and future necessary repairs, replacement,
improvements, and extensions thereof, should, to the extent practicable, be allocated in
relationship to the benefits enjoyed and services received there from; and
WHEREAS, the City of Cape Canaveral has determined that the adoption of this
Ordinance, and the creation of a stormwater utility system, under the terms, conditions,
and criteria set forth hereunder, is necessary to protect the health, safety and welfare of
the citizens, residents, businesses, property owners, and inhabitants of the City of Cape
Canaveral.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, FLORIDA:
SECTION 1. Creation of Stormwater Drainage Utility.
Pursuant to the home rule power of Article VIII, Section 2, of the Florida
Constitution and Chapter 403, Florida Statutes, and the powers granted in the Charter of ,.
the City of Cape Canaveral and other applicable law, the Cape Canaveral City Council
does hereby establish a stormwater drainage utility and declare its intention to be
responsible for the operation, construction, maintenance and repair of stormwater
facilities; for stormwater system planning and for lake and river water quality
management.
SECTION 2. Findings, Determinations and Powers.
It is hereby found, determined, and declared that those elements of the stormwater
system which provide for the collection, treatment and disposal of stormwater and
regulation of groundwater are of benefit and provide services to all real property within
the incorporated city limits, including property not presently served by the storm
City of Cape Canaveral
Ordinance No. 06 -2003
Page 2 of 14
elements of the system. The beneficiaries of the system include all real properties within
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the City of Cape Canaveral which benefit by the provision, operation and improvement of
the system. Such benefits may include, but are not limited to, the provision of adequate
systems of collection, conveyance, detention, treatment and release of stormwater, the
reduction of hazard to property and life resulting from stormwater runoff, improvement
in general health and welfare through reduction of undesirable stormwater conditions,
and improvement to the water quality in the storm and surface water system and its
receiving waters.
{ The stormwater utility, under the direction of the Stormwater Utility Director
thereof, shall have the power to
i 1. Prepare regulations as needed to implement this Ordinance, and forward the
same to the City Council for consideration and adoption, and adopt such
procedures as are required to implement said regulations or carry out other
responsibilities of the utility;
2. Administer the acquisition, design, construction, maintenance, and operation
of the utility system, including capital improvements designated in the
comprehensive drainage plan;
1 Administer and enforce this Ordinance and all regulations and procedures
adopted relating to the design, construction, maintenance, operation of the utility
system including, but not limited to, the quantity, quality and /or velocity of the
( 60 , stormwater conveyed thereby;
4. Inspect private systems as necessary to determine the compliance of such
systems with this Ordinance and any regulations adopted under this Ordinance;
5. Advise the City Council, City Manager and other city departments on matters
relating to the utility;
6. Prepare and revise a comprehensive drainage plan for adoption by the City
Council periodically;
7. Review plans, approve or deny, inspect and accept extensions to the system.
8. Establish and enforce regulations to protect and maintain water quality within
the system in compliance with water quality standards established by state,
regional and /or federal agencies as now adopted or hereafter amended.
9. Analyze the cost of services and benefits provided, and the system and
structure of fees, charges, fines and other revenues of the utility annually.
10. Perform other duties related to the stormwater utility that are assigned by the
City Council and City Manager.
City of Cape Canaveral
Ordinance No, 06 -2003
Page 3 of 14
C SECTION 3. Definitions and Construction.
For the purpose of this Ordinance, the following definitions shall apply; words
used in the singular shall include the plural, and the plural, the singular; words used in the
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present tense shall include the future tense. The word "shall" is mandatory and not
discretionary. The word "may" is permissive. Words not defined herein shall be
construed to have the meaning given them by applicable state or federal law or if no such
law applies, the common and ordinary meaning as defined in the latest edition of
Webster's Dictionary shall apply.
"Council" means the City Council of the City of Cape Canaveral, Florida.
"Condominium" means a condominium created by a declaration of
1 condominium, pursuant to Chapter 718 , Florida Statutes.
"Condominium Residential Unit Parcel" means a Tax Parcel of Developed
Property constituting a Condominium "unit" to which the Property Appraiser has
assigned a DOR Code of 0135, 0351, 0352, 0414, 0421, 0430, 0465, 0834, 0839
2020 or as defined or supplemented by the City Manager in writing.
"City" means City of Cape Canaveral, a Florida municipal corporation.
C "Developed Property" means any Tax Parcel that includes Impervious Area.
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I "DOR Code" means a property use code established in Rule 12D-8.009, Florida
Administrative Code, as applied by the Property Appraiser.
"ERU" means "equivalent residential unit," the standard unit to be used in
calculating the Stormwater burden expected to be generated by the Impervious
Area of Developed Property, after taking into consideration any mitigation of the
Stormwater burden that results from privately maintained Stormwater
management facilities and other factors affecting the quantity or quality of
Stormwater runoff
"ERU Value" means the Impervious Area for a typical Residential Condominium
Parcel within the Stormwater Service Area. Based upon a median Impervious
Area derived from a statistically valid sample of Residential Condominium
Parcels, the City has computed an "ERU Value" of 2,074 square feet, which shall
be used to calculate the number of ERUs attributable to each Tax Parcel.
"Exempt Property" means public rights-of-way, public streets, public alleys and
public sidewalks, public parks and conservations areas and easements dedicated
to the public.
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City of Cape Canaveral
Ordinance No. 06-2003
Page 4 of 14
"Fiscal Year" means the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as
may be prescribed by laws as the fiscal year for the City.
"General Parcel" means a Tax Parcel of Developed Property that is not a
Residential Condominium Unit Parcel, Single Family Parcel, Mobile Home
Parcel or a Trailer Park Parcel.
"Government Property" means property owned by the United States of
America, the State of Florida, a county, a special district, a municipal corporation,
or any of their respective government agencies or political subdivisions.
"Impervious Area" means hard surfaced areas which either prevent or severely
restrict the entry of water into the soil mantle and/or cause water to run off the
surface in greater quantities or at an increased rate of flow from that present under
natural conditions prior to development. Common impervious surfaces include,
but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways,
parking lots, storage areas, and other surfaces which similarly impact the natural
infiltration or runoff patterns which existed prior to development.
"Single Family Parcel" means a Single Family Parcel with an Impervious Area
between 1,000 square feet and 4,000 square feet, inclusive. Property constituting
a Single Family Parcel includes property to which the Property Appraiser has
assigned a DOR Code of 0100, 0110, 0119, 0130, 0140, 0194, 0195, 0196, 0200,
0210, 0220, 0819, 0820, 0830, 0840, 0850 or as defined or supplemented by the
City Manager in writing.
"Mitigation Credit" means, for any Tax Parcel of Developed Property, a number
between 0.0 and 1.0 representing a reduction in the Stormwater burden expected
to be generated by such Tax Parcel attributable to privately maintained
Stormwater management facilities. The "Mitigation Credit" for each Tax Parcel f
shall be determined in accordance with the Mitigation Credit Policy.
"Mitigation Credit Factor" means the figure computed by subtracting the
Mitigation Credit from 1.00
"Mitigation Credit Policy" means the City of Cape Canaveral Stormwater
Utility Mitigation Credit Policy approved by the City Council and attached hereto
as Appendix A.
"Property Appraiser" means the Property Appraiser for Brevard County,
Florida.
"State" means the State of Florida:
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City of Cape Canaveral
Ordinance No. 06 -2003
Page 5 of 14
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"Stormwater" means the flow of water which results from, and which occurs
immediately following, a rainfall event.
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"Stormwater Fee" means a monthly utility fee imposed upon each benefited user
in the Stormwater Service Area to fund Stormwater Management Services.
"Stormwater Utility Roll " means the fee roll relating to the Stormwater Utility
Fee.
"Stormwater Management Services" means (A) management and
administration of the City's Stormwater management program; (B) Stormwater
program engineering; (C) basin planning, including capital improvement plan
development; (D) operating and maintaining the City's capital facilities for
Stormwater management, including extraordinary maintenance; (E) billing and
collection of Stormwater Fees, including customer information services and
reserves for available statutory payment discounts and (F) legal, engineering and
other consultant services.
"Stormwater Service Cost" means the estimated amount for any Fiscal Year of
all expenditures and reasonable reserves that are properly attributable to
Stormwater Management Services provided within the Stormwater Service Area
under generally accepted accounting principles, including, without limiting the
generality of the foregoing, reimbursement to the City for any moneys advanced
for Stormwater Management Services, and interest on any interfund or intrafund
loan for such a purpose.
"Stormwater Utility" means the utility established by this Ordinance to
implement, operate, and maintain the Stormwater management program of the
City.
"Stormwater Utility Director" means the City's Public Works Director or such
person's designee or such other person designated by the City Manger.
"Stormwater Service Area" means all real property within the City.
"Tax Parcel" means a parcel of property, other than Government Property, to
which the Property Appraiser has assigned a distinct ad valorem property tax
identification number.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by
the Property Appraiser for the purpose of the levy and collection of ad valorem
taxes.
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City of Cape Canaveral
Ordinance No. 06 -2003
Page 6 of 14
SECTION 4. Operating Budget.
The City shall adopt an operating budget not later than the first day of each Fiscal
Year. The operating budget shall set forth for such Fiscal Year the estimated revenues
and the estimated costs for operations and maintenance extension and replacement, and
debt service.
SECTION 5. Stormwater Fee.
Section 5.01 FEE ESTABLISHED. Subject to the provisions of this Ordinance,
there is hereby imposed on each and every Developed Property, other than Exempt i
Property, and the owners and non - owners thereof, a Stormwater Fee. In the event the
owner and non -owner users of a particular Developed Property are not the same, the
liability for each owner and non -owner users for the Stormwater Fee attributable to the
Developed Property shall be joint and several. The Stormwater Fee shall be a monthly or
annual service charge and shall be determined by the provisions of this Section and the
ERU and ERU rate which shall be established and changed from time to time by
Resolution adopted by the Cape Canaveral City Council.
Section 5.02 COMPUTATION. The Stormwater Fee will be computed for each
water utility user located within the Stormwater Service Area by multiplying the number
of ERUs attributable thereto by the ERU rate; provided however that the ERU rate shall
be reduced, if necessary, to ensure that the aggregate Stormwater Fees within the
Stormwater Service Area do not exceed the Stormwater Service Cost.
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Section 5.03. STORMWATER FEE ROLL. The Stormwater Utility Director is
hereby directed to prepare, or direct the preparation of, the preliminary Stormwater Fee
Roll in the manner provided in this Ordinance. A copy of this Resolution and the
preliminary Stormwater Fee Roll shall be maintained on file in the office of the
Stormwater Utility Director and open to public inspection. The foregoing shall not be
construed to require that the Stormwater Fee Roll be in printed form if the amount of the i
Stormwater Fee for each Tax Parcel can be determined by use of an available computer
terminal.
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Section 5.04 METHOD OF COLLECTION. The Stormwater Fee for metered
property shall be billed and collected separately on a monthly basis with the monthly
utility bill for those properties utilizing City utilities; and billed and collected separately
for those properties not utilizing other City utilities. All such bills for Stormwater Fees
shall be rendered monthly by the City. The Stormwater Fee for those properties utilizing
City utilities is part of a consolidated statement for utility customers which is generally
paid by a single payment. In the event that a partial payment is received, the payment
shall be applied pro -rata to each account billed on the consolidated statement in the
proportion that an individual account bears to the total consolidated statement of all i
current charges for all accounts, unless otherwise approved by the City Council. The
Stormwater Fee for unmetered property shall be billed annually. All bills for Stormwater
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Ordinance No. 06 -2003
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Fees shall become due and payable in accordance with the City's rules and regulations of
the finance department pertaining to the collection of the Stormwater Fees.
The City shall be entitled to recover all reasonable attorney's fees and costs
incurred in collecting delinquent Stormwater Fees. Any charge due hereunder which is
not paid when due may be recovered in an action at law by the City of Cape Canaveral.
In addition to any other remedies or penalties provided by this or any other ordinance of
the City of Cape Canaveral, failure of any user of City utilities within the City to pay said
charges promptly when due shall subject such user to discontinuance of utility services
and the City Manager of the City, or the City Manager's designee, is hereby empowered
and directed to enforce this provision as to any and all delinquent users. The employees
of the City shall, at all reasonable times, have access to any premises served by the City
for inspection, repair or the enforcement of the provisions of this Ordinance.
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All Stormwater Fees imposed pursuant to this Ordinance shall be a lien upon the
property to which such fee is associated from the date said fee becomes due until such fee
is paid. The owner of every building, premise, lot, or house shall be obligated to pay the
fee for all service provided under this Ordinance, which obligation may be enforced by
the City by action at law or suit to enforce the lien in the same manner as the foreclosure
of mortgages. In the event of such action, the City shall be entitled to recover all court
costs and reasonable attorney fees for such collection. In the case that a tenant in
possession of any premises or building shall pay said charges, it shall relieve the land
Coe owner from such obligation and lien; but the City shall not be required to look to any
person whatsoever other than the owner for the payment of such charges. No changes of
ownership or occupation shall affect the application of this Ordinance, and the failure of
any owner to learn that property was purchased with an existing lien for outstanding
Stormwater Fees shall in no way affect the owner's responsibility to pay the amount of
said lien.
Section 5.05 APPEAL OF DWELLING UNIT AND IMPERVIOUS SURFACE
CALCULATION. Any person disagreeing with the calculation of the Stormwater
Fee, as provided in the Section, may appeal such determination to the Stormwater Utility
Director. Any appeal must be filed in writing and shall include a survey prepared by a
registered surveyor showing Dwelling Units, total property area, Impervious Area or
Non - residential Developed Area, as appropriate. The Stormwater Utility Director may
request additional information from the appealing party. Based upon the information
provided by the utility and appealing party, the Director shall make a final calculation of it
the Stormwater Fee. The Director shall notify the parties, in writing, of the Director's
decision. If still dissatisfied, a party may request, in writing, a review by the City
Manager of the Director's decision. Such request may cite specific error by the Director
and the calculation which the party feels is correct. The City Manager shall review the
record presented and render a written decision as soon as practical. The City Manager
may request additional information from either party. If still dissatisfied, a party may
appeal the City Manager's decision to the City Council in the same manner as preceding.
The decision of the City Council shall be final.
City of Cape Canaveral
Ordinance No. 06 -2003
Page 8 of 14
SECTION 6. Determination of ERU's.
Section 6.01. CLASSIFICATION OF TAX PARCELS. Each Tax Parcel located
within the Stormwater Service Area shall be assigned to one of the following
classifications: Residential Condominium Parcels , Single - Family Parcels; Mobile Home
Parcels, Trail Park Parcels or General Parcels.
Section 6.02. RESIDENTIAL CONDOMINIUM PARCELS.
(A) The Council hereby finds and determines as follows:
(1) A Residential Condominium constitutes a unique form of real property
ownership comprised of Condominium Residential Unit Parcels, to which
there may be an appurtenant undivided share in Condominium Common Area
Parcels.
(2) It is fair and reasonable to attribute the Impervious Area of Condominium
Common Area Parcels to the Condominium Residential Unit Parcels to which
such Condominium Common Area Parcels are appurtenant.
(3) Residential Condominium Parcels constitute 59 percent of all parcels located
Cre within the Stormwater Service Area and represent the standard size, single-
family residence within the Stormwater Service Area.
(4) Since Residential Condominium Parcels constitute approximately 59 percent
of the total 6,161 Tax Parcels located within the Stormwater Service area, the
cost of measuring or verifying the Impervious Area for each individual
Residential Condominium greatly exceeds any benefit to be derived from
individual measurement or verification. Residential Condominium Parcels
constitute a reasonable classification of property for purposes of the
Stormwater Fees.
(5) Since the ERU Value falls within the range of Residential
O g Condominium
Parcels, it is fair and reasonable to assign one ERU to each Residential
Condominium Parcel.
(6) Due to the large number of Residential Condominium Parcels, it is fair and
reasonable to determine the Mitigation Credit Factor for Residential
Condominium Parcels without considering, for each Tax Parcel, the
percentage of Impervious Area that is directly connected to the City's
Stormwater management system.
City of Cape Canaveral
Ordinance No. 06 -2003
Page 9 of 14
(B) The number of ERUs attributable to each Residential Condominium Parcel shall
} be determined as follows:
(1) The number of ERUs attributable to each Residential Condominium Parcel
shall be determined by multiplying one ERU by the appropriate Mitigation
Credit Factor. In determining the Mitigation Credit Factor for Residential
Condominium Parcels, the percentage of Impervious Area that is directly
connected to the City's Stormwater management system shall not be taken
into consideration.
Section 6.03. SINGLE - FAMILY PARCELS.
(A) The Council hereby finds and determines as follows:
(1) Single - Family Residence Parcels constitute 6.5 percent of all Parcels located
with the Stormwater Service Area.
(2) Since the Impervious Area has not been measured or verified for each
Residential Condominium Parcel and since Stormwater Fees for Residential
Condominium Parcels will be computed by assigning a uniform number of
ERUs to all Residential Condominium Parcels, it is fair and reasonable to
compute Stormwater Fees for comparably sized Single- Family Parcels by
reference to Residential Condominium Parcels
(3) Since the ERU Value falls within the range of Residential Condominium
Parcels, it is fair and reasonable to assign one ERU to each Single- Family
Parcel.
(4) To maintain consistency with the method of determining the Mitigation Credit
Factors for Residential Condominium Parcels, it is fair and reasonable to
determine the Mitigation Credit Factor for Single Family Parcels without
considering, for each Tax Parcel, the percentage of Impervious Area that is
directly connected to the City's Stormwater management system.
Section 6.04. MOBILE HOME PARCELS.
(A) The Council hereby finds and determines as follows:
(1) Mobile Home Parcels constitute less than 1 percent of the Parcels within the
Stormwater Service Area. Due to the relatively small amount of Impervious
Area, the cost of measuring or verifying the Impervious Area for each
individual Mobile Home Parcel greatly exceeds any benefit to be derived from
individual measurement or verification. Mobile Home Parcels constitute a
reasonable classification of property of purposes of the Stormwater Fees.
City of Cape Canaveral
Ordinance No. 06 -2003
Page 10 of 14
(2) Since the average Mobile Home Parcel includes Impervious Area that
approximates one -half of the ERU Value, it is fair and reasonable to assign
one -half ERU to each Mobile Home Parcel.
(B) The number of ERUs attributable to each Mobile Home Parcel shall be
determined as follows:
(1) The number of ERUs attributable to each Mobile Home Parcel shall be
determined by multiplying one -half ERU by the Appropriate Mitigation
Credit Factor. In determining the Mitigation Credit Factor for Mobile Home
Parcels, the percentage of Impervious Area that is directly connected to the
City's Stormwater management system shall not be taken into consideration.
Section 6.05. TRAILER PARK PARCELS.
(A) The Council hereby finds and determines as follows:
(1) Due to the relatively small amount of Impervious Area associated with mobile
homes in trailer parks, the cost of measuring or verifying the Impervious Area
for each individual mobile home greatly exceeds any benefit to be derived
from individual measurement or verification. Trailer Park Parcels constitute a
reasonable classification of property for purposes of the Stormwater Fees.
(2) Since the average Mobile Home includes Impervious Area that approximates
one -half of the ERU Value, it is fair and reasonable to assign one -half ERU to
each Mobile Home.
(3) Since the roads within trailer parks are owned and maintained by the trailer
park, it is fair and reasonable to include this impervious area in the calculation
of the ERU Value. Since the average mobile home lot width is 50 -feet and the
average width of one lane of street is 12 -feet, it is reasonable to add 600
square feet to each mobile home within a trailer park. Therefore, it is fair and
reasonable to assign 0.29 ERU to the roadway section associated with each
mobile home.
(B) The number of ERUs attributable to each Trailer Park Parcel shall be determined
as follows:
(1) The number of ERUs attributable to each Trailer Park Parcel shall be
determined my multiplying 0.79 ERU by the number of mobile home units
within the trailer park. This result shall then be multiplied by the Appropriate
Mitigation Credit Factor. In determining the Mitigation Credit Factor for
Mobile Home Parcels, the percentage of Impervious Area that is directly
connected to the City's Stormwater management system shall not be taken
into consideration.
City of Cape Canaveral
Ordinance No. 06 -2003
Page 11 of 14
Section 6.06. GENERAL PARCELS. The number of ERUs attributable to each
General Parcel shall be determined by (1) dividing the Impervious Area of the General
Parcel by the ERU Value (2,074 square feet), and (2) multiplying the result by the
appropriate Mitigation Credit Factor. In determining the Mitigation Credit Factor for
General Parcels, the percentage of Impervious Area that is directly connected to the
City's Stormwater management system shall be taken into consideration.
Section 6.07. APPROVAL OF MITIGATION POLICY. The Council hereby
approves the Mitigation Credit Policy attached hereto as Appendix A. Said policy may
be modified or amended at any time by resolution of the City Council.
Section 6.08. PRIVATE STORMWATER MANAGEMENT FACILITIES.
(A) The Council recognizes the benefits provided by privately maintained Stormwater
management facilities. Properties supporting private Stormwater management
facilities should be credited for the public benefit they provide. Accordingly, the
number of ERUs otherwise attributable to such property shall be adjusted by a
Mitigation Credit determined in accordance with the Mitigation Credit Policy.
(B) In order to receive a Mitigation Credit for which property is eligible, a property
owner may be required to provide the Stormwater Utility Director with "as built"
drawings of the Stormwater management facility sealed by a Florida- registered
professional engineer, a certification from a Florida- registered professional
(fi; engineer as to the standards of retention and detention achieved by the facility,
and such other reasonable requirements as may be necessary to effectuate the
purposes of this Section 6.08.
No Mitigation Credit shall be applied for service provided to property b
(C ) g PP p P P Y Y a
Stormwater management facility constructed or maintained with public funds.
However, a Mitigation Credit shall be applied for service provided to property by
a regional stormwater management facility if the developer of the property
provided a capital contribution to the regional facility in lieu of constructing on-
site facilities.
SECTION 7. Program Responsibility.
It shall be the duty of the Stormwater Utility Director to administer the
stormwater utility system created by this Ordinance. The Stormwater Utility Director
shall keep an accurate record of all persons using the services and facilities of said
stormwater management system of the City and to make changes in accordance with the 1
rates and changes established in this Ordinance.
SECTION 8. Stormwater Management Utility Enterprise Fund.
1. All Stormwater Fees collected by the City shall be paid into an enterprise fund
which is hereby created, to be known as the "Stormwater Management Fund ".
City of Cape Canaveral
Ordinance No. 06 -2003
Page 12 of 14
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Such fund shall be used for the purpose of paying the costs of operation,
administration and maintenance of the stormwater drainage facilities of the City
and to carry out all other purposes of the stormwater utility. To the extent that the
stormwater management Stormwater Fees collected are insufficient to construct
the needed stormwater drainage facilities, the cost of the same may be paid from
such City fund as may be determined by the City Council, but the City Council
may order the reimbursement of such fund if additional fees are thereafter
collected. When the fund has surplus dollars on hand in excess of current needs,
the surplus dollars will be invested consistent with any applicable investment
policy established by the City Council.
2. The Stormwater Fees and charges paid in accordance with this Ordinance shall
not be used for general or other governmental or proprietary purposes of the City,
except to pay for the equitable share of the cost of accounting, management and
government thereof. Other than as described above, the Stormwater Fees and
charges shall be used solely for the purposes stated in paragraph 1 of this Section.
SECTION 9. Repeal of Prior Inconsistent Ordinances and Resolutions.
All prior inconsistent ordinances and resolutions adopted by the City Council, or
parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the
extent of the conflict.
SECTION 10. Severabilitv.
If any section, subsection, sentence, clause, phrase, word or provision of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions of this Ordinance.
SECTION 11. Incorporation into Code.
This Ordinance shall be incorporated into the Cape Canaveral Code and any
section or paragraph number or letter and any headings may be changed or modified as
necessary to effectuate the foregoing.
SECTION 12. Effective Date.
This Ordinance shall take effect immediately upon its adoption by the Cape
Canaveral City Council provided, however, the imposition of the Stormwater Fee under
this Ordinance shall be deferred until January 1, 2004.
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City of Cape Canaveral
Ordinance No. 06 -2003
Page 13 of 14
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I ADOPTED at a regular meeting of the City Council of the City of Cape
; c Canaveral, Florida, this 18 day of February, 2003.
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Rocky Randels, Mayor
ATTEST:
For Against
/ Bob Hoog Second
Jim Morgan Motion
1 Susan Stills, Clerk Buzz Petsos X
I Rocky Randels X
Richard Treverton X
First Reading: 2/4/03
Legal Ad published: 2/8/03
Second Reading: 2/18/03
Approved as to legal form and sufficiency for
the Ci Cape Canaveral only:
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Anthony A. Garganese, City Attorney
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City of Cape Canaveral j
Ordinance No. 06 -2003
Page 14 of 14
ORDINANCE NO 06 -2003
Attachment to the Ordinance.
SECTION 6.07. APPROVAL OF MITIGATION POLICY.
The Council hereby approves the Mitigation Credit Policy attached hereto as Appendix
A. Said policy may be modified or amended at any time by resolution of the City
Council.
When Publishing Supplement to the City Code,
Do Not Codify Mitigation Policy.
(le
, C.,
Mitigation Credit Application Form and Procedures
Credits are given to those individuals who implement stormwater control practices that further
the City's stormwater control goals. The City of Cape Canaveral has identified three aspects of
stormwater control that are important to protect the health, safety and public welfare of its
citizens. These goals are related to water quality, peak flow rate attenuation, and water quantity
or volume. Each identified objective has been studied in depth to ensure an equitable allocation
of mitigation credits to those who control their stormwater runoff. The graphs and tables in the
mitigation credit policy literature have been simplified to the maximum extent feasible while still
maintaining technical accuracy and financial equitability. The following procedures for obtaining
the mitigation credit have been developed to assist applicants with gathering the necessary
data. The plan is designed such that a new engineering study will not be needed in most
instances.
Water Quality Credit
The best information to provide to the City is a previously completed engineering report. This
report must include:
EI
1. Total area treated by the stormwater facility.
2. Coefficient of imperviousness or acres of pervious and impervious area If the site-
C, specific coefficient of imperviousness is not available, then a coefficient of
imperviousness will be computed from the area information using the following formula:
{
[(Impervious Area 0.9 +Pervious Area 0.2 / (Im ervious Area +Pervious Area)
3. The volume of the retention pond or the detention pond depending on the facility used
Retention volume should be measured from the lowest outflow point to the starting water
level before the storm event. The detention volume should be measured from the main
weir crest to the starting water level before the storm event or 1.5 feet whichever is lower.
Table 1 and Figure 1 in the Mitigation Credit Policy will be used to compute the credit.
• For Retention Ponds, the horizontal or x -axis number is computed by the following formula:
Retention x — Axis = (Retention Volume) /[(Site Area) *(Coefficient of Imperviousness)]
• For Detention Ponds, the horizontal or x -axis is computed by the following formula:
Detention X — Axis = (Detention Volume) /(Site Area)
ti
No Engineering Report Available
If an engineering report is not available, the volume can be manually measured either by the
applicant or the applicant's appointed representative (more than likely a surveyor or engineer).
1. Total area treated by the stormwater facility
a. If the entire parcel is treated by the facility, then the area in the County's database
can be used to compute the area.
b. If only a portion of the parcel is treat by the facility, then the area may be
computed by either outlining the area on an aerial map and planimetering the
information or surveying and hand measuring the contributing area
2. Coefficient of Imperviousness
The impervious and pervious areas of the site are needed. This information can be
obtained in the following ways:
a. The impervious area can be taken from the City's /County's database. Subtract
this impervious area by the total contributing area calculated above, yielding the
pervious area. The coefficient of imperviousness will now be computed from the
area information using the following formula:
it [(Impervious Area) *(0.9) + (Pervious Area) *(0.2)] /(Impervious Area +Previous Area)
b. If the applicant believes the City's /County's database to be in error the applicant
may survey and hand measure the impervious areas or use an aerial map and
planimeter the desired areas. The formula presented above will be used to
compute the actual coefficient of imperviousness.
3. Volume of Retention or Detention Pond
3A. Retention Pond Volume
The volume of the retention pond is to be measured from the lowest outflow point
down to the starting water level before the storm event.
a. The area at the starting normal water level should be measured by
surveying and hand calculations. A typical rectangular pond's area can be
found by measuring the length and width of the pond at the starting water
level. The length and width measurements should then be multiplied,
yielding the starting water level area of the pond.
b. The same process described in (a) above should be performed at the
lowest point where water begins to flow out of the pond. This area will be
C ir called the control level elevation.
c. The vertical distance between the stating water level and the control
elevation should be measured using a tape measure.
• The retention volume is then computed using the following formula:
Retention Volume = (Starting Area + Control Area) /2* Depth or (a
+b) /2 * c
• Table 1 and Figure 1 in the Mitigation Credit Policy will be used to
compute the credit.
•
• For Retention Ponds, the horizontal or x -axis number is computed by
the following formula:
•
Retention X — Axis = (Retention Volume) /[(Site Area) * (Coefficient of
Imperviousness)]
3B. Detention Pond Volume
The volume of the detention pond should be measured from the main weir crest to
the starting water level before the storm event. The maximum distance allowed is
1.5 feet.
a. The area at the starting or normal water level should be measured by
surveying and hand calculations. A typical rectangular pond's area can be
found by measuring the length and width of the pond at the starting water
level. The length and width measurements should then be multiplied,
yielding the starting water level area of the pond.
b. The same proceed described in (a) above should be performed at the main
weir crest level. This are will be called the weir crest elevation. w '
c. The vertical distance between the starting water level and the top of bank
elevation should be measured using a tape measure. The maximum
allowable height is 1.5 feet.
• The detention volume is then computed using the following formula:
Detention Volume = (Starting Area + Top of Bank Area) /2 * Depth or
(a +b)/2 * c
• Table 1 and Figure 1 in the Mitigation Credit Policy will be used to
compute the credit.
• For Detention Ponds the horizontal or x -axis is computed by the
following formula:
(09 Detention X — Axis = (Detention Volume) /(Site Area)
NOTE: Area of irregular shaped ponds can be planimetered from aerial maps. The
volume computed may be highly inaccurate, especially for smaller ponds.
Peak Rate Attenuation Rate Credit
The best information to provide to the City is a previously completed engineering report.
1. The design storm event for which peak flow rate attenuation is occurring, such as the 25-
year, 24 -hour storm or the 10 -year, 24 -hour storm. The information must come from an
engineering report.
2. A second way to receive this credit is to retain a specified storm on site. If no runoff flows
offsite during a specific storm event, rate mitigation credit will be given for that storm
event. This information preferably should come from an engineering report. However, if
a volume of pure retention is four inches over the entire site, credit will be given for
attenuating the 25 -year storm event.
• Table 2 and Figure 2 in the Mitigation Credit Policy literature should then be used to
calculate the awarded credit.
• It is very difficult to receive this credit without an engineering report. The only
c consolation is that this credit is weighted less in the calculation of the total credit.
Therefore, the overall effect of not having this information is negligible in the total
mitigation credit.
Water Quantity or Volume Credit
Water quantity credit is only given when pure retention is occurring. This means that no water
ever flows off the site No bleed down structures exists; all water is either evaporated,
percolated or transpirated.
The retention pond volume calculated for water quality is the same number used to calculate the
water quantity credit. The retention volume is divided by the contributing area. The number in
units of inches over the contributing area is then taken to Table 3 and Figure 3 to calculate the
Water Quantity Mitigation Credit.
•
MITIGATION CREDIT
IMPLEMENTATION PROCEDURES
C.
MITIGATION CREDIT IMPLEMENTATION PROCEDURES
CITY OF CAPE CANAVERAL, FLORIDA
L -
Credits are given to parcels, which improve water quality, reduce peak flow rate, and reduce runoff volume. The
following procedures for obtaining the mitigation credit have been developed to assist applicants with gathering the
necessary data. The plan is designed so that a new engineering study will not be needed in most instances. The
attached form has been prepared to assist in assigning mitigation credit to deserving property owners.
The questionnaire asks for identification and descriptive information. The following discusses the information
requested on the sheet in the order in which it is presented. Direct any question to the Stormwater Manager (321-
868 -1240) unless otherwise noted.
The area treated by the parcel is normally the same as the entire site area. It different, this information could come
from contoured aerial mapping. A pond on the highest part of the property receiving little or no runoff will receive
less credit then a pond at the bottom of a hill receiving a larger portion of runoff.
Impervious Area can be obtained from the Brevard County's Property Appraiser's Office. It can also be manually
measured if you believe that current information is inaccurate. Be sure to check the amount of impervious area the
City has on file for your property.
An important aspect of credit policy is the size of ponds or lakes on the property. There are three acceptable ways
to compute the volume of the ponds.
A. Manually measure the lake of pond. First, measure at the normal water level or water level before a
storm occurs. Second, measure at the point at which the water would first begin to flow out of the
pond, normally through an orifice, weir or pipe. Third, measure at the top of the pond. In situations
where no control structure exists, the second and third measurements will be equal. The vertical
distance between these three locations is also needed.
f
C e B. Contoured aerial maps that show the pond in question can also provide the area data These can be
obtained from Brevard County (321- 633 - 2019), Natural Resources Conservation Service (quad sheets,
only) or St. Johns River Water Management District (904 - 329 - 4127). The section, township and range
are needed to order the map.
C. The volume information can also be provided directly by the engineering report in terms of acre -feet or
cubic feet of storage provided.
Rate attenuation credit is extremely difficult to obtain without an engineering report. If a report is not available and
you believe that you control the water from a particular storm event, then the City will assign credit on a case -by. k
case basis. In general, individuals will be required to store large amounts of water on site in order to receive this
credit without a report.
In addition to the information requested, the following information would be of assistance: 1) A contoured aerial
topographic map of the site; 2) A Building Permit; 3) A Water Management District Permit; and 4) Pictures
showing the direction of water flow.
For additional information, contact:
City of Cape Canaveral
Stormwater Management
105 Polk Avenue
Cape Canaveral, Florida 32920
(321) 868 -1240
cog
MITIGATION CREDIT APPLICATION FORM
CITY OF CAPE CANAVERAL, FLORIDA
Name: Date:
Address:
City: State: Zip:
Phone Number: (day) (evening)
Tax Identification Number (RR- TT- SS- SUBD- PARCE):
Description of Property (land use, buildings, parking, etc):
Description of Stormwater Facilities (ponds, swales, lakes, etc.):
C
Receiving Water Body (Where does the water go ?):
Entire Area of Parcel (acres):
Area of Parcel treated by Stormwater Facility (acres):
C p. Page 1 of 2 �.
r he Impervious Area including buildings, paved surfaces, sidewalks etc. (Square Feet):
POND VOLUME — PROVIDE EITHER A, B OR C
A. At normal water level: Pond Length (feet): Pond Width (feet):
At out -flow water level: Pond Length (feet): Pond Width (feet):
At top of pond level: Pond Length (feet): Pond Width (feet):
Vertical distance between normal water level and out -flow water level:
Vertical distance between out -flow level and top of pond:
B. Contoured Aerial Map showing pond(s)
C. Volume from normal water level to out -flow level (acre- feet):
Ihw Volume from out -flow level to top of pond (acre- feet): (from engineering report)
RATE ATTENUATION (CREDIT GIVEN BASED ON ENGINEERING DESIGNS)
Attenuated Design Storm (circle) 10 -year 25 -year 100 -year Unknown Other
Mail form and any applicable information to
For additional information, contact:
City of Cape Canaveral
Stormwater Management
105 Polk Avenue
Cape Canaveral, Florida 32920
(321) 868 -1240
Attn.: Mitigation Credit Review
Cry Page2of2
}
CITY OF CAPE CANAVERAL
STORM WATER UTILITY
MITIGATION CREDIT POLICY
Final Report
December 2002
prepared for:
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
(321) 868 -1230
prepared bv:
Berryman & Henigar, Inc.
1221 West Colonial Drive
Orlando, Florida 32804
(407) 426 -8994
BHI Ref. No 91293.00
City of Cape Canaveral
Stormwater Utility
Mitigation Credit Policy
TABLE OF CONTENTS
Section Page
1.0 INTRODUCTION1
2.0 MITIGATION FACTOR COMPONENTS 1
2.1 Weighting Factors 1
2.2 Quality 1
2.3 Rate 2
2.4 Quantity 2
2.5 Administration 2
3.0 APPLICATION OF MITIGATION FACTORS 3
LIST OF TABLES
TABLE 1 Quality Mitigation Curve Development
TABLE 2 Rate Mitigation Curve Development
TABLE 3 Quantity Mitigation Curve Development
TABLE 4 Standard Mitigation Rates
LIST OF FIGURES
FIGURE 1 Quality Mitigation Curve
FIGURES 2 Rate Mitigation Curve
FIGURES 3 Quantity Mitigation Curve
APPENDICES
APPENDIX A State Water Policy
Co;
i -- -
City of Cape Canaveral
Stormwater Utility
Mitigation Credit Policy
1.0 INTRODUCTION
Berryman & Henigar, Inc. and the City of Cape Canaveral have determined stormwater mitigation
credits can be divided into three distinct components. These components are Quality, Peak Rate and
Quantity (Volume). Quality refers to acts such as storing the first inch of runoff and other activities that
enhance water quality. Rate is associated with the peak flow of stormwater off -site. Quantity refers to
the volume of stormwater runoff stored on -site. These three categories will be used for mitigation
purposes.
Each of these three components may have a different weighting depending on the stormwater goals in
each basin and parcel land use. This percent should be set by the City Council, based on
recommendations from City Staff and Berryman & Henigar.
2.0 MITIGATION FACTOR COMPONENTS
2.1 Weighting Factors
This policy recommends a higher priority be given to the Quality and Quantity aspects than to the Rate
aspect. These percentages may vary in the future as needed to achieve the City's objectives. The
recommended weighting factors are 35% for Quality, 15% for Rate and 35% for Quantity. Quality and
Quantity receive a heavier weighting than Rate since the added impervious area and pollutant loadings
associated with development significantly impact these parameters. The Rate aspect is weighted lower
as Cape Canaveral is a coastal community with fewer rate related problems and due to the fact the rate
criteria only slow the flow of water, but the imperviousness added by development increases the runoff
volume discharged off -site. The remaining 15% of the stormwater utility fee is associated with
administration of the stormwater utility.
2.2 Quality
The Quality reduction is based on Chapter 62- 40.432, State Water Policy as found in Appendix A. This
rule states in Section 62- 40.432.5.a.1 that new stormwater management systems shall be designed to
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. The Quality mitigation curve, developed by Dr.
M. Wanielista at the University of Central Florida and adapted by Berryman & Henigar, in Figure 1 and
1
1
City of Cape Canaveral
Stormwater Utility
Mitigation Credit Policy
80% Table 1, identifies one inch (1") of storage over the site as equivalent to an 80% reduction in annual
pollutants. This is true as storm event less than one -inch amount to 80% of the annual rainfall volume
and 90% of the annual rainfall events.
2.2 Rate
The Rate aspect is based on the amount of attenuation provided. The maximum credit of 100% will be
received if the 100 -year, 24 -hour storm event is attenuated. If smaller storms are attenuated, Figure 2
will be used to compute the reduction. The Rate mitigation credit is based on the attenuation volume in
a pond beyond that which is required for water quality.
Table 2 summarizes the curve development. The storage volume necessary to attenuate a given storm
event, beyond that required for water quality, was computed. If the pond is designed to accommodate a
100 -year storm event, full credit is received. Smaller storm events can be attenuated using smaller pond
volumes. Therefore, the rate mitigation factors are computed based on the relative pond sizes needed
for attenuating the various stormed events, such as the 10 -year and 25 -year storms, versus the pond size,
which would be needed to attenuate the 100 -year storm.
2.3 Quantity
Quantity mitigation refers to the volume of storage on site. This credit is given based on the storage
provided by storm water devices, mainly ponds, which have been constructed on site. The analysis is
based on the annual runoff from a typical ERU of 2,074 square feet of impervious area and 3,266 square
feet of pervious area. Adding these two numbers, an average ERU size of 5,340 square feet is obtained.
Using this information and a typical rainfall histogram, 7.19 inches over the site is anticipated to run off
the property in a given year. Table 3 and Figure 3 outline the Quantity mitigation curve development.
These exhibits show that as retention storage increases, the amount of runoff collected increases;
likewise, the credit allocated increases.
2.4 Administration
Stormwater utility administration is related to the office functions needed to operate a stormwater
utility, such as creating the database, updating and maintaining the database, developing programs and
other tasks needed to ensure the stormwater utility is successfully operating. Costs allocated to
ce
2 -- -
City of Cape Canaveral
Stormwater Utility
Mitigation Credit Policy
administration, include but are not limited to, stormwater utility manager's salary and benefits, building
costs, transportation costs, capital improvement program development costs, etc. Fees associated with
administration are estimated to be 15% of the fees collected. As these fees are needed to operate the
stormwater utility, all utility users pay this portion of the stormwater utility fee.
3.0 Application of Mitigation Factors
The historical criteria of the St. Johns River Water Management District were reviewed with respect to
water quality (pollution abatement), rate (attenuation of flow) and quantity (additional retention
requirements). These data were then used to define standard mitigation credits for developments
occurring within specified time periods. Table 4 summaries the findings of this investigation.
The St. Johns River Water Management District began issuing permits in 1981. The standard
requirements of treating the first half -inch of runoff from the developed site and attenuate the 25 -year,
24 -hour storm event will be used to assign mitigation credit for parcels developed from 1981 through
the present. Treating the first inch of rainfall gives an 80% credit for quality; attenuating the 25 -year,
C 24 -hour storm event gives a 76% credit for rate; a one -half inch of retention yields 20% mitigation for
quantity. This yields a 46.4 mitigation credit of (0.35 *80 + 0.15 *76 + 0.35 *20 = 46.4.
Between 1979 and 1981, the Department of Environmental Protection enforced water quality criteria.
As such, an 80% credit will be given for water quality for developments constructed during this time
period. This will amount to a total mitigation credit of 32 %. Prior to 1979, minimal criteria were in
place and the enforcement and depth of these requirements are in question. Therefore, no credit is given
for developments constructed before 1979.
The standard mitigation credits calculated are based on typical developments. Additional credit may be
available on a case -by -case basis if more stringent criteria are required. This may be the case if
construction occurred within a landlocked basin, a primary groundwater recharge area or within
designated Outstanding Florida Waters. The burden of proof lies with the property owner. The owner
must show evidence to the City or its designated representative of designing and construction at a higher
level.
Cf
3 -- -
City of Cape Canaveral
Stormwater Utility
Mitigation Credit Policy
Table 4
Standard Mitigation Rates
Year Quality Rate Quantity Administration Total
35% 15% 35% 15% Mitigation
1981 -2003 80 76 20 0 46.4
1979 -1981 80 0 0 0 28
1979 0 0 0 0 0
Total Retention* 100 100 100 0 85
* All stormwater from the 100 -year, 24 -hour storm event is held on site and only released through
infiltration.
DEFINITIONS
1. Attenuation: The act or process of maintaining or decreasing the rate of water flow from
the pre - development to the post- development condition.
2. Detention: The storage and slow release of storm water runoff to effect a reduction in
flow rate through a structure or from a site.
3. Fist Flush: That portion of a storm event in which the pollutants in the runoff are
generally considered to be at the highest concentration, generally accepted to
be the first inch of rainfall for retention systems and the fish inch of runoff for
wet detention systems.
4. Quality: The aspect of storm water runoff related to pollutant levels in the receiving
water bodies.
5. Quantity: The aspect of storm water runoff related to the total volume of water
generated by a storm event and evacuated through a structure or from a parcel
of land.
6. Rate: The aspect of storm water runoff related to the volume of storm water and the
time required to evacuate it through a structure or from a parcel of land,
expressed as cubic feet per second (cfs).
7. Retention: The storage of storm water runoff on -site with volume recovery only through
infiltration into the ground, or through evaporation.
8. Wet Detention: The storage of storm water runoff on -site such that it is gradually released to
downstream drainage systems, allowing the cleansing of the storm water
runoff through contact with planted wetland vegetation.
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Appendix A
State Water '
t
ater Policy
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CHAPTER 62 -40
WATER POLICY
TABLE OF CONTENTS
PAGE
62- 40.110 DECLARATION AND INTENT. 1
62- 40.120 DEPARTMENT RULES. 2
PART II
DEFINITIONS
62- 40.210 DEFINITIONS 2
PART III
GENERAL PROVISIONS
62- 40.310 GENERAL POLICIES. 6
PART IV
RESOURCE PROTECTION AND MANAGEMENT
62- 40.401 WATER USE AND REUSE. (REPEALED) 8
62- 40.410 WATER SUPPLY PROTECTION AND MANAGEMENT 8
62- 40.412 WATER CONSERVATION 10
62- 40.416 WATER REUSE. 10
62- 40.422 INTERDISTRICT TRANSFER. 11
62- 40.430 WATER QUALITY. 12
62- 40.432 SURFACE WATER PROTECTION AND MANAGEMENT 12
62- 40.450 FLOOD PROTECTION. 17
62- 40.458 FLOODPLAIN PROTECTION. 18
62- 40.470 NATURAL SYSTEMS PROTECTION AND MANAGEMENT. 19
62- 40.473 MINIMUM FLOWS AND LEVELS. 19
62- 40.475 PROTECTION MEASURES FOR SURFACE WATER RESOURCES 20
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62- 40.510 FLORIDA WATER PLAN. 21
PART V
WATER PROGRAM DEVELOPMENT
62- 40.520 DISTRICT WATER MANAGEMENT PLANS 22
62- 40.530 DEPARTMENT REVIEW OF DISTRICT WATER MANAGEMENT PLANS 24
62- 40.540 WATER DATA 24
PART VI
WATER PROGRAM ADMINISTRATION AND EVALUATION
62- 40.610 REVIEW AND APPLICATION. 25
I �
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PART I
GENERAL WATER POLICY
62- 40.110 Declaration and Intent.
(1) The waters of the state are among its basic resources. Such waters
should be managed to conserve and protect natural resources and scenic beauty and
to realize the full beneficial use of the resource. Recognizing the importance of water
to the state, the Legislature passed the Water Resources Act, Chapter 373, Florida
Statutes, and the Air and Water Pollution Control Act, Chapter 403, Florida Statutes.
Additionally, numerous goals and policies within the State Comprehensive Plan,
Chapter 187, Florida Statutes, address water resources and natural systems protection.
(2) This Chapter is intended to provide water policy goals, objectives, and
guidance for the development and review of programs, rules, and plans relating to
water resources, as expressed in Chapters 187, 373, and 403, Florida Statutes.
(3) These policies shall be construed as a whole and no individual policy
shall be construed or applied in isolation from other policies. All constructions of this
Chapter shall give meaning to all parts of the rule when possible.
(4) Notwithstanding the incorporation of other Department rules in Rule 62-
40.120, F.A.C., this Chapter shall not constitute standards or criteria for decisions on
individual permits.
(5) A goal of this Chapter is coordinate the management of water and
related land resources. Local governments shall consider state water policy in the
development of their comprehensive plans as required by Chapter 163, Florida
Statutes, and as required by Section 403.0891(3)(a), F.S. Special districts which
manage water shall consider state water policy in the development of their plans and
programs. The Legislature has also expressed its intent, in Section 373.0395, F.S.,
that future growth and development planning reflect the limitations of available ground
water and other water supplies.
(6) It is an objective of the State to protect the functions of entire ecological
systems, as developed and defined in the programs, rules, and plans of the
Department and water management districts.
(7) Government services should be provided efficiently. Inefficiency resulting
from duplication of permitting shall be eliminated where appropriate, including water
quality and water quantity permitting functions.
(8) Public education, awareness, and participation shall be encouraged. The
Department and Districts should assist educational institutions in the development of
educational curricula and research programs which meet Florida's present and future
water management needs.
(9) This Chapter does not repeal, amend or otherwise alter any rule now t;
existing or later adopted by the Department or Districts. However, procedures are
included in this Chapter which provide for the review of Department and District plans,
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programs, and rules to assure consistency with the provisions of this Chapter. The
procedure for modification of District rules as requested by the Department shall be as
prescribed in Section 373.114, F.S. and applicable provisions of this Chapter.
(10) It is the intent of the Department, in cooperation with the Water
Management Districts, to seek adequate sources of funding to supplement District ad
valorem taxes to implement the provisions of this Chapter.
Specific Authority 373.026(10), 373.043, 373.171, 403.061(33), 403.073, FS.
Law Implemented 373.016, 373.114, 403.061(33), 403.073, 403.0891, FS., Ch. 93-
213, s.2, 1993 Fla. Laws 1652, 1654.
History -- New 5 -5 -81, Formerly 17- 40.01, Amended 12 -5 -88, Formerly 17- 40.001,
Amended 8- 14 -90, 12- 17 -91, Formerly 17- 40.110, Amended 7- 20 -95.
62- 40.120 Department Rules.
State water policy shall also include the following Department rules:
(1) Water Quality Standards, Chapter 62 -3, F.A.C.
(2) Surface Water Quality Standards, Chapter 62 -302, F.A.C.
(3) Surface Water Improvement and Management, Chapter 62 -43, F.A.C.
(4) Ground Water Classes, Standards, and Exemptions, Chapter 62 -520,
F.A.C.
(5) Drinking Water Standards, Monitoring, and Reporting, Chapter 62 -550,
F.A.C.
Specific Authority 373.026(7), 373.026(10), 373.043, 403.061(33), 403.805, 403.861,
FS.
Law Implemented 373.016, 373.114, 403.061(33), 403.853, 403.0891, FS.
History -- New 8- 14 -90, Formerly 17- 40.120, Amended 7- 20 -95.
PART II
DEFINITIONS
62- 40.210 Definitions.
When used in this Chapter and in the review of rules of the Districts pursuant to
Section 373.114(2), F.S., unless the context or content of such District rule requires a
narrower, more specific meaning, the following words shall mean:
(1) "Aquifer" shall mean a geologic formation, group of formations, or part of
a formation that contains sufficient saturated permeable material to yield useful
quantities of ground water to wells, springs or surface water.
(2) "Consumptive use" means any use of water which reduces the supply
from which it is withdrawn or diverted.
(3) "Department" means the Department of Environmental Protection.
(4) "Detention" means the delay of stormwater runoff prior to its discharge.
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(5) "District" means a Water Management District created pursuant to
Chapter 373, Florida Statutes.
(6) "District Water Management Plan" means the long -range comprehensive
water resource management plan prepared by a District.
(7) "Drainage basin" means a subdivision of a watershed.
(8) "Effluent ", unless specifically stated otherwise, means water that is not
reused after flowing out of any wastewater treament facility or other works used for the
purpose of treating, stabilizing, or holding wastes.
(9) "Floodplain" means land area subject to inundation by flood waters from a
river, watercourse, lake, or coastal waters. Floodplains are delineated according to
their estimated frequency of flooding.
(1 0) "Florida Water Plan" means the State Water Use Plan, together with the
water quality standards and water classifications adopted by the Department.
(11) "Governing Board" means the governing board of a water management
district.
(12) "Ground water" means water beneath the surface of the ground, whether
or not flowing through known and definite channels.
(13) "Ground water availability" means the potential quantity of ground water
which can be withdrawn without resulting in significant harm to the water resources or
associated natural systems.
(14) "Ground water basin" means a ground water flow system that has defined
boundaries and may include permeable materials that are capable of storing or
furnishing a significant water supply. The basin includes both the surface area and the
permeable materials beneath it.
(15) "High recharge areas" means areas contributing significant volumes of
water which add to the storage and flow of an aquifer through vertical movement from
the land surface. The term significant will vary geographically depending on the
hydrologic characteristics of that aquifer. i
(16) "Natural systems" for the purpose of this rule means an ecological system
supporting aquatic and wetland- dependent natural resources, including fish and
aquatic and wetland- dependent wildlife habitat.
(17) "Nutrient limitations" means those numeric values which establish a
maximum or minimum allowable nutrient loading or concentration, as appropriate, for a
specific nutrient. Nutrient limitations are established through an individual permit or
other action within the regulatory authority of the Department or a District. These
limitations serve to implement state water quality standards.
(18) "Pollutant Toad reduction goal" means estimated numeric reductions in
pollutant loadings needed to preserve or restore designated uses of receiving bodies of
water and maintain water quality consistent with applicable state water quality
standards.
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(19) "Prime recharge areas" means areas that are generally within high
recharge areas and are significant to present and future ground water uses including
protection and maintenance of natural systems and water supply.
(20) "Reasonable- beneficial use" means the use of water in such quantity as is
necessary for economic and efficient utilization for a purpose and in a manner which is
both reasonable and consistent with the public interest.
(21) "Reclaimed water" means water that has received at least secondary
treatment and is reused after flowing out of a domestic wastewater treatment facility.
(22) "Retention" means the prevention of stormwater runoff from direct
discharge.
(23) "Reuse" means the deliberate application of reclaimed water, in
compliance with Department and District rules, for a beneficial purpose.
(a) For example, said uses may encompass:
1. Landscape irrigation (such as irrigation of golf courses, cemeteries,
highway medians, parks, playgrounds, school yards, retail nurseries, and residential
properties);
2. Agricultural irrigation (such as irrigation of food, fiber, fodder and seed
crops, wholesale nurseries, sod farms, and pastures);
3. Aesthetic uses (such as decorative ponds and fountains);
4. Groundwater recharge (such as slow rate, rapid -rate, and absorption field
land application systems) but not including disposal methods described in Rule 62-
40.210(23)(b), F.A.C.;
5. Industrial uses (such as cooling water, process water, and wash waters);
)
6. Environmental enhancement of surface waters resulting from discharge of
reclaimed water having received at least advanced wastewater treatment or from
discharge of reclaimed water for wetlands restoration;
7. Fire protection; or
8. Other useful purpose.
(b) Overland flow land application systems, rapid -rate land application
systems providing continuous loading to a single percolation cell, other land application
systems involving less than secondary treatment prior to application, septic tanks, and
groundwater disposal systems using Class I wells injecting effluent or wastes into Class
G -IV waters shall be excluded from the definition of reuse.
(24) "Secretary" means the Secretary of the Department of Ennvironmental
Protection.
(25) "State water quality standards" means water quality standards adopted by
the Environmental Regulations Commission pursuant to Chapter 403, Florida Statutes,
including standards composed of designated most beneficial uses (classification of
waters), the numerical and narrative criteria applied to the specific water use or
classification, the Florida anti - degradation policy, and the moderating provisions
contained in Rules 62 -3, 62 -4, 62 -302, 62 -520, and 62 -550, F.A.C.
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(26) "State Water Use Plan" means the plan formulated pursuant to Section
373.036, Florida Statutes, for the use and development of waters of the State.
(27) "Stormwater" means the water which results from a rainfall event.
(28) "Stormwater management program" means the institutional strategy for
stormwater management, including urban, agricultural, and other stormwater.
(29) "Stormwater management system" means a system which is designed
and constructed or implemented to control stormwater, incorporating methods to
collect, convey, store, absorb, inhibit, treat, use, or reuse stormwater to prevent or
reduce flooding, over - drainage, environmental degradation and water pollution or
otherwise affect the quantity and quality of discharges from the system.
(30) "Stormwater utility" means the entity through which funding for a
stormwater management program is obtained by assessing the cost of the program to
the beneficiaries based on their relative contribution to its need. It is operated as a
typical utility which bills services regularly, similar to water and wastewater services.
(31) "Surface water" means water upon the surface of the earth, whether
contained in bounds created naturally or artificially or diffused. Water from natural
springs shall be classified as surface water when it exits from the spring onto the
earth's surface.
(32) "Surface water availability" means the potential quantity of surface water
that can be removed or retained without significant harm to the water resources or
associated natural systems.
(33) "Water resource caution area" means a geographic area identified by a
water management district as having existing water resource problems or an area in
which water resource problems are projected to develop during the next twenty years.
A critical water supply problem area, as described in Section 403.064, F.S., is an
example of a water resource caution area.
(34) "Water" or "waters in the state" means any and all water on or beneath
the surface of the ground or in the atmosphere, including natural or artificial
watercourses, lakes, ponds, or diffused surface water and water percolating, standing,
or flowing beneath the surface of the ground, as well as all coastal waters within the
jurisdiction of the state.
(35) "Watershed" means the land area which contributes to the flow of water
into a receiving body of water.
(36) "Watershed management goal" means an overall goal for the
management of water resources within a watershed.
(37) "Wetlands" means those areas that are inundated or saturated by surface
or ground water with a frequency sufficient to support, and under normal circumstances
do or would support, a prevalence of vegetative or aquatic life that requires saturated
or seasonably saturated soil conditions for growth and reproduction, such as swamps,
marshes, bayheads, cypress ponds, sloughs, wet prairies, wet meadows, river
overflows, mud flats and natural ponds. This definition does not alter the Department's
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jurisdiction over dredging and filling activities in wetlands as defined in Section
403.911(7), F.S.
Specific Authority 373.026(7), 373.026(10), 373.0391, 373.0395, 373.043, 373.418,
403.061(33), 403.805, FS.
Law Implemented 370.013, 373.016, 373.026(7), 373.036, 373.0391, 373.0395,
373.042, 373.114, 373.175, 373.223, 373.4135, 373.414, 373.418, 373.451,
377.371(1), 403.061(34), 403.0615(3), 403.064, 403.0891, FS., Ch. 93 -213, sec. 2,
Laws of Florida, Ch. 93 -213, s.29, 1993 Fla. Laws.
History -- New 5 -5 -81, Formerly 17- 40.02, Amended 12 -5 -88, Formerly 17- 40.020,
Amended 8- 14 -90, 12- 17 -91, Formerly 17- 40.210, Amended 7- 20 -95.
PART Ill
GENERAL PROVISIONS
62- 40.310 General Policies.
The following statement of general water policy shall guide Department review of
water management programs, rules, and plans. Water management programs, rules
and plans, where economically and environmentally feasible, not contrary to the public
interest, and consistent with Florida law, shall seek to:
(1) Water Supply
(a) Assure availability of an adequate and affordable supply of water for all
reasonable - beneficial uses. Uses of water authorized by a permit shall be limited to
reasonable - beneficial uses.
(b) Reserve from use that water necessary to support essential non -
withdrawal demands, including navigation, recreation, and the protection of fish and
wildlife.
(c) Champion and develop sound water conservation practices and public
information programs.
(d) Advocate and direct the reuse of reclaimed water as an integral part of
water and wastewater management programs, rules, and plans consistent with
protection of the public health and surface and ground water quality.
(e) Encourage the use of water of the lowest acceptable quality for the
purpose intended.
(f) Encourage the development of local and regional surface and ground
water supplies within districts rather than transfer water across District boundaries.
(g) Encourage demand management and the development of alternative
water supplies, including water conservation, reuse of reclaimed water, desalination,
stormwater and industrial wastewater reuse, recharge, and aquifer storage and
recovery.
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(h) Protect aquifers from depletion through water conservation and
preservation of the functions of high recharge areas.
(2) Water Quality Protection and Management
(a) Restore and protect the quality of ground and surface water by solving
current problems and ensuring high quality treatment for stormwater and wastewater.
(b) Identify existing and future public water supply areas and protect them
from contamination.
(3) Flood Protection and Floodplain Protection
(a) Encourage nonstructural solutions to water resource problems and give
adequate consideration to nonstructural alternatives whenever structural works are
proposed.
(b) Manage the construction and operation of facilities which dam, divert, or
otherwise alter the flow of surface waters to minimize damage from flooding, soil
erosion or excessive drainage.
(c) Encourage the management of floodplains and other flood hazard areas
to prevent or reduce flood damage, consistent with establishment and maintenance of
desirable hydrologic characteristics and associated natural systems.
(d) Encourage the development and implementation of a strict floodplain
management program by state, regional, and local governments designed to preserve
floodplain functions and associated natural systems.
(e) Avoid the expenditure of public funds that encourage or subsidize
incompatible new development or significant expansion of existing development in
high- hazard flood areas.
(f) Minimize flood - related emergencies, human disasters, loss of property,
and other associated impacts.
(4) Natural Systems Protection and Management
(a) Establish minimum flows and levels to protect water resources and the
environmental values associated with marine, estuarine, freshwater, and wetlands
ecology.
(b) Mitigate adverse impacts resulting from prior alteration of natural
hydrologic patterns and fluctuations in surface and ground water levels.
(c) Utilize, preserve, restore, and enhance natural water management
systems and discourage the channelization or other alteration of natural rivers, streams
and lakes.
(5) Management Policies
(a) Protect the water storage and water quality enhancement functions of
wetlands, floodplains, and aquifer recharge areas through acquisition, enforcement of
laws, and the application of land and water management practices which provide for
compatible uses.
(b) Emphasize the prevention of pollution and other water resource problems.
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(c) Develop interstate agreements and undertake cooperative programs with
Alabama and Georgia to provide for coordinated management of surface and ground
waters.
Specific Authority 373.026(10), 373.036, 373.043, 403.061(33), 403.0891, FS.
Law Implemented 373.013, 373.016, 373.026(7), 373.036, 373.0391, 373.042,
373.043, 373.084, 373.085, 373.103(4), 373.114, 373.171, 373.175, 373.223, 373.413,
373.4135, 373.414, 373.418, 373.451, 377.371(1), 403.061(34), 403.0615(3), 403.064,
403.0891, FS., Ch. 93 -213, sec. 2, Laws of Florida.
History -- New 7 -1 -81, Formerly 17- 40.03, Amended 12 -5 -88, Formerly 17- 4.030,
Amended 8- 13 -90, 12- 17 -91, Formerly 17- 40.310, Amended 7- 20 -95.
PART IV
RESOURCE PROTECTION AND MANAGEMENT
62- 40.401 Water Use and Reuse. (Repealed)
Specific Authority 373.026, 373.043, FS.
Law Implemented 187.101(3), 373.016, 373.0391(2)(e), Part II of Ch. 373, 403.064,
FS.
History -- New 5 -5 -81. Amended 2 -4 -82, Formerly 17- 40.04, Amended 12 -5 -88.
Formerly 17- 40.040, Amended 8- 14 -90, 12- 17 -91, Formerly 17- 40.401, Repealed
7- 20 -95.
62- 40.410 Water Supply Protection and Management.
The following shall apply to those areas where the use of water is regulated
pursuant to Part II of Chapter 373, Florida Statutes:
(1) No permit shall be granted to authorize the use of water unless the
applicant establishes that the proposed use is a reasonable - beneficial use, will not
interfere with presently existing legal uses of water and is consistent with the public
interest.
(2) In determining whether a water use is a reasonable - beneficial use, the
following factors will be considered:
(a) The quantity of water requested for the use;
(b) The demonstrated need for the use;
(c) The suitability of the use to the source of water;
(d) The purpose and value of the use;
(e) The extent and amount of harm caused;
(f) The practicality of mitigating any harm by adjusting the quantity or method
of use;
(g) Whether the impact of the withdrawal extends to land not owned or legally
controlled by the user;
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(h) The method and efficiency of use
(i) Water conservation measures taken or available to be taken; z
(j) The feasibility of alternative sources such as reclaimed water, stormwater,
brackish water and salt water;
(k) The present and projected demand for the source of water;
(I) The long -term yield available from the source of water;
(m) The extent of water quality degradation caused;
(n) Whether the proposed use would cause or contribute to flood damage;
(o) Whether the proposed use would significantly induce saltwater intrusion;
(p) The amount of water which can be withdrawn without causing harm to the
resource;
(q) Whether the proposed use would adversely affect public health; and
(r) Whether the proposed use would significantly affect natural systems. I
(3) Water may be reserved from permit use in such locations and quantities, 4
and for such seasons of the year, as is required for the protection of fish and wildlife or
k
the public health or safety. Such reservations shall be subject to periodic review and I
revision in Tight of changed conditions. However, all presently existing legal users of
water shall be protected so long as such use is not contrary to the public interest. I,'
(4) Water use shall not be allowed to exceed ground water availability or
surface water availability. If either is exceeded, the Districts shall expeditiously
implement a remedial program. The remedial program shall consider options such as I
designation of a water resource caution area, declaration of a water shortage,
development of water resource projects, regulation of consumptive water users, or
other options consistent with this chapter and Chapter 373, F.S. r
(5) In implementing consumptive use permitting programs, the Department
and the Districts shall recognize the rights of property owners, as limited by law, to
make consumptive uses of water from their land, and the rights of other users, as
limited by law, to make consumptive uses of water, for reasonable - beneficial uses in a
manner consistent with the public interest that will not interfere with any presently t
existing legal use of water. ;;
(6) Permits authorizing consumptive uses of water which cause unanticipated
significant adverse impacts on off -site land uses existing at the time of permit
application, or on legal uses of water existing at the time of permit application, should t'
be considered for modification, to curtail or abate the adverse impacts, unless the s `
impacts can be mitigated by the permittee. ¢ '
(7) The Districts shall determine whether Section 373.233, F.S., entitled
"Competing Applications ", and implementing rules, are applicable to pending k '
applications.
(8) Any reallocation of an existing permitted quantity of water shall be
reviewed by the District and shall be subject to full compliance with the applicable
permitting criteria of the District.
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Specific Authority 373.026, 373.043, 373.171, 403.061(33), FS.
Law Implemented 373.016, 373.0391(2)(e), 373.042, Part II of Ch. 373, 403.064, FS.
History -- New 7- 20 -95.
62- 40.412 Water Conservation.
(1) The overall water conservation goal of the state shall be to prevent and
reduce wasteful, uneconomical, impractical, or unreasonable use of water resources.
Conservation of water shall be required unless not economically or environmentally
feasible. The Districts should accomplish this goal by assisting local and regional
governments and other parties, in addition to the assistance required under section
373.0391 of the Florida Statutes, "in the development and future revision of local
government comprehensive plan elements or public facilities report as required by s.
189.415," in designing and formulating additional plans and programs to conserve
water to meet their long -term needs, including incentives such as longer term or more
flexible permits, economic incentives, and greater certainty of supply during water
shortages.
(2) Districts shall further accomplish this water conservation goal by:
(a) Establishing efficiency standards for urban, industrial, and agricultural
demand management, which standards may include the following: g.
1. Restrictions against inefficient irrigation practices;
2. Imposing year -round restrictions, which may include variances or
(Ity exemptions, on particular irrigation activities or irrigation sources, and which shall use a
uniform time period of 10:00 a.m. to 4:00 p.m.;
3. Minimizing unaccounted -for water losses;
4. Promoting water - conserving rate structures; and
5. Water - conserving plumbing fixtures, xeriscape, and rain sensors.
(b) Maintaining public information and education programs for long- and
short water conservation goals;
(c) Executing provisions to implement the above criteria and to consistently
apply water shortage restrictions between those Districts whose boundaries contain
political jurisdictions located in more than one District.
Specific Authority 373.026, 373.043, 403.061(33), FS.
{
Law Implemented 373.171, 373.175, 373.185, 373.196, 373.1961, FS.
History -- New 7- 20 -95, Amended 1 -7 -97.
62- 40.416 Water Reuse.
(1) Section 373.0391(2)(e), F.S., requires that the Districts shall designate
areas that have water supply problems which have become critical or are anticipated to }'
become critical within the next 20 years. The Districts shall identify such water resource
caution areas during preparation of a District Plan pursuant to Rule 62- 40.520, F.A.C.,
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and shall adopt and amend these designations periodically as set forth in this section
and as required under section 120.54 of the Florida Statutes. t
(2) In implementing consumptive use permitting programs, a reasonable
amount of reuse of reclaimed water shall be required within designated water resource
caution areas, unless objective evidence demonstrates that such reuse is not t
economically, environmentally, or technically feasible.
(3) The Districts shall periodically update their designations of water resource t
caution areas. Such updates shall occur within one year after updates of the District
Plan prepared pursuant to Rule 62- 40.520, F.A.C. After completion of the District Plan
or updates pursuant to Rule 62- 40.520, F.A.C., the Districts may limit areas where
reuse shall be required to areas where reuse is specified as a remedial or preventive
action pursuant to Rule 62- 40.520, F.A.C.
(4) In implementing consumptive use permitting programs, a reasonable t
amount of reuse of reclaimed water from domestic wastewater treatment facilities may I
be required outside of areas designated pursuant to Rule 62- 40.416(1), F.A.C., as 1
subject to water supply problems, provided: I
(a) Reclaimed water is readily available;
(b) Objective evidence demonstrates that such reuse is economically, t
environmentally, and technically feasible; and
(c) The District has adopted rules for reuse in t
these areas.
C (5) The Department encourages local governments to implement programs
for reuse of reclaimed water. The Districts are encouraged to establish incentives for
local governments and other interested parties to implement programs for reuse of t
reclaimed water. These rules shall not be deemed to pre -empt any such local reuse t
programs. k
Specific Authority 373.026, 373.043, 403.061(33), FS.
Law Implemented 187.101(3), 373.016, 373.023(1), 373.0391(2)(e), Part I I of Ch. 373,
403.064, FS.
History -- New 7- 20 -95, Amended 1 -7 -97. t
62- 40.422 Interdistrict Transfer.
The following shall apply to the transfers of surface and ground water where
such transfers are regulated pursuant to Part II of Chapter 373, Florida Statutes: t
(1) The transfer or use of surface water across District boundaries shall t
require approval of each involved District. The transfer or use of ground water across
District boundaries shall require approval of the District where the withdrawal of ground
water occurs. t
(2) In deciding whether the transfer and use of surface water across District
boundaries is consistent with the public interest pursuant to Section 373.223, Florida
Statutes, the Districts should consider the extent to which:
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(a) Comprehensive water conservation and reuse programs are implemented 1
and enforced in the area of need;
(b) The major costs, benefits, and environmental impacts have been adequately
determined including the impact on both the supplying and receiving areas;
(c) The transfer is an environmentally and economically acceptable method
to supply water for the given purpose;
(d) The present and projected water needs of the supplying area are
reasonably determined and can be satisfied even if the transfer takes place;
(e) The transfer plan incorporates a regional approach to water supply and
distribution including, where appropriate, plans for eventual interconnection of water rt
supply sources; and
(f) The transfer is otherwise consistent with the public interest based upon
evidence presented.
(3) The interdistrict transfer and use of ground water must meet the
requirements of Section 373.2295, Florida Statutes.
Specific Authority 373.026, 373.043, 403.805, FS.
Law Implemented 373.016, Part II of Ch. 373, 403.061(33), FS.
History -- New 5 -5 -81, Formerly 17- 40.05, 17- 40.050, 17- 40.402, Amended 7- 20 -95.
r:
62- 40.430 Water Quality.
Cr (1) Water quality standards shall be enforced pursuant to Chapter 403,
Florida Statutes, to protect waters of the State from point and non -point sources of
pollution. q
(2) State water quality standards adopted by Department rule shall be a part
of the Florida Water Plan.
Specific Authority 403.061, 373.026, 373.043, 403.805, FS. i '
Law Implemented 373.039, 403.021, FS.
History -- New 5 -5 -81. Formerly 17- 40.06, 17- 40.060, 17- 40.403, 17- 40.430. t
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62- 40.432 Surface Water Protection and Management.
(1) Surface Water Protection and Management Goals.
The following goals are established to provide guidance for Department, District and
local government stormwater management programs:
(a) It shall be a goal of surface water management programs to protect,
preserve and restore the quality, quantity and environmental values of water resources.
A goal of surface water management programs includes effective stormwater I
management for existing and new systems which shall seek to protect, maintain and
restore the functions of natural systems and the beneficial uses of waters. I
(b) The primary goals of the state's stormwater management program are to
maintain, to the maximum extent practicable, during and after construction and
development, the pre - development stormwater characteristics of a site; to reduce
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stream channel erosion, pollution, siltation, sedimentation and flooding; to reduce
stormwater pollutant loadings discharged to waters to preserve or restore beneficial
uses; to reduce the Toss of fresh water resources by encouraging the reuse of
stormwater; to enhance ground water recharge by promoting infiltration of stormwater in I
areas with appropriate soils and geology; to maintain the appropriate salinity regimes in r
estuaries needed to support the natural flora and fauna; and to address stormwater
management on a watershed basis to provide cost effective water quality and water
quantity solutions to specific watershed problems.
(c) Inadequate management of stormwater throughout a watershed increases
stormwater flows and velocities, contributes to erosion and sedimentation, overtaxes
the carrying capacity of streams and other conveyances, disrupts the functions of
x
natural systems, undermines floodplain management and flood control efforts in
downstream communities, reduces ground water recharge, threatens public health and (
safety, and is the primary source of pollutant loading entering Florida's rivers, lakes
and estuaries, thus causing degradation of water quality and a Toss of beneficial uses.
Accordingly, it is a goal to eliminate the discharge of inadequately managed stormwater
into waters and to minimize other adverse impacts on natural systems, property and I
public health, safety and welfare caused by improperly managed stormwater. (
(d) It shall be a goal of stormwater management programs to reduce
unacceptable pollutant loadings from older stormwater management systems,
constructed before the adoption of Chapter 62 -25, F.A.C., (February 1, 1982), by j
CV developing watershed management and stormwater master plans or District -wide or
basin specific rules. f
(e) The concept of developing comprehensive watershed management plans
in designated watersheds is intended not only to prevent existing environmental, water
quantity, and water quality problems from becoming worse but also to reduce existing ;
flooding problems, to improve existing water quality, and to preserve or restore the
values of natural systems. + (
(2) Watershed management goals shall be developed by the District for all
watersheds within the boundaries of each District and shall be consistent with the
Surface Water Improvement and Management (SWIM) program and the EPA National
Pollution Discharge Elimination System (NPDES) program. Watershed management '.
goals shall be included in the District Water Management Plans.
(3) Stormwater Management Program Implementation.
As required by Section 403.0891, F.S., the Department, Districts and local
t
governments shall cooperatively implement on a watershed basis a comprehensive r
stormwater management program designed to minimize the adverse effects of
stormwater on land and water resources. All such programs shall be mutually
compatible with the State Comprehensive Plan (Chapter 187, Florida Statutes), the
Local Government Comprehensive Planning and Land Development Regulation Act
(Chapter 163, Florida Statutes), the Surface Water Improvement and Management Act
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(Sections 373.451 - .4595, F.S.), Chapters 373 and 403, F.S., and this chapter.
Programs shall be implemented in a manner that will improve and restore the quality of
waters that do not meet state water quality standards and maintain the water quality of t
those waters which meet or exceed state water quality standards.
(a) The Department shall be the lead agency responsible for coordinating the
statewide stormwater management program by establishing goals, objectives and
guidance for the development and implementation of stormwater management
programs by the Districts and local governments. The Department shall implement the it
state's stormwater management program in Districts which do not have the economic
and technical resources to implement a comprehensive stormwater and surface water
management program.
(b) The Districts which have implemented a comprehensive stormwater and i
surface water management program shall be the chief administrators of the state
stormwater management program. The Department or the Districts, where appropriate, s
shall set regional stormwater management goals and policies on a watershed basis, 3
including watershed stormwater pollutant load reductions necessary to preserve or
restore beneficial uses of receiving waters. For water bodies which fully attain their
designated use and meet the applicable state water quality standards, the pollutant
load reduction goal shall be zero. Such goals and policies shall be implemented r
through District SWIM plans, through preparation of watershed management plans in
other designated priority watersheds and through appropriate regulations.
(c) Local governments shall establish stormwater management programs which
are in accordance with the state and District stormwater quality and quantity goals. i;
Local governments may establish a stormwater utility or other dedicated source of
funding to implement a local stormwater management program which shall include the
development and implementation of a stormwater master plan and provisions, such as k
an operating permit system, to ensure that stormwater systems are properly operated r
aid maintained.
(d) Section 189.4155 of the Florida Statutes requires that special districts,
such as water control districts created under chapter 298 of the Florida Statutes, must
be consistent with the applicable local government comprehensive plan adopted under f
Part II, chapter 163 of the Florida Statutes, in the construction and expansion of public
facilities, or in a major alteration which affects the quantity or quality of the level of
service of a public facility. In order to be consistent with the goals and objectives of s
state water policy, any water control district created pursuant to Chapter 298, F.S., or
special act, and other special districts as defined in Section 189.403(1), F.S., which
have water management powers shall:
1. Be consistent with Department and district stormwater quality and quantity
I
goals for the construction and expansion of water control and related facilities.
2. Operate existing water control and related facilities consistent with
applicable Department and district stormwater quality and quantity goals. Any
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modification or alteration of existing water control and related facilities shall be
consistent with Department and district stormwater quality and quantity goals.
(4) Surface Water Management. The following shall apply to the regulation }`
of surface water pursuant to Part IV, Chapter 373, Florida Statutes. 5'
(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 l
objectives of the Department or District, consideration should be given to:
1. The impact of the facilities on: i
a. water quality; a;
b. fish and wildlife; t
c. wetlands, floodplains, estuaries, and other environmentally sensitive
lands;
d. reasonable - beneficial uses of water; I
e. recreation; 1
f. navigation;
g. saltwater or pollution intrusion, including any barrier line established
pursuant to Section 373.033, F.S.;
h. minimum flows and levels established pursuant to Section 373.042, F.S.;
and 1
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 t
damage to off -site property, water resources, natural systems or the public caused by
a. loodplain development, encroachment or other alteration; E
b. retardance, acceleration or diversion of flowing water;
c. reduction of natural water storage areas;
d. facility failure; or
e. other actions adversely affecting off-site water flows or levels.
(5) Minimum Stormwater Treatment Performance Standards. i
(a) When a stormwater management system complies with rules establishing E
the design and performance criteria for stormwater management systems, there shall ,
be a rebuttable presumption that such systems will comply with state water quality
standards. The Department and the Districts, pursuant to Section 373.418, F.S., shall,
when adopting rules pertaining to stormwater management systems, specify design and
performance criteria for new stormwater management systems which:
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1. Shall be designed to achieve at least 80 percent reduction of the average
annual Toad of pollutants that would cause or contribute to violations of state water
quality standards.
2. Shall be designed to achieve at least 95 percent reduction of the average
annual Toad of pollutants that would cause or contribute to violations of state water °`
quality standards in Outstanding Florida Waters.
3. The minimum treatment levels specified in subparagraphs 1. and 2. above
may be replaced by basin specific design and performance criteria adopted by a t
District in order to achieve the pollutant load reduction goals established in paragraph
(c).
(b) Erosion and sediment control plans detailing appropriate methods to
retain sediment on -site shall be required disturbing uired for land disturbin activities. ' `;
(c) The pollutant loading from older stormwater management systems shall.'�;
be reduced as necessary to restore or maintain the beneficial uses of waters. The
Districts shall establish pollutant load reduction goals and adopt them as part of a °=
SWIM plan, other watershed management plan, or District -wide or basin specific rules.
(d) Watershed specific stormwater pollutant load reduction goals shall be
developed for older stormwater management systems on a priority basis as follows:
1. The Districts shall include in adopted SWIM Plans numeric estimates of
the level of pollutant load reduction goals anticipated to result from planned corrective (
actions included in the plan. (
a. For SWIM water bodies with plans originally adopted before January 1,
1992, these estimates shall be established before December 31, 1994. i
b. For SWIM water bodies with plans originally adopted after January 1,
1992, these estimates shall be established within three years of the plan's original I
adoption date. t
2. Each District shall develop water body specific pollutant load reduction 1;
goals for non -SWIM water bodies on a priority basis according to a schedule provided (
in the District Water Management Plan. The list of water bodies and the schedule shall t
be developed by each District, giving priority consideration to water bodies that receive
discharges from stormwater management systems that are required to obtain a NPDES
municipal stormwater discharge permit.
3. The Districts shall consider economic, environmental, and technical t ',
factors in implementing programs to achieve pollutant load reduction goals. These ''
goals shall be considered in local comprehensive plans submitted or updated in r (
accordance with Section 403.0891(3)(a), F.S.
i
Specific Authority 373.026, 373.043, 373.418, 403.061, 403.087, FS. ('
Law Implemented 163.3161- 163.3243, 186, 187, 373.016, 373.046, 373.114, Part IV of
Y
Ch. 373, 403.061, 403.0891, FS.
History -- New 2- 20 -91, Formerly 17- 40.420, 17- 40.432, Amended 7- 20 -95, 1 -7 -97. t
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62- 40.450 Flood Protection.
Flood protection shall be implemented within the context of other interrelated t
water management responsibilities. Florida will continue to be dependent on some I
structural water control facilities constructed in the past, and new structural facilities t
may sometimes be unavoidable in addressing existing and future flooding or other
other water - related problems. The Department and the Districts shall promote (
nonstructural flood protection strategies.
(1) Flood Protection Responsibilities
(a) Local governments have the primary responsibility for regulating land use,
enforcing construction criteria for flood prone areas, establishing local stormwater
management levels of service, constructing and maintaining local flood control i'
facilities, and otherwise preventing flood damages to new and existing development.
(b) District flood protection responsibilities relate primarily to serving regional
water conveyance and storage needs. Districts have the authority to plan, construct,
and operate water control facilities, as well as regulate discharges into works of the
District or facilities controlled by the District.
(c) Rules adopted under Part IV of Chapter 373, F.S., shall require that
appropriate precautions be taken to protect public health and safety in the event of k
failure of any water control structures, such as pumps and levees.
(d) Department and District programs shall discourage siting of incompatible '
public facilities in floodplains and flood prone areas wherever possible. Where no
Ico feasible alternative exists to siting an incompatible public facility in a floodplain or flood I
prone Area the facility shall be designed to minimize flood damage risks and adverse
impacts on natural flood detention and conveyance capabilities.
(e) Each District shall clearly define in its District Water Management Plan, in t
basin specific plans, or rules, the District's responsibilities related to flood emergencies,
including its mechanisms for coordinating with emergency response agencies.
(2) District Facilities
(a) District water control facilities shall be operated and maintained in
accordance with established plans or schedules.
(b) Districts shall assess the design characteristics and operational practices !°
of existing District water control facilities to ascertain opportunities for minimizing 3
adverse impacts on water resources and associated natural systems. Where feasible,
facility design modifications or operational changes shall be implemented to enhance
natural systems or fulfill other water management responsibilities.
i
Specific Authority 373.026(10), 373.043, 373.171, 373.418, 403.061(33), FS.
Law Implemented 373.016, 373.026, 373.036, 373.0391, 373.042, 373.086(1),
373.175, 373.223(3), 373.413, 373.4135, 373.414, 373.416, 373.418, 373.423,
373.429, 373.451, 377.371(1), 403.061(34), 403.0615(3), 582.05, FS., Ch. 93 -213,
sec. 2, Laws of Florida. History -- New 7- 20 -95.
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62- 40.458 Floodplain Protection. I
(1) The Department and the Districts shall provide leadership to protect and
enhance the beneficial values of floodplains. This shall include active coordination with 1
local governments, special districts, and related programs of federal agencies, the t
Department of Community Affairs, and the Department of Health and Rehabilitative
Services. Nothing in this section is intended to diminish the Department's and District's
responsibilities regarding flood protection. k
(a) The Department and the Districts shall pursue development of adequate i `
floodplain protection information, including: E
1. District determination of flood levels for priority floodplains. At a i '
minimum, this shall include the 100 -year flood level, with other flood levels to be
1
determined where needed for watershed - specific management purposes. Districts are
encouraged to determine the 10 -year flood level for the purpose of assisting the
Department of Health and Rehabilitative Services to regulate septic tanks in floodplains
pursuant to Section 10D- 6.0471, F.A.C.
2. Identification of floodplains with valuable natural systems for potential
acquisition.
3. Identification of floodplain areas having potential for restoration of natural
flow regimes.
(b) The Department and the Districts shall develop jointly a comprehensive 1
system of coordinated planning, management, and acquisition to protect and, where i
C feasible, enhance floodplain functions and associated natural systems in floodplains.
This system shall include implementation of policies and programs to:
1. Acquire and maintain valuable natural systems in floodplains.
i
2. Protect the natural water storage and water conveyance capabilities of i
floodplains. t
3. Where feasible, enhance or restore natural flow regimes of rivers and
It
watercourses that have been altered for water control purposes. t
(c) District regulatory programs shall minimize incompatible activities in
floodplains. For regulated floodplains, each District, at a minimum, shall ensure that
such activities:
1. Will not result in significant adverse effects on surface and ground water
levels and surface water flows.
2. Will not result in significant adverse impacts to existing surface water 1
storage and conveyance capabilities of the floodplain. 1;
3. Will not result in significant adverse impacts to the operation of District
facilities. i
4. Will assure that any surface water management facilities associated with
the proposed activity will be capable of being effectively operated and maintained. i
5. Will not cause violations of water quality standards in receiving waters. a.
6. Will not otherwise be harmful to water resources.
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(2) Each District shall provide to local governments and water control districts
available information regarding floodplain delineation and floodplain functions and (;
associated natural systems, and assist in developing effective measures to manage
floodplains consistently with this Chapter. t
Specific Authority 373.026(10), 373.043, 373.171, 373.418, 403.061(33), FS.
Law Implemented 373.026, 373.036, 373.0391, 373.042, 373.086(1), 373.175, 1
373.223(3), 373.413, 373.4135, 373.414, 373.416, 373.418, 373.423, 373.429, k
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373.451, 377.371(1), 403.061(34), 403.0615(3), 582.05, FS.
History: New 7- 20 -95. .
62- 40.470 Natural Systems Protection and Management.
Programs, plans, and rules to accomplish natural systems protection and I
management shall include rules to address adverse cumulative impacts, the
establishment of minimum flows and levels (Rule 62- 40.473, F.A.C.) and may include
protection measures for surface water resources (Rule 62- 40.475, F.A.C.). I
Specific Authority 373.026(10), 373.043, 403.061(33), FS. t`
Law Implemented 373.016(2), 373.026, 373.036(2), 373.0391, 373.042, 373.175,
373.223(3), 373.4135, 373.414, 373.418, 373.451, 377.371(1), 403.061(34), t,
403.0615(3), FS, Ch. 93 -213, sec. 2, Laws of Florida.
History -- New 7- 20 -95.
Col 62- 40.473 Minimum Flows and Levels.
(1) In establishing minimum flows and levels pursuant to Section 373.042,
consideration shall be given to the protection of water resources, natural seasonal
fluctuations in water flows or levels, and environmental values associated with coastal, i.
estuarine, aquatic, and wetlands ecology, including:
(a) Recreation in and on the water;
(b) Fish and wildlife habitats and the passage of fish; r.
(c) Estuarine resources; t
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(d) Transfer of detrital material; E '
(e) Maintenance of freshwater storage and supply;
(f) Aesthetic and scenic attributes;
(g) Filtration and absorption of nutrients and other pollutants;
(h) Sediment loads;
(i) Water quality; and y
(j) Navigation.
(2) Established minimum flows and levels shall be protected where relevant
I
to:
(a) The construction and operation of water resource projects;
(b) The issuance of permits pursuant to Part II, Part IV, and Section 373.086,
Florida Statutes; and
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(c) The declaration of a water shortage pursuant to Section 373.175 or k
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Section 373.246, Florida Statutes. e
(3) Each water management district shall advise the Secretary by January 1,
1995 of the date by which each District shall establish minimum flows and levels for
surface waterbodies within the District. Priority shall be given to establishment of
minimum flows and levels on waters which are located within: ,
(a) an Outstanding Florida Water;
(b) an Aquatic Preserve;
(c) an Area of Critical State Concern; or
(d) an area subject to Chapter 380 Resource Management Plans adopted by
rule by the Administration Commission, when the plans for an area include waters that y
are particularly identified as needing additional protection, which provisions are not t
inconsistent with applicable rules adopted for the management of such areas by the
Department and the Governor and Cabinet.
Specific Authority 373.026, 373.043, 403.061(33), 403.805, FS.
Law Implemented 373.016, 373.042, 373.086, 373.175, 373.223, 373.246, 373.413, ,,
FS.
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History -- New 5 -5 -81, Formerly 17- 40.08, Amended 12 -5 -88, Formerly 17- 40.080, 17-
40.405, 17- 40.473, Amended 7- 20 -95.
xi
62- 40.475 Protection Measures for Surface Water Resources. F'
(1) As part of SWIM Plans or basin - specific management plans, programs, or
r ules, the Districts are encouraged to implement protection measures as appropriate to k
enhance or preserve surface water resources. Protection measures shall be based on x
scientific evaluations of particular surface waters and the need for enhancement or ='
preservation of these surface water resources.
(2) In determining if basin - specific rules should be adopted to establish
protection areas, due consideration shall be given to surface waters with the following t
special designations:
(a) an Outstanding Florida Water,
(b) an Aquatic Preserve,
(c) an Area of Critical State Concern, or t
(d) an area subject to Chapter 380 Resource Management Plans adopted by
rule by the Administration Commission, when the plans for an area include waters that t
are particularly identified as needing additional protection, which provisions are not
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inconsistent with applicable rules adopted for the management of such areas by the
Department and the Governor and Cabinet.
Specific Authority 373.026, 373.043, 373.418, 373.453, 403.061(33), FS.
Law Implemented 373.016, 373.114(1), 373.413, 373.418, 373.453, 403.061(35), FS. F
History -- New 7- 20 -95.
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62- 40.510 Florida Water Plan.
(1) The Department shall formulate an integrated, coordinated Florida Water
Plan for the management of Florida's water resources. The scope of the plan shall
include the State Water Use Plan and all other water - related activities of the
Department and the Districts. It shall give due consideration to the factors in Section
373.036(2), F.S. f
(2) The Florida Water Plan shall be developed in coordination with District
Water Management Plans and include, at a minimum:
(a) Department overview, including a discussion of the interrelationships of
t
Department and District programs;
(b) Water management goals and responsibilities, including the following
areas of responsibilities:
1. water supply protection and management, g';
2. flood protection and management,
3. water quality protection and management, and
4. natural systems protection and management;
(c) Statewide water management implementation strategies for each area of
responsibility; 1
(d) Intergovernmental coordination, including the Department's processes for
general supervision of the water management districts;
(e) Procedures for plan development, including public participation;
C (f) Methods for assessing program effectiveness and the Department's
progress toward implementation of the Plan;
(g) Linkages to Department rulemaking, budgeting, program development, s � `
and legislative proposals;
(
(h) Strategies to identify the amount and sources of supplemental funding to
implement the programs identified in Chapter 373, District Water Management Plans, '
this Chapter, and any delegated programs;
(i) Chapter 62 -40, F.A.C., State Water Policy;
(j) Appropriate sections of the District Water Management Plans;
(k) State water quality standards. T
(3) The Florida Water Plan shall be developed expeditiously and may be
phased. It shall be completed by November 1, 1995.
(4) At a minimum, the Florida Water Plan shall be updated every five years
after the initial plan development. Annual status reports on the Plan shall also be
prepared by the Department. ;-
Specific Authority 373.026, 373.043, FS.
Law Implemented 373.036, 373.039, FS.
History -- New 7 20 - 95.
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PART V t
WATER PROGRAM DEVELOPMENT i
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62- 40.520 District Water Management Plans.
(1) Each district shall prepare a long range comprehensive water
management plan which is consistent with the provisions of this Chapter and Section
373.036, Florida Statutes. District Water Management Plans are comprehensive
guides to the Districts in carrying out all their water resource management
responsibilities, including water supply, flood protection, water quality management,
and protection of natural systems. The plans shall provide general directions and i
strategies for District activities, programs, and rules. They will be implemented by a
schedule of specific actions of the District, which may include program development,
water resource projects, land acquisition, funding, technical assistance, facility
operations, and rule development. I
(2) The District Plan shall include an assessment of water needs and sources
for the next 20 years. The District Plan shall identify specific geographical areas that
have water resource problems which have become critical or are anticipated to become
critical within the next 20 years to be called water resource caution areas. Identification
of water resource caution areas needed for imposition of reuse requirements pursuant
to Rule 62- 40.416, F.A.C., may be accomplished before publication of the complete
District Plan.
fie (3) Based on economic, environmental, and technical analyses, a course of
remedial or preventive action shall be specified for each current and anticipated future
problem. I
(4) Remedial or preventive measures may include, but are not limited to
water resource projects; water resources restoration projects pursuant to Section
403.0615, Florida Statutes; purchase of lands; conservation of water; reuse of x
re,c:Iaimed water; enforcement of Department or District rules; and actions taken by I
local government pursuant to a local government comprehensive plan, local ordinance,
or zoning regulation.
(5) District Plans shall also provide for identifying areas where collection of
data, water resource investigations, water resource projects, or the implementation of I
regulatory programs are necessary to prevent water resource problems from becoming
critical.
(6) District plans shall address, at a minimum, the following subjects:
r
(a) District overview;
i
(b) Water management goals; .
(c) Water management responsibilities, including:
1. Water supply protection and management, to include needs and sources, G
source protection, and a schedule for recharge mapping and recharge area
designation. s'
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2. Flood protection and floodplain management. This shall include the t r
District's strategies and priorities for managing facilities and floodplains, and a
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schedule for District mapping of floodplains. k
3. Water quality protection and management for both surface water and 1
ground water. This shall include the District's strategies, priorities, and schedules to
develop pollutant load reduction goals; and
4. Natural systems protection and management. This shall include a ' (
schedule for establishing minimum flows and levels for a priority selection of surface 1
waters and ground waters in the District, considering ground water availability and
surface water availability, and a schedule for establishing protection areas for surface
waters in the District, where appropriate. .
(d) For each water management responsibility, the following shall be
included:
1. Resource assessments, including identification of regionally significant t
water resource issues and problems, and determinations of the need for ground water
basin resource availability inventories in various portions of the District;
2. Evaluation of options;
3. Water management policies for identified issues and problems;
4. Implementation strategies for each issue and problem, including tasks,
('
schedules, responsible entities, and measurable benchmarks. I
(e) Integrated plan, describing how the water problems of each county in the t
District are identified and addressed;
(f) Intergovernmental coordination, including measures to implement the
plan through coordination with the plans and programs of local, regional, state and 1 t
federal agencies and governments; and
(g) Procedures for plan development, including definitions and public r
participation. ,
(7) District Plans shall be developed expeditiously and may be phased. All t
District Plans shall be accepted by the Governing Board no later than November 1,
1994. A District Water Management Plan is intended to be a planning document and is t i
not self- executing.
t
(8) At a minimum, District Plans shall be updated and progress assessed
every five years after the initial plan development. Each District shall include in the t
Plan a procedure for evaluation of the District's progress towards implementing the
Plan. Such procedure shall occur at least annually and a copy of the evaluation shall
be provided to the Department each year by November 15 for review and comment.
(9) Plan development shall include adequate opportunity p q pportunity for participation by
the public and governments. Districts shall be deemed to have afforded adequate
opportunity for participation to the public and governments, by holding public
workshops with advance notice by publication. Districts shall hold public workshops at t
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least four months before Plan acceptance by the Governing Board. At the workshops, s
a preliminary list of schedules to be included in the Plan shall be presented. I
Specific Authority 373.026, 373.043, 403.061(33), 403.805 FS.
Law Implemented 373.016, 373.026, 373.033, 373.036(4), 373.0391(2)(e), 373.042,
373.106, 373.103(7), 373.114, 373.171, 403.064, FS.
History -- New 5 -5 -81, Formerly 17- 40.09, Amended 12 -5 -88, Formerly 17- 40.090,
Amended 8- 14 -90, 12- 17 -91, Formerly 17- 40.501, 17- 40.520, Amended 7- 20 -95,
1 -7 -97.
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62- 40.530 Department Review of District Water Management Plans.
(1) After acceptance by the District Governing Board, District Water 1
Management Plans shall be submitted to the Department.
(2) Within sixty days after receipt of a Plan for review, the Department shall t
review each Plan for consistency with this Chapter and recommend any changes to the
Governing Board.
(3) After consideration of the comments and recommendations of the t
Department, the Governing Board shall, within sixty days, either incorporate the t.
recommended changes into the Plan or state in the Plan, with specificity, the reasons
for not incorporating the changes.
(4) Plan amendments shall follow the same process as for initial Plan
acceptance.
Cse Specific Authority 373.026(10), 373.043, FS.
Law Implemented 373.026(7), 373.036(4), 373.114, FS. I
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62- 40.540 Water Data. t
(1) All local governments, water management districts, and state agencies
a. a directed by Section 373.026(2), F.S., to cooperate with the Department in making
available to the Department such scientific or factual data as they may possess. The
Department shall prescribe the format and ensure the quality control for all water I'
quality data collected or submitted.
(2) The Department is the state's lead water quality monitoring agency and
central repository for surface water and ground water information. The Department I
shall coordinate Department, District, state agency, and local government water quality
monitoring activities to improve data and reduce costs.
(3) The U.S. Environmental Protection Agency water quality data base
(STORET) shall be the central repository of the state's water quality data. All
appropriate water quality data collected by the Department, Districts, local I
governments, and state agencies shall be placed in the STORET system within one
year of collection.
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DEP 1997 WATER POLICY 62 -40
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(4) The Department's biennial state water quality assessment (the "305(b) t
Report ") shall be the state's general guide to water quality assessment and should be t
used as the basis for assessments unless more recent, more accurate, or more
detailed information is available. F
(5) Appropriate monitoring of water quality and water withdrawal shall be
required of permittees.
(6) The Districts shall implement a strategy for measuring, estimating, and (
}
reporting withdrawal and use of water by permitted and exempted users. Thresholds 1
for measurement requirements and reporting applicable to permittees shall be F'
established and adopted by rule.
(7) The Department and the Districts shall coordinate in the development and
implementation of a standardized computerized statewide data base and methodology ('
to track activities authorized by environmental resource permits in wetlands and waters
of the state. The data base will be designed to provide for the rapid exchange of )
information between the Department and the Districts. The Department will serve as
the central repository for environmental resource permit data and shall specify the data
base organization and electronic format in which the data are to be provided by the
Districts.
Specific Authority 373.026, 373.043, 403.061(33), FS.
Law Implemented 373.026(2), FS.
History -- New 7- 20 -95.
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PART VI
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WATER PROGRAM ADMINISTRATION AND EVALUATION
62- 40.610 Review and Application. 1 '
(1) This Chapter shall be reviewed periodically, but in no case Tess frequently i
than once every four years. Revisions, if any, shall be adopted by rule.
(2) Within 12 months after adoption or revision of this Chapter, the Districts
shall have revised their rules and reviewed their programs to be consistent with the
provisions contained herein.
(3) District rules adopted after this Chapter takes effect shall be reviewed by
the Department for consistency with this Chapter. •
(4) At the request of the Department, each District shall initiate rulemaking
pursuant to Chapter 120, Florida Statutes, to consider changes the Department
determines to be necessary to assure consistency with this Chapter. The Department
shall be made a party to the proceeding.
(5) District water policies may be adopted which are consistent with this
Chapter, but which take into account differing regional water resource characteristics t
and needs. ,
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DEP 1997 WATER POLICY 62 -40
(6) A District shall initiate rulemaking or program review to consider
implementation of programs pursuant to Sections 373.033, 373.042, 373.106, Part III,
or Part IV of Chapter 373, Florida Statutes, where the Department or District
determines that present or projected conditions of water shortages, saltwater intrusion,
flooding, drainage, or other water resource problems, prevent or threaten to prevent the
achievement of reasonable - beneficial uses, the protection of fish and wildlife, or the
attainment of other water policy directives.
(7) The Department and Districts shall assist other governmental entities in ('
the development of plans, ordinances, or other programs to promote consistency with
this Chapter and District water management plans.
Specific Authority 373.026, 373.043, 403.061(33), FS.
Law Implemented 373.016, 373.033, 373.042, 373.106, 373.114, FS.
History - New 5 -5 -81, Formerly 17- 40.10, 17- 40.100, Amended 12- 17 -91, Formerly
17- 40.601, 17- 40.610, Amended 7- 20 -95.
Effective 1 -7 -97
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