ERP Stormwater Resource Center

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Stormwater2020@FloridaDEP.gov

On June 28, 2024, Governor Ron DeSantis signed Senate Bill 7040 into law, which updates Florida's stormwater rules and design criteria to protect the state’s waterways.

Under the new rule, applicants for stormwater management systems will continue to have flexibility to choose from a range of design options, including a variety of best management practices, when designing systems to meet the performance-based design criteria.

The amendments to this rule will also ensure that future permitted systems will be better maintained. Operation and maintenance entities will be required to have estimates for the expected routine maintenance costs and to certify that they have the financial capability to maintain the stormwater system over time. The rule will also provide for more consistent oversight through a required periodic inspection routine and reporting on the inspection results to the permitting agency.

How the Rule Works:

ERP rule as described in ERP Applicant's Handbook Volume I

Rule Language/Updated Forms:

Chapter 62-330 Florida Administrative Code (updated).
Applicant's Handbook Volume I (updated).
Applicant's Handbook Volume I Comparison Document Detailing Rule Revisions.

New Forms: 

Form 62-330.301(25), Dam System Information.
Form 62-330.301(26), Financial Capability Certification.
Form 62-330.311(1), Operation and Maintenance Certification.
Form 62-330.311(2), Transfer to Operation and Maintenance Entity.
Form 62-330.311(3), Inspection Checklist.
Form 62-330.311(4), Condition Assessment Report for Florida Dams.

Applicant's Handbook Volume IIs:

NWFWMD SJRWMD SRWMD SWFWMD SFWMD

St. Johns River Water Management District

Suwannee River Water Management District

Implementation Timeline:

Section, Applicant's Handbook Volume I:	When it is effective:*	Who is affected:
8.3 – Performance Criteria (begins on page 83).	Effective date of rule revisions plus 18 months - Dec. 28, 2025.**	Applicants for general and individual permits and major modifications of existing permits.
8.4.5 – Dam System Criteria (begins on page 85).	Effective date of rule revisions - June 28, 2024.	Dam system owners.
12.3.5 – Operation and Maintenance (O&M) Cost Estimate (begins on page 137).	Effective date of rule revisions - June 28, 2024 (submitted at the time of application).	All applicants.
12.4 – O&M Plan (begins on page 139).	Effective date of rule revisions - June 28, 2024 (submitted at the time of application).	All applicants.
12.5 – Inspection Requirements and Checklist. 12.5(c) – Qualified Inspector (begins on page 141).	Effective date - June 28, 2024 (submitted at the time of application). Effective date plus 12 months - June 28, 2025.	Everyone except municipal separate storm sewer system (MS4) entities and certain activities and best management practices regulated by the South Florida Water Management District or the Florida Department of Agriculture and Consumer Services.

*Rule revisions took effect June 28, 2024, pursuant to section 120.54(3)(e)6., Florida Statutes.

**New conceptual approval permits (issued after the effective date of the rule revisions) will have to reflect the provisions for grandfathering of performance criteria based on the criteria that would apply for the time of application completeness for the individual construction phase permit.

Additional Resources:

Link:	Description:
Map of Sub Watershed (HUC 12) and Waters Not Achieving Standards.	An online interactive Arc-GIS map containing the Hydrologic Unit Code (HUC) Level 12 boundaries and their overlap with impaired waters and Outstanding Florida Waters. Used to determine applicable performance standards to a project site.
Appendix O, Applicant's Handbook Volume I (begins on page 185).	Outlines traditional best management practices for treating stormwater, their efficiency rates and how to calculate those efficiency rates.
Green Stormwater Infrastructure website.	Highlights green infrastructure technologies implemented throughout the state and additional resources for them.
Clean Waterways Act Rulemaking webpage.	Tracks the rulemaking process, including rulemaking workshop presentations and corresponding draft language.
Stormwater Technical Advisory Committee webpage.	Details the Technical Advisory Committee’s meetings and their recommendations.

Dam System Requirements:

Dam Systems are a critical part of Florida's infrastructure for stormwater and surface water management. Criteria specific to dams are intended to reduce the risk of structural failure and improper operation, and consequences from flooding that would cause loss of human life or adverse impacts on economic, environmental or lifeline interests.

Appendix L contains the criteria that apply to the construction of new dams or alteration of an existing dam, as required in the applicable Applicant's Handbook Volume IIs (linked above). These criteria are intended to reduce potential damage from floods, to reduce degradation of water resources from uncontrolled releases of stormwater and to otherwise promote the safety of dams regulated under this chapter.

Appendix L criteria:	Who is impacted:
Form 62-330.301(25), Dam System Information.	All applicable dam systems.
Downstream Hazard Potential Classification.	All applicable dam systems.
Emergency Action Plans.	New and existing high-risk dams.
Form 62-330.311(4), Dam Condition Assessment Report.	Existing high-risk dams.

Additional Information:

Presentations:

Overview of changes to ERP rule.

Last Modified:

July 3, 2024 - 11:42am