Frequently Asked ERP Stormwater Questions

1. When did the Statewide Stormwater Rule Ratification Senate Bill 7040 go into effect?

• The Statewide Stormwater Rule Ratification Bill (SB 7040) was signed into law (Chapter 2024-275, Laws of Florida) on June 28, 2024.  Pursuant to s.120.54(3)(e)6, Florida Statutes, the revised stormwater rules are now in effect upon that ratification date, June 28, 2024.

2. Permit that were submitted before the effective date but reviewed and deemed complete after, what requirements apply to that permit?

• The date of completion of a permit is when it is submitted to the WMD with no further RAIs. If the permit requires an RAI after the effective date, then the completed submittal is not before the effective date and it has not been deemed complete and must now consider the new requirements of the ERP rule.  

3. Where can I find the updated Applicant Handbook Volume I?

• Within the Department of State’s website for the rule section, 62-330.010, Florida Administrative Code, a link to the incorporated he Applicant Handbooks is available.

4. What sections or chapters were revised in Applicant Handbook Volume I?

• Chapter 1             Introduction.
• Chapter 2             Definitions and Terms.
• Section 3.1.2       Grandfathered Activities.
• Chapter 8             Criteria for Evaluation.
• Chapter 9             Stormwater Quality Treatment Evaluations.
• Chapter 11           Erosion and Sediment Control.
• Chapter 12          Operation and Maintenance Requirements.

5. How do I know which Applicant Handbook Volume II to reference for my project?

• A jurisdictional overlay of the Water Management Districts (WMDs) and county boundaries are available here: Florida's Water Management Districts Map.

6. Where can I find the newly required forms to be submitted at the time of application?

• Look for these under the "New Forms per 2024 Ratification” heading at the ERP Stormwater Resource Center website.  Form 62-330.301(26) “Financial Capability Certification is required to be submitted at the time of application.

7. When will the new Performance Standards take effect?

• Applications for individual and general permits, which have been deemed complete after December 28, 2025 (i.e., 18 months from the rule effective date), will be required to meet the revised Stormwater Quality Nutrient Permitting Requirements.

8.How do I know which Performance Standard generally applies to my project?

• The Performance Standards are based on project location within a Hydrologic Unit Code (HUC) 12 boundary and downstream correlation to Impairments or waters designated as an Outstanding Florida Waters (OFWs). A map which aids applicants in determining the criteria in Section 8.3 to be met is located here: HUC 12 Boundaries with Impaired Waters and OFWs.

9. Project is in a HUC 12 that is upstream and adjacent to a HUC 12 with an impairment, which criteria should be used?

• If the project is in a HUC 12 that does not contain an impaired water or an OFW, the project shall follow section 8.3.2 for its TN and TP criteria and also demonstrate a net improvement for the pollutant of concern as described in section 8.2.3.

10. Are there still design and performance standards within the Applicant Handbook Volume II’s?

• Yes, there are still design and performance standards specific to each WMD. These generally relate to flood protection, attenuation, design storm recovery and/or special basin criteria.

11. When will a Qualified Inspector be required for stormwater inspections?

• Permits issued after June 28, 2024, will require permittees to utilize a Qualified Inspector for all required inspections conducted after June 28, 2025 (i.e., one year from the rule effective date). 

12. What are the new Additional Dam System Criteria and who do they apply to?

• Dam owners. Appendix L contains four permitting criteria that apply when the proposed activity is for construction of a new dam or alteration of an existing dam. The following information is required in the application:
  • Provide the characteristics for each new and existing dam.
  • Establish the Downstream Hazard Potential for each new and existing dam.
  • Develop Emergency Action Plans for High Hazard Potential and Significant Hazard Potential dams.
  • Provide Condition Assessment Reports for existing High Hazard Potential and Significant Hazard Potential dams.