Placement: New Business
Action Requested: Discussion
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Request Council Support the City Manager in Sending Letter to the Florida Department of Environmental Protection Clarifying City’s Position Related to Potential Statewide Stormwater Rule Change
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Submitted By: Amy Eason, P.E., Executive Project Manager - Stormwater
Strategic Plan Link: The City's Vision to preserve unique natural resources including the St. Lucie River.
Executive Summary (General Business): Proposed regulations would require reductions in total nitrogen and phosphorus which staff supports, but would exempt existing conceptual SFWMD ERPs from meeting the new requirements which staff opposes.
Presentation Information: No prepared presentation, but staff is available to provide clarification and answer questions.
Staff Recommendation: Request that the Council support staff’s recommendation to allow the City Manager to send a letter to FDEP clarifying the City’s position related to new BMAP/TMDL Regulations
Background: In March 2009, the Florida Department of Environmental Protection (FDEP) adopted Total Maximum Daily Loads (TMDLs) for total nitrogen (TN) and total phosphorus (TP) for the St. Lucie River and Estuary and set targets for restoration. The stakeholders within this watershed developed the “St. Lucie River and Estuary Basin Management Action Plan” in February 2020, which was adopted by the Legislature under Final Order OGC Case No, 20-0042.
The City currently has approximately 14 major developments with Conceptual Environmental Resource Permits (ERPs), which total approximately 27,000 acres. This equates to approximately 35% of the City limits. In relation to the watersheds within the TMDL/BMAP, these ERPs represent 10% of the City’s watershed contributing to the St. Lucie River and Estuary. Please note that these numbers do not include the conceptual ERPs that St. Lucie County or Martin County currently have approved.
Issues/Analysis: The notice of change that was published on March 24, 2023, exempts Conceptual ERPs from following the new net improvement standards. Instead, these permits will follow the pre- versus post- standard which is contrary to any improvements that can be made on this impaired waterbody, and the rule set out in 62-330.056 in the Florida Administrative Code (FAC) pertaining to phased projects.
Most of these developments have Conceptual ERPs that were approved in the last 10 years. There is still land available to modify their Conceptual ERPs as required per 62-330.056 to meet the TMDL/BMAP. By exempting these developments, the requirement to meet the reduction goals will fall onto the City where land is limited and meeting the TMDL may become unattainable. The City will need to expend funds on projects to make up the gap. If the conceptual ERPs were modified per 62-330.056 then, undeveloped land that has not been developed yet would be available to accommodate the reduction requirements and the burden would not lie on the City. Once developments are built out, it is too late.
Financial Information: There are no direct costs associated with this request. However, passage of the new regulations in their current form could have a drastic financial impact to the City. The City would be responsible for constructing all infrastructure required to meet BMAP requirements for reducing total nitrogen and phosphorus, including areas of the City under the development of others.
Special Consideration: Comment period is open until April 14, 2023. This letter would accompany similar letters from municipalities such as Miami-Dade County, City of Tallahassee, and Pinellas County.
Location of Project: Citywide
Attachments: Position Letter
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 9947
Legal Sufficiency Review:
Reviewed by Frank Moehrle, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.