V. 9, p. 439 WATER POLICY 17-40.110
CHAPTER 17-40 Formerly 17-40.03, Amended 12-5-88, Transferred to
WATER POLICY 17-40.310.
17-40.001 Declaration and Intent. 17-40.040 Water Use.
(Transferred) Specific Authority 373.026. 373.043, 403.805 FS. Law
17-40.020 Definitions. (Transferred) Implemented 373.016, Part II. 373 FS. History-New
17-40. 0 Defni (Tr f 5-5-81, Amended 2-4-82, Formerly 17-40.04, Amended
17-40.030 General Water Policy. 12-5-88. Transferred to 17-40.401.
17-40.040 Water Use. (Transferred) 17-40.050 Water Transport.
17-40.050 Water Transport. (Transferred) Specific Authority 373.026, 373.043, 403.805 FS. Law
17-40.060 Water Quality. (Transferred) Implemented 373.016, Part II, 373 FS. History-New
17-40.070 ace Water M ansgement5-5-81, Formerly 17-40.05, Transferred to 17-40.402.
17-40.070 Surface Water Management.
(Transferred) 17-40.060 Water Quality.
17-40.080 Minimum Flows and Levels. Specific Authority 403.061, 373.026, 373.043, 403.805
(Transferred) FS. Law Implemented 373.039, 403.021 FS. History-
17-40.090 District Water Management New 5-5-81, Formerly 17-40.06, Transferred to
Plans. (Transferred) 17-40.403.
17-40.100 Review and Application. 17-40.070 Surface Water Management.
(Transferred) Specific Authority 373.026, 373.043, 403.805 FS. Law
Implemented 373.016, Part IV, 373 FS. History-New
PART I GENERAL WATER POLICY 5-5-81, Formerly 17-40.07, Amended 12-5-88,
17-40.110 Declaration and Intent. Transferred to 17-40.404.
17-40.120 Department Rules. 17-40.080 Minimum Flows and Levels.
PART II DEFINITIONS Specific Authority 373.026, 373.043, 403.805 FS. Law
Implemented 373.016, 373.042, 373.086, 373.175,
17-40.210 Definitions. 373.246 FS. History-New 5-5-81, Formerly 17-40.08,
PART III GENERAL PROVISIONS Amended 12-5-88, Transferred to 17-40.405.
17-40:310 General Policies. 17-40.090 District Water Management Plans.
1Specific Authority 373.026, 373.043. 403.805 FS. Law
PART IV RESOURCE PROTECTION AND Implemented 373.016, 373.033, 373.042, 373.106,
"MANAGEMENT 373.114 FS. History-New 5-5-81, Formerly 17-40.09,
SAmended 12-5-88, Transferred to 17-40.501.
17-40.401 Water Use and Reuse.
17-40.402 Water Transport. 17-40.100 Review and Application.
17-40.403 Water Quality. Specific Authority 373.026, 373.043, 403.805 FS. Law
17-40.404 Srface g Implemented 373.016, 373.033, 373.042, 373.106,
17-40.404 Surface Water Managemnt. 373.114 FS. History-New 5-5-81, Formerly 17-40.10,
(Repealed) Transferred to 17-40.601.
17-40.405 Minimum Flows and Levels.
17-40.420 Surface Water Protection and PART I GENERAL WATER POLICY
PART V WATER PROGRAM 17-40.110 Declaration and Intent.
DEVELOPMENT (1) The waters of the state are among its basic
resources. Such waters should be managed to
17-40.501 District Water Management conserve and protect natural resources and scenic
Plans. beauty and to realize the full beneficial use of the
PART VI WATER PROGRAM resource. Recognizing the importance of water to
ADMINISTRATION AND EVALUATION the state, the Legislature passed the Water
Resources Act, Chapter 373, Florida Statutes, and
17-40.601 Review and Application. the Air and Water Pollution Control Act, Chapter
Library References: Harper and Ross, The 403, Florida Statutes. Additionally, numerous
Reasonable-Beneficial Test: Maximizing the Water goals and policies within the State Comprehensive
Supply Pie Before Relinquishing the Last Piece, 64 Fla. Plan, Chapter 187, Florida Statutes, address water
BarJ. 68 (May 1990). resources and natural systems protection.
17-40.001 Declaration and Intent. (2) This Chapter is intended to clarify water
Specific Authority 373.026(7), 373.043, 403.805 FS. Law policy as expressed in Chapters 187, 373, and 403,
Implemented 373.016 FS. History-New 5-5-81, Florida Statutes, and to otherwise provide guidance
Formerly 17-40.01, Amended 12-5-88, Transferred to to the Department and Districts in the development
17-40.110. of programs, rules, and plans. Local governments
17-40.020 Definitions, shall consider state water policy in the development
Specific Authority 373.026(7), 373.043, 403.805 FS. Law of their comprehensive plans required by Chapter
Implemented 373.016 FS. History-New 5-5-81, 163, Florida Statutes, as required by Section
Formerly 17-40.02, Amended 12-5-88, Transferred to 403.0891(3)(a), F.S.
17-40.210. (3) This Chapter does not repeal, amend or
17-40.030 General Water Policy. otherwise alter any rule now existing or later
Specific Authority 373.026, 373.043, 403.805 FS. Law adopted by the Department or District. However,
Implemented 373.016 FS. History-New 7-1-81, procedures are included in this Chapter which
17-40.210 DEPARTMENT ,. ENVIRONMENTAL REGULATION V. 9, p. 440
provide for the review and modification of (10) "Ground water" means water beneath the
Department and District rules to assure consistency surface of the ground, whether or not flowing
, --.ith the provisions of this Chapter. through known and definite channels.
(4) It is the intent of the Department, in (11) "Nutrient limitations" means those
cooperation with the Water Management Districts, numeric values which establish a maximum or
to seek adequate sources of funding to supplement minimum allowable nutrient loading or
District ad valorem taxes to implement the concentration, as appropriate, for a specific
provisions of this Chapter. nutrient. Nutrient limitations are established
Specific Authority 373.026(10), 373.043, 403.061(33) FS. through an individual permit or other action within
Law Implemented 373.016, 373.114, 403.061(33), the regulatory authority of the Department or a
403.0891 FS. History-New 5-5-81, Formerly 17-40.01, District. These limitations serve to implement state
Amended 12-5-88, Formerly 17-40.001, Amended water quality standards.
8-14-90, 12-17-91. water quality standards.
(12) "Reasonable-beneficial use" means the use
17-40.120 Department Rules. State water of water in such quantity as is necessary for
policy shall also include the following Department economic and efficient utilization for a purpose and
rules: in a manner which is both reasonable and
(1) Water Quality Standards, Chapter 17-3, consistent with the public interest.
F.A.C. (13) "Reclaimed water" means water that has
(2) Surface Water Quality Standards, Chapter received at least secondary treatment and is reused
17-302, F.A.C. after flowing out of a wastewater treatment facility.
(3) Surface Water Improvement and (14) "Retention" means the prevention of
Management, Chapter 17-43, F.A.C. stormwater runoff from direct discharge.
Specific Authority 373.026(7), 373.026(10), 373.043, (15) "Reuse" means the deliberate application
403.061(33). 403.805 FS. Law Implemented 373.016. of reclaimed water, in compliance with Department
373.114. 403.061(33), 403.0891 FS. History-New and District rules, for a beneficial purpose.
8-14-90. (a) For example, said uses may encompass:
SPART II D IT1. Landscape irrigation (such as irrigation of
PART II DEFINITIONS golf courses, cemeteries, highway medians, parks,
playgrounds, school yards, retail nurseries, and
17-40.210 Definitions. When used in this residential properties);
apter and in the review of rules of the Districts 2. Agricultural irrigation (such as irrigation of
pursuant to Section 373.114(2), F.S., unless the food, fiber, fodder and seed crops, wholesale
context or content of such District rule requires a nurseries, sod farms, and pastures);
narrower, more specific meaning, the following 3. Aesthetic uses (such as decorative ponds and
words shall mean: fountains);
(1) "Aquifer" shall mean a geologic formation, 4. Groundwater recharge (such as slow rate,
group of formations, or part of a formation that rapid-rate, and absorption field land application
contains sufficient saturated permeable material to systems) but not including disposal methods
yield useful quantities of ground water to wells, described in Rule 17-40.210(15)(b), F.A.C.;
springs or surface water. 5. Industrial uses (such as cooling water, process
(2) "Consumptive use" means any use of water water, and wash waters);
which reduces the supply from which it is 6. Environmental enhancement of surface
withdrawn or diverted, waters resulting from discharge of reclaimed water
(3) "Department" means the Department of having received at least advanced wastewater
Environmental Regulation. treatment or from discharge of reclaimed water for
(4) "Detention" means the delay of stormwater wetlands restoration;
runoff prior to its discharge. 7. Fire protection; or
(5) "District" means a water management 8. Other useful purpose.
district created pursuant to Chapter 373, Florida (b) Overland flow land application systems,
Statutes. rapid-rate land application systems providing
(6) "Drainage basin" means a subdivision of a continuous loading to a single percolation cell,
watershed. other land application systems involving less than
(7) "Effluent", unless specifically stated secondary treatment prior to application, septic
otherwise, means water that is not reused after tanks, and groundwater disposal systems using
flowing out of any wastewater treatment facility or Class I wells injecting effluent or wastes into Class
other works used for the purpose of treating, G-IV waters shall be excluded from the definition
-- stabilizing, or holding wastes. of reuse.
(8) "Florida Water Plan" means the State (16) "Secretary" means the Secretary of the
Water Use Plan formulated pursuant to Section Department of Environmental Regulation.
373.036, Florida Statutes, together with the water (17) "State water quality standards" means
quality standards and water classifications adopted water quality standards adopted by the
by the Department in Chapters 17-3 and 17-302, Environmental Regulation Commission pursuant
F.A.C. to Chapter 403, Florida Statutes, including
(9) "Governing Board" means the governing standards comprised of designated most beneficial
board of a water management district, uses (classification of waters), the numerical and
V. 9, p. 441 WATER POLICY 17-40.310
narrative criteria applied to the specific water use PART III GENERAL PROVISIONS
or classification, the Florida anti-degradation
policy, and the moderating provisions contained in 1 0 Genel P T f n
Rules 17-3 and 17-4, F.A.C. 17-40.310 General Policies. The following
statement of general water policy shall provide a
(18) "State Water Use Plan" means the plan basis for Department review of water management
formulated pursuant to Section 373.036, Florida manager
programs, rules, and plans. Water management
Statutes, for the use and development of waters of programs, rules and plans, where economically and
the Stateenvironmentally feasible, not contrary to the public
(19) "Stormwater" means the water which interest, and consistent with Florida law, shall seek
results from a rainfall event. to:
(20) "Stormwater management program" (1) Assure availability of an adequate and
means the institutional strategy for stormwater affordable supply of water for all
management, including urban, agricultural, and reasonable-beneficial uses. Uses of water
other stormwater. authorized by a permit shall be limited to
(21) "Stormwater management system" means reasonable-beneficial uses.
a system which is designed and constructed or (2) Reserve from use that water necessary to
implemented to control stormwater, incorporating support essential non-withdrawal demands,
methods to collect, convey, store, absorb, inhibit, including navigation, recreation, and the protection
treat, use, or reuse stormwater to prevent or reduce of fish and wildlife.
flooding, over-drainage, environmental degradation (3) Champion and develop sound water
and water pollution or otherwise affect the quantity conservation practices and public information
and quality of.discharges from the system, programs.
(22) "Stormwater utility" means the entity (4) Advocate and direct the reuse of reclaimed
through which funding for a stormwater water as an integral part of water management
management program is obtained by assessing the programs, rules, and plans consistent with
cost of the program to the beneficiaries based on protection of the public health and surface and
their relative contribution to its need. It is operated ground water quality.
as a typical utility which bills services regularly, (5) Encourage the use of water of the lowest
similar to water and wastewater services, acceptable quality for the purpose intended.
(23) "Surface water" means water upon the (6) Utilize, preserve, restore, and enhance
surface of the earth, whether contained in bounds natural water management systems and discourage
created naturally or artificially or diffused. Water the channelization or other alteration of natural
from natural springs shall be classified as surface rivers, streams and lakes.
water when it exits from the spring onto the earth's (7) Protect the water storage and water quality
surface. enhancement functions of wetlands, floodplains,
(24) "Water" or "waters in the state" means and aquifer recharge areas through acquisition,
any and all water on or beneath the surface of the enforcement of laws, and the application of land
ground or in the atmosphere, including natural or and water management practices which provide for
artificial watercourses, lakes, ponds, or diffused compatible uses.
surface water and water percolating, standing, or (8) Protect aquifers from depletion through
flowing beneath the surface of the ground, as well water conservation and preservation of the
as all coastal waters within the jurisdiction of the functions of high recharge areas.
state. (9) Identify existing and future public water
(25) "Watershed" means the land area which supply areas and protect them from contamination.
contributes to the flow of water into a receiving (10) Mitigate adverse impacts resulting from
body of water. prior alteration of natural hydrologic patterns and
(26) "Wetlands" means those areas that are fluctuations in surface and ground water levels.
inundated or saturated by surface or ground water (11) Establsh minimum flows and levels to
with a frequency sufficient to support, and under protect water resources and the environmental
normal circumstances do or would support, a values soced with marine, estuae,
prevalence of vegetative or aquatic life that freshwater, and wetlands ecology.
requires saturated or seasonably saturated soil (12) Encourage nonstructuralsolutions water
conditions for growth and reproduction, such as resource problems and give adequate consideration
swamps, marshes, bayheads, cypress ponds, to nonstructural alternatives whenever structural
sloughs, wet prairies, wet meadows, river overflows, works are proposed.
mud flats and natural ponds. This definition does (13) Encourage the management of floodplains
not alter the Department's jurisdiction over and other flood hazard areas to prevent or reduce
dredging and filling activities in wetlands as defined flood damage, consistent with establishment and
in Section 403.911(7), F.S. maintenance of desirable hydrologic characteristics
Specific Authority 373.026(10), 373.043, 403.061(33) FS. of such areas.
Law Implemented 373.016, 373.026(7). 373.114. (14) Manage the construction and operation of
403.061(33). 403.0891 FS. History-New 5-5-81, facilities which dam, divert, or otherwise alter the
Formerly 17-40.02, Amended 12-5-88, Formerly flow of surface waters to prevent increased flooding,
17-40.020. Amended 8-14-90, 12-17-91. soil erosion or excessive drainage.
17-40.401 DEPARTMENT x, ENVIRONMENTAL REGULATION V. 9, p. 442
(15) Encourage the development of local and of the year, as is required for the protection of fish
regional water supplies within districts rather than and wildlife or the public health or safety.
"avnsport water across District boundaries. (4) Conservation of water shall be required
(16) Restore and protect the quality of ground unless not economically or environmentally
and surface water by ensuring high quality feasible.
treatment for stormwater and wastewater. (5) As required by Section 373.0391(2)(e),
(17) Develop interstate agreements and F.S., the Districts shall designate areas that have
undertake cooperative programs with Alabama and water supply problems which have become critical
Georgia to provide for coordinated management of or are anticipated to become critical within the next
surface and ground waters. 20 years. The Districts shall identify such critical
Specific Authority 373.026(10), 373.043, 403.061(33), water supply problem areas during preparation of a
403.0891 FS. Law Implemented 373.016, 373.026(7), District Plan pursuant to Rule 17-40.501, F.A.C.,
373.114, 403.061(33), 403.0891 FS. History-New and shall adopt these designations by rule by
7-1-81, Formerly 17-40.03, Amended 12-5-88, Formerly November 1, 1991. A reasonable amount of reuse
17-40.030. Amended8-13902-7-9. of reclaimed water from domestic wastewater
treatment facilities shall be required within
PART IV RESOURCE PROTECTON AND designated critical water supply problem areas
MANAGEMENT unless such reuse is not economically,
environmentally, or technically feasible. The
17-40.401 Water Use and Reuse. The Districts shall periodically update their
following shall apply to those areas where the use of designations of critical water supply problem areas
water is regulated pursuant to Part II of Chapter by rule. Such updates shall occur within one year
373, Florida Statutes: after updates of the District Plan prepared
(1) No permit shall be granted to authorize the pursuant to Rule 17-40.501, F.A.C. After
use of water unless the applicant establishes that completion of the District Plan or updates pursuant
the proposed use is a reasonable-beneficial use, will to Rule 17-40.501, F.A.C., the Districts may limit
not interfere with presently existing legal uses of areas where reuse shall be required to areas where
water and is consistent with the public interest. reuse is specified as a remedial or preventive action
(2) In determining whether a water use is a pursuant to Rule 17-40.501(2), F.A.C. Any such
"- asonable-beneficial use, the following factors will limitation of areas where reuse shall be required
Considered: shall be designated by rule.
(a) The quantity of water requested for the use; (6) A reasonable amount of reuse of reclaimed
(b) The demonstrated need for the use; water from domestic wastewater treatment
(c) The suitability of the use to the source of facilities may be required outside of areas
water; designated pursuant to Rule 17-40.401(5), F.A.C.,
(d) The purpose and value of the use; as subject to critical water supply problems,
(e) The extent and amount of harm caused; provided:
( (a) Reclaimed water is readily available; and
(f) The practicality of mitigating any harm by
adjusting the quantity or method of use; (b) The district has adopted rules for reuse in
(g) Whether the impact of the withdrawal these areas.
extends to land not owned or legally controlled by (7) The Department encourages local
the user; governments to implement programs for reuse of
Reclaimed water. These rules shall not be deemed to
(h) The method and efficiency of use;
(i) Water conservation measures taken or preempt any such local reuse programs.
available to be taken; (8) In implementing consumptive use
(i) The availability of reclaimed water for and permitting programs, the Department and the
) The availability of reclaimuse, or the use of water for anDistricts are required under Section 187.101(3),
the practicality of reuse, or the use of waters F.S., to recognize the rights of property owners, as
more suitable quality; limited by law, to make consumptive uses of water
(k) The present and projected demand for the from their land, and the rights of other users, as
source of water; limited by law, to make consumptive uses of water,
(1) The long term yield available from the source for reasonable-beneficial uses in a manner
of water; consistent with the public interest that will not
(m) The extent of water quality degradation interfere with any presently existing legal use of
(n) Whether the proposed use would cause or (9) Permits authorizing consumptive uses of
contributee to flood damage; and water which cause unanticipated significant
__ (o) Whether the proposed use would adverse impacts on off-site land uses existing at the
significantly induce saltwater intrusion; time of permit application, or on legal uses of water
(p) The amount of water which can be existing at the time of permit application, should be
withdrawn without causing harm to the resource; considered for modification, to curtail or abate the
(q) Whether the proposed use would adversely adverse impacts, unless the impacts can be
affect public health. mitigated by the permitted.
(3) Water shall be reserved from permit use in Specific Authority 373.026, 373.043 FS. Law
such locations and quantities, and for such seasons Implemented 187.101(3), 373.016. 373.0391(2)(e). Part II,
V. 9, p. 443 WATER POLICY 17-40.420
373. 403.064 FS. History-New 5-5-81. Amended 2-4-82. protect waters of the State from point and
Formerly 17-40.04, Amended 12-5-88, Formerly non-point sources of pollution.
17-40.040. Amended 8-14-90, 12-17-91. (2) State water quality standards adopted by
Library References: Niego, Water management in South Department rule shall be a part of the Florida
Florida. Setting the Record Straight. 57 Fla. Bar J. 337 Water Plan.
(May, 1983). Specific Authority 403.061, 373.026, 373.043, 403.805
FS. Law Implemented 373.039, 403.021 FS. History-
17-40.402 Water Transport. The following New 5-5-81, Formerly 17-40.06, 17-40.060.
shall apply to the transfers of water where such 17-40.404 Surface Water Management.
transfers are regulated pursuant to Part II of Specific Authority 373.026, 373.043, 403.805 FS. Law
Chapter 373, Florida Statutes: Implemented 373.016, Part IV, 373 FS. History-New
(1) The transport or use of water across District 5-5-81, Formerly 17-40.07, Amended 12-5-88, Formerly
boundaries shall require approval of each involved 17-40.070, Repealed 2-20-91.
District. 17-40.405 Minimum Flows and Levels.
(2) In deciding whether the transport and use of (1) In establishing minimum flows and levels
water across District boundaries is consistent with pursuant to Section 373.042, consideration shall be
the public interest pursuant to Section 373.223, given to the protection of water resources, natural
Florida Statutes, the Districts should consider the seasonal fluctuations in water flows or levels, and
extent to which:
extent towhich environmental values associated with coastal,
(a) Comprehensive water conservation and estuarine, aquatic, and wetlands ecology,
reuse programs are implemented and enforced in including:
the area of need; (a) Recreation in and on the water;
(b) The major costs, benefits, and environmental (b) Fish and wildlife habitats and the passage of
impacts have been adequately determined fish;
including the impact on both the supplying and (c) Estuarine resources;
receiving areas; (d) Transfer of detrital material;
(c) The transport is an environmentally and (e) Maintenance of freshwater storage and
economically acceptable method to supply water supply;
for the given purpose; (f) Aesthetic and scenic attributes;
(d) The present and projected water needs of the (g) Filtration and absorption of nutrients and
supplying area are reasonably determined and can other pollutants;
be satisfied even if the transport takes place; (h) Sediment loads;
(e) The transport plan incorporates a regional (i) Water quality; and
approach to water supply and distribution (j) Navigation
including, where appropriate, plans for eventual (2) Established minimum flows and levels shall
interconnection of water supply sources; and be a consideration where relevant to:
(f) The transport is otherwise consistent with (a) The construction and operation of water
the public interest based upon evidence presented, resource projects;
Specific Authority 373.026, 373.043, 403.805 FS. Law e e o pert pr t to P
Implemented 373.016, Part II, 373 FS. History-New (b) The issuance of permits pursuant to Part II,
5-5-81, Formerly 17-40.05, 17-40.050. Part IV, and Section 373.086, Florida Statutes; and
(c) The declaration of a water shortage
ANNOTATIONS pursuant to Section 373.175 or Section 373.246,
Question Does Department of Environmental Implemented 373.016 373.042 373.086, 373.175,
Regulation (D. E. R.) of State of Florida have statutory 373.246 FS. History-3New 5-5-81, Formerly 17-40.08,
authority to adopt administrative rule prescribing Amended 12-5-88, Formerly 17-40.080.
procedure to be followed and guidelines to be observed by
respective water management districts in considering 17-40.420 Surface Water Protection and
interdistrict water transfers? District Court of Appeal Management.
answered in affirmative and denied county's petition for (1) Surface Water Protection and Management
writ of prohibition. Statutory authority to allow such Goals. The following goals are established to
interdistrict diversions of water is necessarily implied in provide guidance for Department, District and
grant to D. E. R. of statewide power to regulate provide guidance for Department District and
management of water resources and by specific legislative local government stormwater management
authority to permit the transport and use of water programs:
"beyond overlying land, across county boundaries or (a) It shall be a goal of surface water
outside the watershed from which it is taken." Political management programs to protect, preserve and
boundaries are artificial divisions that may and restore the quality, quantity and environmental
"sometimes should be transcended when planning for the values of water resources. A goal of surface water
most beneficial use of state's water resources. Osceola management programs includes effective
App.unty (th) 486 So 2 616 (1986), Management 504 So. 2d 385 stormwater management for existing and new
(1987). systems which shall seek to protect, maintain and
restore the functions of natural systems and the
17-40.403 Water Quality. beneficial uses of waters.
(1) Water quality standards shall be enforced (b) The primary goals of the state's stormwater
pursuant to Chapter 403, Florida Statutes, to management program are to maintain, to the
17-40.420 DEPARTMENT ENVIRONMENTAL REGULATION V. 9, p. 444
maximum extent practicable, during and after Programs shall be implemented in a manner that
construction and development, the will improve and restore the quality of waters that
Sore-development stormwater characteristics of a do not meet state water quality standards and
te; to reduce stream channel erosion, pollution, maintain the water quality of those waters which
siltation, sedimentation and flooding; to reduce meet or exceed state water quality standards.
stormwater pollutant loadings discharged to waters (a) The Department shall be the lead agency
to preserve or restore beneficial uses; to reduce the responsible for coordinating the statewide
loss of fresh water resources by encouraging the stormwater management program by establishing
reuse of stormwater; to enhance ground water goals, objectives and guidance for the development
recharge by promoting infiltration of stormwater in and implementation of stormwater management
areas with appropriate soils and geology; to programs by the Districts and local governments.
maintain the appropriate salinity regimes in (b) The Districts shall be the chief
estuaries needed to support the natural flora and administrators of the state stormwater
fauna; and to address stormwater management on a management program. Districts shall set regional
watershed basis to provide cost effective water stormwater management goals and policies on a
quality and water quantity solutions to specific watershed basis, including watershed stormwater
watershed problems. pollutant load reductions necessary to preserve or
(c) Inadequate management of stormwater restore beneficial uses of receiving waters. Such
throughout a watershed increases stormwater flows goals and policies shall be implemented through
and velocities, contributes to erosion and District SWIM plans, through preparation of
sedimentation, overtaxes the carrying capacity of watershed management plans in other designated
streams and other conveyances, disrupts the priority watersheds and through appropriate
functions of natural systems, undermines floodplain regulations.
management and flood control efforts in (c) Local governments shall establish
downstream communities, reduces ground water stormwater management programs which are in
recharge, threatens public health and safety, and is accordance with the state and District stormwater
the primary source of pollutant loading entering quality and quantity goals. Local governments may
Florida's rivers, lakes and estuaries, thus causing establish a stormwater utility or other dedicated
degradation of water quality and a loss of beneficial source of funding to implement a local stormwater
uses. Accordingly, it is a goal to eliminate the management program which shall include the
chargee of inadequately managed stormwater development and implementation of a stormwater
.,to waters and to minimize other adverse impacts master plan and provisions, such as an operating
on natural systems, property and public health, permit system, to ensure that stormwater systems
safety and welfare caused by improperly managed are properly operated and maintained.
stormwater. (3) Surface Water Management. The following
(d) It shall be a goal of stormwater management shall apply to the regulation of surface water
programs to reduce unacceptable pollutant pursuant to Part IV, Chapter 373, Florida Statutes.
loadings from older stormwater management (a) The construction and operation of facilities
systems, constructed before the adoption of which manage or store surface waters, or other
Chapter 17-25, F.A.C., (February 1, 1982), by facilities which drain, divert, impound, discharge
developing watershed management and stormwater into, or otherwise impact waters in the state, and
master plans or District-wide or basin specific rules. the improvements served by such facilities, shall
(e) The concept of developing comprehensive not be harmful to water resources or inconsistent
watershed management plans in designated with the objectives of the Department or District.
watersheds is intended not only to prevent existing (b) In determining the harm to water resources
environmental, water quantity, and water quality and consistency with the objectives of the
problems from becoming worse but also to reduce Department or District, consideration should be
existing flooding problems, to improve existing given to:
water quality, and to preserve or restore the values 1. The impact of the facilities on:
of natural systems, a. water quality;
(2) Stormwater Management Program b. fish and wildlife;
Implementation. As required by Section 403.0891, c. wetlands, floodplains, and other
F.S., the Department, Districts and local environmentally sensitive lands;
governments shall cooperatively implement on a d. reasonable-beneficial uses of water;
watershed basis a comprehensive stormwater e. recreation;
management program designed to minimize the f. navigation;
adverse effects of stormwater on land and water g. saltwater or pollution intrusion, including any
sources. All such programs shall be mutually barrier line established pursuant to Section
compatiblee with the State Comprehensive Plan 373.033, F.S.;
(Chapter 187, Florida Statutes), the Local h. minimum flows and levels established
Government Comprehensive Planning and Land pursuant to Section 373.042, F.S.; and
Development Regulation Act (Chapter 163, i. other factors relating to the public health,
Florida Statutes), the Surface Water Improvement safety, and welfare;
and Management Act (Sections 373.451-.4595, 2. Whether the facilities meet applicable design
F.S.), Chapters 373 and 403, F.S., and this chapter. or performance standards;
V. 9, p. 444-1 WATER POLICY 17-40.501
3. Whether adequate provisions exist for the stormwater management systems on a priority
continued satisfactory operation and maintenance basis as follows:
t of the facilities; and 1. Goals shall be developed according to the
4. The ability of the facilities and related schedule established by EPA for those waters
improvements to avoid increased damage to off-site receiving stormwater discharges from systems
property, water resources, natural systems or the required to obtain NPDES stormwater permits.
public caused by: 2. Goals shall be developed by 1994 for SWIM
a. floodplain development, encroachment or water bodies that have an adopted SWIM plan and
other alteration; that do not receive stormwater discharges from
b. retardance, acceleration or diversion of systems required to obtain NPDES stormwater
flowing water; discharge permits.
c. reduction of natural water storage areas; 3. Goals shall be developed for other watersheds
d. facility failure; or by 1996.
e. other actions adversely affecting off-site water These goals shall be considered in l
flows or levels. comprehensive plans submitted or updated in
(4) Minimum Stormwater Treatment accordance with Section 403.0891(3)(a), F.S.
(4) Performance Standards. tormwatr Treatment Specific Authority 373.026, 373.043, 403.061, 403.087
Performance Standards. S. Law Implemented 163.3161-163.3243, 186, 187,
(a) When a stormwater management system 373.016, 373.046, 373.114, Part IV, 373, 403.061,
complies with rules establishing the design and 403.0891 FS. History-New 2-20-91.
performance criteria for stormwater management
systems, there shall be a rebuttable presumption PART V WATER PROGRAM DEVELOPMENT
that such systems will comply with state water
quality standards. The Department and the 17-40.501 District Water Management Plan
Districts, pursuant to Section 373.436, F.S., shall (1) A s required by Section 373.03(4) F.
adopt rules that specify design and performance wt er m gement plan shll be prepared by
water management plan shall be prepared by each
criteria for new stormwater management systems District which is consistent with the provisions of
which: this Chapter and Section 373.036, Florida
1. Shall be designed to achieve at least 80 Statutes. The District Plan shall include an
percent reduction of the average annual load of assessment of water needs and sources for the next
pollutants that would cause or contribute to 20 years. The District Plan shall identify specific
violations of state water quality standards. geographical areas that have water resource
2. Shall be designed to achieve at least 95 problems which have become critical or are
percent reduction of the average annual load of anticipated to become critical within the next 20
pollutants that would cause or contribute to years. Identification of critical water supply
violations of state water quality standards in problem areas needed for imposition of reuse
Outstanding Florida Waters. requirements pursuant to Rule 17-40.401(5),
3. The minimum treatment levels specified in F.A.C., may be accomplished before publication of
subparagraphs 1. and 2. above may be replaced by the complete District Plan.
basin specific design and performance criteria (2) Based on economic, environmental, and
adopted by a District in order to achieve the technical feasibility analyses, a course of remedial
pollutant load reduction goals established in or preventive action shall be specified for each
paragraph (c). current and anticipated future critical problem.
(b) Erosion and sediment control plans detailing (3) Remedial or preventive measures may
appropriate methods to retain sediment on-site include, but are not limited to, water resource
shall be required for land disturbing activities, projects; water resources restoration projects
(c) The pollutant loading from older stormwater pursuant to Section 403.0615, Florida Statutes;
management systems shall be reduced as necessary purchase of lands; conservation of water; reuse of
to restore or maintain the beneficial uses of waters. reclaimed water; enforcement of Department or
The Districts shall establish pollutant load District rules; and actions taken by local
reduction goals and adopt them as part of a SWIM government pursuant to a Local Government
plan, other watershed management plan, or Comprehensive Plan, local ordinance, or zoning
District-wide or basin specific rules, regulation.
(d) Watershed management goals shall be (4) District Plans shall also provide for
developed by the District for all watersheds within identifying areas where collection of data, water
the boundaries of each District and shall be resource investigations, water resource projects, or
consistent with the SWIM Program and the EPA the implementation of regulatory programs are
National Pollutant Discharge Elimination System necessary to prevent water resource problems from
(NPDES) program. The primary purpose shall be becoming critical.
to reduce pollutant discharges from watersheds (5) By November 1, 1989, each District shall
such that the water quality in receiving waters is prepare a detailed plan of study for the preparation
restored or maintained consistent with applicable of the District Plan.
water quality standards. (6) District Plans shall be developed
(e) Watershed specific stormwater pollutant expeditiously and may be phased. All District Plans
load reduction goals shall be developed for older shall be completed no later than November 1, 1994.
17-40.601 DEPARTMENT C ENVIRONMENTAL REGULATION 9, p. 444-2
(7) At a minimum, District Plans shall be saltwater intrusion, flooding, drainage, or other
updated every five years after the initial plan water resource problems, prevent or threaten to
S-'velopment. prevent the achievement of reasonable-beneficial
.cific Authority 373.043 FS. Law Implemented uses, the protection of fish and wildlife, or the
189.4156, 373.036(4), 373.0391(2)(e), 403.064 FS. attainment of other water policy directives.
History-New 5-5-81, Formerly 17-40.09, Amended (7) The Department and Districts shall assist
12-5-88. Formerly 17-40.090, Amended 8-14-90, other governmental entities in the development of
plans, ordinances, or other programs to promote
Library References: Harper and Ross, The consistency with this Chapter and District water
Reasonable-Beneficial Test: Maximizing the Water nag nt n
Supply Pie Before Relinquishing the Last Piece, 64 Fla. management plans
Bar J. 68 (May 1990). (8) Duplication of water quality and quantity
permitting functions should be eliminated where
PART VI WATER PROGRAM appropriate through delegation of Department
ADMINISTRATION AND EVALUATION responsibilities to Districts.
(9) The Department and Districts should assist
17-40.601 Review and Application, educational institutions in the development of
(1) This Chapter shall be reviewed periodically, educational curricula and research programs which
but in no case less frequently than once every four meet Florida's present and future water
years. Revisions, if any, shall be adopted by rule. management needs.
(2) Within 12 months after adoption or revision Specific Authority 373.026, 373.043 FS. Law
of this Chapter, the Districts shall have revised Implemented 373.016, 373.033, 373.042, 373.106,
373.114 FS. History-New 5-5-81, Formerly 17-40.10,
their rules to be consistent with the provisions 373.114. History-Amended 1w 5-5-81 Formerly 7-40.10,
contained herein. 17-40.100, Amended 12-17-91.
(3) District rules adopted after this Chapter ANNOTATIONS
takes effect shall be reviewed by the Department Interdistrict water transfers
for consistency with this Chapter. Question: Does Department of Environmental
(4) At the request of the Department, each Regulation (D. E. R.) of State of Florida have statutory
District shall initiate rulemaking pursuant to authority to adopt administrative rule prescribing
Chapter 120, Florida Statutes, to consider changes procedure to be followed and guidelines to be observed by
Chapter 120 Florida Statutes to consider changes respective water management districts in considering
the Department determines to be necessary to interdistrict water transfers? District Court of Appeal
ure consistency with this Chapter. The answered in affirmative and denied county's petition for
department shall be made a party to the writ of prohibition. Statutory authority to allow such
proceeding. interdistrict diversions of water is necessarily implied in
(5) District water policies may be adopted grant to D. E. R. of statewide power to regulate
which are consistent with this Chapter, but which management of water resources and by specific legislative
take into account differing regional water resource authority to permit the transport and use of water
s a n "beyond overlying land, across county boundaries or
characteristics and needs outside the watershed from which it is taken." Political
(6) A District shall initiate rulemaking to boundaries are artificial divisions that may and
consider implementation of programs pursuant to sometimes should be transcended when planning for the
Sections 373.033, 373.042, 373.106, Part II, Part most beneficial use of state's water resources. Osceola
III, or Part IV of Chapter 373, Florida Statutes, County v. St. Johns River Water Management District,
where the Department or District determines that App., (5th) 486 So. 2d 616 (1986), afd, 504 So. 2d 385
present or projected conditions of water shortages, (1987).