Nonpoint Source Program Legislative Authority
The Nonpoint Source Management Section operates under the following federal and
state legislative authorities:
- Chapter 163,
Local Govt. Comp Planning & Land Development Reg Act along with the implementing rule,
- Chapter 187, State Comp Plan, which includes specific
policies seeking the elimination of inadequately treated stormwater, including
- Chapter 373, Part IV, and the implementing regulations of
the WMDs (MSSW/ERP Program). Also the SWIM Program which establishes stormwater pollutant
load reduction goals (PLRGs).
- Chapter 403
- 403.031 definitions include State Water Policy, Stormwater
Management Program, Stormwater Management System, Stormwater Utility, and Watershed.
- 403.061 Specific powers and duties include: (32) Coordinate
the state's stormwater management program. (33) Adopt by rule a state water policy...in
- 403.0891, State, Regional, and Local Stormwater Management
Plans and Programs, establishes the institutional framework for the stormwater program and
sets forth the responsibilities of the DEP, WMDs, and local governments. Requires us to
conduct a continuing review of the costs and effectiveness of stormwater
BMPs. It is to be
used to establish priorities, program goals, with the results to be made available on
request. Also requires DEP, in cooperation with
and local governments, to develop a model stormwater management program which includes
dedicated funding options.
- 403.0893, Stormwater Funding, authorizes the establishment
of stormwater utilities or stormwater management benefit areas.
- 403.0896 requires the development of training and technical
Nonpoint Source (Federal)
- Section 208,
CWA: The original citation requiring states to assess the impacts of nonpoint source
pollution and the program under which much of the basic research on the problem and the
effectiveness of best management practices was performed.
- Section 319,
CWA: Enacted in 1987, requires states to
conduct a statewide NPS assessment and to submit a state NPS management plan/program to
EPA for approval. Currently funded at
million per year for grants to states to implement their NPS management programs. We have
received over $30 million in grant funds since 1989, much of which is matched through
- Section 6217,
CZARA: Enacted in 1990, requires states to
prepare a Coastal NPS Control Program which implements programs that are consistent with
the federally adopted management measures. Establishes penalties (loss of 319 and CZM
grant funds) for states which do not implement a program.
Nonpoint Source (State)
- All of the stormwater authorities listed above.
- Chapter 381, F.S., and chapter 10D-6,
FAC, for on-site
wastewater disposal systems.
2600 Blair Stone Road Mail Station 3570
Tallahassee, FL, 32399-2400
Phone (850) 245-7508