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Nonpoint Source Program Legislative Authority

 

The Nonpoint Source Management Section operates under the following federal and state legislative authorities:

Stormwater (State)

  • Chapter 163, Local Govt. Comp Planning & Land Development Reg Act along with the implementing rule, 9J-5.
  • Chapter 187, State Comp Plan, which includes specific policies seeking the elimination of inadequately treated stormwater, including agricultural stormwater.
  • 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 the policy.
    • 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 DCA 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 assistance programs.

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 $200 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 SWIM.
  • 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.

Nonpoint Source Management Program
2600 Blair Stone Road  Mail Station 3570
Tallahassee, FL, 32399-2400
Phone (850) 245-7508

Last updated: September 21, 2011

  2600 Blair Stone Road M.S. 3500   Tallahassee, Florida 32399   850-245-8336 (phone) / 850-245-8356 (fax) 
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