Understanding and Overcoming Legal and Administrative Barriers to LID: A Florida Case Study

Beginning in 1990 the U.S. Environmental Protection Agency (EPA) expanded its National Pollution Elimination System (NPDES) to include certain stormwater flows and require an NPDES permit for such flows. The NDPES program added a permit requirement for additional stormwater systems in 1999. NPDES permits for regulated stormwater systems are subject to the Total Maximum Daily Load (TMDL) requirements of the Clean Water Act. The TMDL requirements place limits on the amount of pollutants of concern that can be approved by NPDES permits if a water segment does not meet its water quality standards. Florida laws for protection of water quality extend stormwater permitting well beyond the threshold required by federal law. Florida implements state water-quality protections through various statutes and rules, including the Environmental Resource Permit (ERP) programs of Florida's water management districts. The ERP programs require many proposed private development projects to secure permits that include review of their proposed stormwater systems. Both the federal permitting and Florida's ERP programs contain stricter regulatory requirements for proposed systems in an area with existing water quality violations.