Chapter 27. POLLUTION CONTROL

Article V. WATER RESOURCE MANAGEMENT

§ 27-200. Criteria for issuance or denial of licenses.

Latest version.

(a)

Domestic wastewater:

(1)

Sanitary sewer collection/transmission systems:

Scope/Intent/Purpose of License for installation of wastewater collection/transmission system:

It is the policy of the EPGMD to encourage an applicant, prior to submittal of a license application, to study and evaluate alternative techniques and to discuss alternatives with EPGMD.

EPGMD encourages inclusion of relevant public health, economic, scientific, energy, engineering, and environmental considerations in such evaluations. The licensee shall take measures to prevent unauthorized entry to the facilities.

EPGMD encourages environmentally acceptable alternatives that provide the most economic and energy efficient methods of complying with the requirements of this Article.

These Articles shall be liberally construed to assure that all waters of the county shall be free from components of wastewater discharges which, alone or in combination with other substances, are acutely toxic; are present in concentrations that are carcinogenic, mutagenic, or teratogenic to humans, animals, or aquatic species; or otherwise pose a serious threat to public health, safety, and welfare.

This Article is intended to provide minimum design and operation and maintenance standards for domestic wastewater collection/transmission systems. Systems shall be designed in accordance with sound engineering practice. Supported by moderating provisions, it is intended that this Article and Chapter 62-604, F.A.C., establish a framework whereby design flexibility and sound engineering practice can be used in developing systems with which to collect and transport domestic wastewater in an environmentally sound manner.

As appropriate, this Article shall be used in conjunction with other Articles in Chapter 27, the State of Florida and DEP rules relating to the design and operation and maintenance of domestic wastewater collection/transmission systems.

Technical requirements:

The technical standards and criteria contained in the following standard manuals and technical publications listed in 4. below and those referenced throughout this Article are hereby incorporated by reference and may be applied, if applicable, in determining whether licenses and licenses to construct or modify collection/transmission systems shall be issued or denied.

Deviations from the standards and criteria contained in the publications listed in 4. below may be approved provided that the engineer's report provides reasonable assurance that the proposed design will provide collection/transmission meeting the requirements of this Article, or

Conforming with these standards cannot be done except at unreasonably higher costs, or

It is not technically feasible to conform to these standards because of site conditions or incompatibility with a proposed facility design employing new and innovative techniques which assure compliance with the remainder of this article.

EPGMD may require deviation from the standards and criteria contained in the publications listed in 4. below upon a finding that conformance to them will not assure compliance with the remainder of this Article or other Articles.

Standard manuals and publications:

American Society of Civil Engineers and the Water Environment Federation, Gravity Sanitary Sewer Design and Construction, Second Edition, 2007.

Water Environment Federation, Design of Wastewater and Stormwater Pumping, MOP FD-4, 1993.

Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, Recommended Standards for Wastewater Facilities, editions 1998 and 2004.

United States Environmental Protection Agency, Process Design Manual for Sulfide Control in Sanitary Sewerage Systems, 1974.

United States Environmental Protection Agency, Design Manual: Odor and Corrosion Control in Sanitary Sewerage Systems and Treatment Plants, 1985.

Office of Water Programs, California State University Sacramento, Operation and Maintenance of Wastewater Collection Systems, Volumes 1 and 2, 6th Edition, 2003.

Those manuals and publications listed in Section 62-604.300, F.A.C., as amended.

Design/performance considerations:

New collection/transmission systems and modifications of existing systems for which construction licenses are required shall be designed:

In accordance with this Article.

To be located on public rights-of-way, land owned by the licensee, or easements.

To preclude the deliberate introduction of stormwater runoff, air conditioning system condensate water, closed system cooling water, and sources of uncontaminated wastewater.

Notwithstanding any standards contained in references listed in paragraph 4. above, gravity sewer design shall provide a minimum flow velocity of two (2) feet per second when the pipe is flowing full or half full.

The velocity shall be computed using the following parameters:

Use the Manning equation.

For Vitrified Clay Pipe (VCP) or Ductile Iron Pipe (DIP), use an n factor of 0.013.

For Polyvinyl Chloride (PVC) pipe, use an n factor of 0.012.

For all other materials, the design engineer shall select the appropriate n factor, substantiate his or her selection and submit it to the county staff for approval. In no case shall an n factor of less than 0.012 be selected.

The following table shows the slopes calculated in accordance with the above stipulations.

	SLOPES VCP/DIP	PVC
Pipe Size	n = 0.013	n = 0.012
8″	0.33%	0.28%
10″	0.25%	0.21%
12″	0.20%	0.17%
15″	0.15%	0.12%
18″	0.11%	0.10%
21″	0.09%	0.08%
24″	0.08%	0.07%

The upper four hundred (400) feet of pipe shall be laid at slopes not less than 0.4 %. This requirement for the upper four hundred (400) feet may be waived if site-specific conditions show it to be unnecessary. The following table shows the slopes calculated in accordance with the above stipulations.

Pipe Size	Slope
8″	0.40%
10″	0.28%
12″	0.22%
15″	0.15%
18″	0.12%
21″	0.10%
24″	0.08%

In addition to the above, all designs shall be accomplished in accordance with DEP rules presented in Chapter 62-604, F.A.C., in effect at the time of this modification and DEP design criteria.

(2)

Reuse distribution/application systems:

General: All systems designed to provide for the beneficial use of reclaimed water, land application or direct discharge to ground water as defined by Chapter 62-610, F.A.C., will, at a minimum, meet all requirements of Chapter 62-610, F.A.C. All wastewater treatment plants that provide effluent as a source for reclaimed water production will implement an industrial pre-treatment program according to EPA requirements (40 C.F.R. Chapter I, subchapter N) and Rule 62-610.330, F.A.C. All reuse systems shall provide an alternative means for disposal for 100% of the design flow unless license conditions indicate otherwise. Operation and maintenance requirements and operating protocols for all reuse systems shall meet or exceed the requirements of Rule 62-610.320, F.A.C., which are incorporated by reference, and in effect at the time of adoption of this Article.

Protection of surface water and ground water quality: Reuse and land application projects shall be designed and operated to comply with appropriate water quality standards contained in Section 27-195. Reuse and land application projects shall not cause or contribute to violations of the appropriate water quality standards in Section 27-195. The engineering report shall provide reasonable assurances that the water quality standards in Section 27-195 will be met. If appropriate water quality standards cannot be met prior to the point of discharge, additional treatment or disinfection shall be provided or other operational control measures shall be implemented. Additional requirements for selected reuse alternatives are provided below or may be stipulated on a case-by-case basis.

Ground water monitoring: Ground water monitoring program for all reuse systems shall be consistent with the requirements of Rule 62-610.412, F.A.C., as amended, which is incorporated by reference, and as follows:

Ground water monitoring shall test for primary and secondary drinking water standards, Chapter 62-550, F.A.C., as amended, in addition to the parameters required by or referred to in Rule 62-601.700, F.A.C., as amended. Testing in situ shall be monthly for the first six months of operation, quarterly for the next six quarters, and annually thereafter. After two years of operation, the parameters and frequency for ground water monitoring shall be as required in Rule 62-601.700, F.A.C., as amended.

Where reclaimed water is applied to multiple sites permitted for Slow-Rate Land Application with Public Access, Subsection 27-200(a)(2)d, one or more of the sites (representative of each site's hydrogeological characteristics, soil characteristics, vegetative cover, and application method, etc.) shall be selected by the applicant and approved by EPGMD as the model site(s) for ground water monitoring.

Where holding ponds for system storage are part of the reuse system, additional monitoring wells adjacent to unlined ponds shall be required.

Where there are direct discharges to ground water, including but not limited to ground water recharge by direct injection and unlined storage ponds, a definitive acute bioassay toxicity (LC ₅₀ ) test shall be conducted to determine the presence of toxicant in the reclaimed water or wastewater. The toxicity test may use treated wastewater that is at least dechlorinated; an invertebrate species for the forty-eight (48) hour test and a vertebrate species for the ninety-six (96) hour test, and have a salinity of twenty (20) parts per thousands (ppt) if using a marine species. Test species shall be approved by EPGMD. Testing shall be monthly for the first six months of operation, quarterly for the next six quarters, and annually thereafter.

If mortality at 30% effluent is greater than 50% for either, the ninety-six (96) or forty-eight (48) hour test, confirmation procedures shall be initiated. Confirmation shall be demonstrated with a retest, using the same species, within two weeks. The test will be repeated a third time if the second test confirms the first. Any uncompensated variables, such as ammonia, may be controlled in the confirmation tests. If potential toxicity is confirmed on any of the tests, an appropriate cause of action, including toxicant identification shall be agreed upon by the applicant and EPGMD.

Slow-rate land application systems with public access areas: Requirements for the use of reclaimed water for public access irrigation systems as defined by Rule 62-610.450, F.A.C., as amended, shall be as follows:

Systems shall meet or exceed all applicable requirements of Chapter 62-610, F.A.C., as amended, which are incorporated by reference.

Reclaimed water shall not exceed 450,000 µg/l of chloride unless reasonable assurance is provided that there will not be any on-site and/or off-site impacts resulting from using reclaimed water with chloride levels greater than 450,000 µg/l. The licensee shall be responsible to remedy any on-site and/or off-site impacts resulting from using reclaimed water with chloride levels greater than 450,000 µg/l. Impacts include, but are not limited to, chloride build-up in soils, excessive chloride levels in stormwater run-off, and damage to landscaping (plants).

Unlined storage ponds may be utilized if designed and operated so that the seepage loss, less evaporation is less than three (3) inches per week. The engineering report shall demonstrate that storage ponds will perform as designed under extreme (high and low) ground water conditions. If ponds are unable to meet these criteria, then unlined ponds shall only be allowed provided that the reclaimed water meets the requirements of Rule 62-610.525, F.A.C., as effective on the date of the approval of this Article. Unlined storage ponds shall not be allowed in Zone 1 or Zone 2 as defined by Wellhead Protection, Section 27-376. All other storage or holding ponds shall be lined.

Slow-rate land application systems with restricted public access: Slow-rate land application systems with restricted public access, as defined by Rule 62-610.400, F.A.C., as amended, shall be as follows:

Systems shall meet or exceed all applicable requirements of Chapter 62-610, F.A.C., as amended, which are incorporated by reference.

All system storage ponds shall be lined.

Application rates shall not exceed two (2) inches per acre per week.

Rapid-rate land application systems: Rapid rate reuse land application systems must meet or exceed the requirements of Rule 62-610.525, F.A.C., as amended, which are incorporated by reference, and as follows:

System storage is not required for rapid-rate land application systems. However, it should be demonstrated that percolation ponds or rapid infiltration basins will function under high ground water conditions and that reclaimed water storage or other discharge provisions are not required.

Where holding ponds for system storage are required for reclaimed water storage, such ponds are subject to Rule 62-610.830, F.A.C., as amended; however, the holding ponds shall not be part of the surface water management system.

All reclaimed water shall meet the treatment requirements prior to discharge to reuse system.

Other land application systems: Other land application systems including overland flow as defined by Rule 62-610.610, F.A.C., as amended, will be considered on a case-by-case basis. Other land application systems must meet or exceed the requirements defined by Subsection 27-196(b) and Rule 62-610.610, F.A.C., as amended, which are incorporated by reference.

Ground water recharge by direct injection: The direct injection of reclaimed water into Class F-I, G-I, or G-II shall be considered ground water recharge. Reuse systems shall meet or exceed the applicable requirements of Rules 62-610.560 and 62-600.540(2), F.A.C., as amended, which are incorporated by reference. Treatment standards shall meet the requirements of Rule 62-600.420(2), F.A.C., as amended.

Wetlands: The use of reclaimed water for environmental enhancement will be according to Chapters 62-610 and 62-611, F.A.C., as amended, which are incorporated by reference.

Industrial reuse applications: Reclaimed water can be used for industrial applications that do not meet Chapter 62-610, F.A.C., as amended, standards if not discharged to ground water. Reuse systems must meet or exceed the requirements of Rule 62-610.650, F.A.C., as amended, which are incorporated by reference.

Demonstration projects: Demonstration projects utilizing reclaimed water may be granted under Section 27-1 for the purpose of gathering data on the feasibility of alternative reuse methods or deviations from the requirements stated in this Article. It is the intent of this Section to provide a means for exploring the environmental and economic viability of reuse alternative methods that may not otherwise be licensed and to utilize the data produced by demonstration projects to provide criteria by which to regulate reuse distribution and application systems. In addition to the variance criteria in Article I, the following conditions shall apply:

Demonstration projects are not intended to be part of a wastewater treatment plant's primary disposal system.

Demonstration goals shall be achieved through abatement mechanisms other than dilution.

Demonstration projects designed to create fresh water barriers to impede landward or upward migration of saltwater shall provide reasonable assurance in the engineering report that direct injection into the aquifer will not detrimentally impact or pose a threat to public water supply wells and shall conduct full scale testing as per Rule 62-600.540(3), F.A.C., which are incorporated by reference.

(b)

Surface water management:

(1)

General criteria: No surface water management license shall be issued in the absence of reasonable assurances by the applicant that the surface water management system:

Provides adequate flood protection and drainage, without causing overdrainage.

Will not cause adverse water quality and quantity impacts on receiving waters and adjacent lands regulated pursuant to Chapter 373, Florida Statutes, as amended.

Will not cause discharges which result in any violation, in surface waters of the State of Florida, of the standards and criteria of Chapter 62-302, F.A.C., and other Sections of this Article.

Will not cause adverse on-site or off-site impacts on surface water and ground water levels and flows, including impacts to sources of water supply and wetland hydrology.

Can be effectively operated and maintained.

Will not adversely affect public health and safety.

Is consistent with the requirements of other public agencies.

Is consistent with the state water policy, Chapter 62-40, F.A.C.

Will serve a proposed land use which:

For letters of conceptual approval, is compatible with the land use element of the affected local government's comprehensive plan, or with the existing zoning of the area, except when a conceptual approval application has been filed concurrently with a DRI application for ADA and a local government comprehensive plan amendment, pursuant to Subsection 380.06(9)(a)1, Florida Statutes, as amended.

For construction/operation licenses, is compatible with:

The affected local government's comprehensive plan.

The existing land use and zoning of the site.

For any DRI, the final approved (all appeals resolved or all appeal times expired) local government DO.

For a DRI with a signed preliminary development agreement with the DCA, pursuant to § 380.06(8), F.S. which allows a specified portion of the proposed development to proceed prior to the issuance of a local government DO:

Is compatible with the existing government's comprehensive plan and the existing land use and zoning for the site.

Provides a surface water management system for that portion of the site approved for development which is able to operate separately from the surface water management system for the balance of the project site and still meet applicable EPGMD criteria.

Meets any applicable basin criteria in Chapter 40E-41, F.A.C.

Will not otherwise be harmful to the water resources of the county or the state.

Will not interfere with the legal rights of others.

Is not against public policy.

Will meet the general and specific criteria in this chapter.

All new drainage projects will be evaluated based on the ability of the system to prevent degradation of receiving waters and the ability to conform to state water quality standards (see Chapter 62-302, F.A.C., as amended), and Broward County water quality standards in this Article.

There are areas within the county where water quality considerations are extremely important because of the sensitivity of the area. These areas include:

Outstanding Florida waters as defined in Chapter 62-302, F.A.C., as amended.

Zones of influence of wellfields.

Local Areas of Particular Concern (LAPC).

Designated urban wilderness areas.

Wetland mitigation and/or conservation areas.

Area in Western C-9 Basin identified as the East Coast Buffer and canals that back-pump water. Where these areas are to receive stormwater discharges, the license application shall include the methods to be used to mitigate adverse impacts of such activities. New developments which plan to utilize these areas for discharge of stormwater will be given more detailed evaluation by EPGMD.

Before an application will be approved for the issuance of a construction and/or operation license, the proposed land use must be compatible with the local government's comprehensive plan and must have received the appropriate zoning approvals.

For projects which are or presumptively may be a DRI pursuant to § 380.0651, F.S. a final approval (all appeals resolved or all appeal times expired) DO must have been issued by the affected local government. Exceptions to this requirement may be allowed in the following situations:

When the applicant has a signed preliminary development agreement with the DCA which allows a specified portion of the proposed development to proceed prior to the issuance of a DO, pursuant to § 380.06(8), F.S.; or

When the applicant has received a binding letter of interpretation determination from the DCA which finds that the project is not required to comply with the DRI review requirements of § 380.06, F.S.; or

When the applicant has applied for conceptual agency review concurrently with the filing of a DRI ADA, and a local government comprehensive plan amendment pursuant to § 380.06(9)(a)1, F.S.

Will not cause adverse environmental impacts. The process for determining environmental impacts will consist of a review of the anticipated impacts of the proposed works on (1) the water resources, including wetlands, of the county and the state and (2) natural upland systems. EPGMD staff will identify the significant environmental features of the project which are directly related to the water resources of the county, evaluate the impact of the project on these water resource related environmental features and make specific recommendations as to the issuance or denial of the license based upon the evaluation. EPGMD staff will separately identify the environmental features of the project which are indirectly or not related to the water resources of the county, and evaluate the impacts of the project on the non-water-resource related environmental features. The evaluation of environmental impacts shall generally be conducted accordingly:

Information utilized in the review will include application information such as aerial photographs, topographic maps and development plans, as well as relevant information from such other sources as site inspections, file data from previous applications on this site and adjacent sites, related studies, relevant information from other agencies, and meetings with the applicant, etc.

At the request of an applicant or potential applicant, the staff will conduct a site inspection, at a mutually convenient time.

If necessary, staff will independently inspect the site to determine environmental features. Adverse impacts will not be reported or concluded without a site inspection.

Preapplication meetings are encouraged, as are submissions of optional explanatory information, which may be useful to the staff in its review.

Impacts will be evaluated according to the categorization of environmental features which follows:

Environmental features directly related to the water resources, such as:

Wetlands.

Water bodies.

Environmental features which may be indirectly related to the water resources, such as:

Intermittent ponds.

Areas consisting of productive mixed upland and/or wetland systems with appropriate buffer areas.

Environmental features which are not related to the water resources, such as unique upland habitats, usually consisting of tropical hardwood tree hammocks, sand pine scrub, slash pine flatwoods, high hammocks and beach dunes.

Preferred habitat for rare or endangered species of plants or animals will be identified.

The actual impact resulting from changes to the natural site will be predicted by considering the existing natural system as altered by the proposed project. It is recognized that the variety of actions associated with a project may result in both positive and negative environmental impacts. The staff, therefore, will balance both the positive and negative impacts of the project to achieve a reasonable degree of protection for significant environmental features consistent with the overall protection of the water resources. A surface water management license will not be denied based solely on unrelated environmental impacts, unless those environmental impacts prevent the water management works, or project to be served by the works, from being developed under applicable federal, state, district or municipal regulations.

(2)

Phased project criteria: In addition to the criteria listed in Subsection (1) of this Section, no surface water management license shall be issued for a phased project in the absence of reasonable assurances by the applicant that the surface water management system will:

Ensure continuity between phases.

Satisfactorily complete individual phases should the project be incomplete as planned.

Preserve adjacent property owner's rights. This includes adjacent property owners created by the sale of incomplete phases.

(3)

License application review procedure:

Completeness of application: Within thirty (30) days of receipt of an application, EPGMD shall review the application to determine whether all information needed to evaluate the application has been submitted. The application for a license is complete when it contains all documents and signatures required by Section 27-199(c)(2) and is accompanied by the appropriate license fee. EPGMD shall notify the applicant of the date on which the application is declared complete.

Request for additional information: If EPGMD determines that the application is incomplete, EPGMD shall request the information needed to complete the application within thirty (30) days of its receipt. The applicant shall have ninety (90) days from the receipt of the timely request for additional information to submit the information to EPGMD. EPGMD may request information needed to clarify any additional information submitted by the applicant, or to answer new questions raised by or related to the additional information within thirty (30) days of its receipt. Such a request by EPGMD shall include a request for any additional information that was previously requested and not received. The applicant shall have thirty (30) days from the receipt of such a request in which to provide the necessary information. If the application is still incomplete after such information is submitted, EPGMD shall notify the applicant within thirty (30) days. The applicant shall have an additional thirty (30) days to complete the application.

Incomplete applications: Failure of an applicant to provide the timely requested information within these time frames shall be considered grounds for denial of the application. Denial of an application for lack of completeness is without prejudice to the applicant's right to file a new application on the same subject matter. EPGMD may grant an extension upon showing a good cause by the applicant. Unless an extension of time has been granted by EPGMD, any application which remains incomplete 240 days after the original submittal date shall be denied without prejudice.

License review: Within ninety (90) days from receipt of a complete application, EPGMD will review and take one of the following actions:

Issue the appropriate license.

Deny the application.

Defer action according to the terms of a waiver received from the applicant waiving the ninety (90) day review period.

(4)

License duration:

Construction phase of the license: Licenses will become invalid two (2) years from date of issuance if work has not begun on a licensed project unless other provisions have been made with EPGMD. EPGMD must be notified in writing before construction commences or re-commences after a period of construction suspension longer than sixty (60) days. EPGMD must be notified in writing if construction is suspended for a period longer than sixty (60) days. Licenses will become invalid upon suspension of work in excess of one hundred eighty (180) days on any licensed work unless an extension has been granted by EPGMD. If the licensee wishes to begin, continue, or resume work after license expiration, a new license must be obtained which will be reviewed in accordance with all current conditions and regulations, and which will require new plan approval. A new license fee will be charged for the incomplete portion only. The construction phase of the license will expire upon completion of the licensed work and acceptance of the installation.

Operation phase of the license: Water management works shall require a license for as long as operation continues. Licenses shall be issued for a specific period of time not to exceed five (5) years. License renewals shall be as provided in Article I of this Chapter. However, where subsequent studies or technical developments show that an existing water management works presents a hazard to the health, safety or welfare of the public or the environment, license conditions may be modified or revoked by EPGMD.

(5)

Design criteria:

Water quantity:

General: These regulations refer in common engineering language to flood and drought frequency impacts interchangeably with rainfall frequency. The applicant is cautioned, however, that water resource impacts are of interest in the licensing process, and that additional calculations may be required to identify other combinations of site conditions and rainfall frequencies which might result in impacts of the specified frequency. Examples include designs affected by spring tides, fluctuating tides, and fluctuating receiving water stages.

Discharge rate: Off-site discharge rate is limited to rates not causing adverse impacts to existing off-site properties. In determining these amounts, the factors which follow will be taken into consideration:

Historic discharge rates.

Rates determined in previous EPGMD and/or SFWMD permit actions.

An acreage ratio, based on project size, of the amounts specified in EPGMD and/or SFWMD criteria. Plate WM 1.1 shows the drainage divides for the canal basins and plate WM 1.2 lists the allowable discharge rate. Unless otherwise specified, a storm event of 3-day duration and 25-year return frequency shall be used in computing off-site discharge rate. Allowable discharge rates will be designated by EPGMD on a case-by-case basis upon request.

Criteria:

Design storms/rainfall: The design storms adopted herein are to be applied in all areas. In isolated areas where natural ground elevations are higher than the elevation indicated on the 100-year flood elevation map plate WM 13.1 for that project area, a pre-development and post-development 100-year, 3-day flood stage calculation shall be done. In such areas, flood stages shall not exceed the pre-development flood stage. The design rainfall or storm frequency as used in this Section should not be confused with flood frequency or with rainfall intensity as used in the design of third order drainage (storm sewer systems). It is the intention of the county that the rainfall or storm frequency be utilized to determine economical sizes of local drainage facilities to prevent undue amounts and duration of flooding. Therefore, these standards are to be applied in all minimum flood criteria elevations. The frequencies listed are for the design of local drainage facilities, and are not applicable to culverts or crossings in the main secondary canal systems. The sizing of these structures will be by the agency responsible for the system. Designs shall include flood routing calculations based upon the 3-day duration, 10-year return frequency storm event, plate WM 1.3, for establishing minimum road elevations, when applicable, the 3-day duration, 25-year frequency storm event, plate WM 1.4, and the 3-day duration 100-year return frequency storm event, plate WM 1.5.

Antecedent conditions: Ground water and surface water stages antecedent to a design event shall be the higher of the average wet season water levels or the applicable control elevations. Plate WM 2.1 may be used for determining the average wet season ground water levels for use in calculating a design event for existing projects, except for applications for major redevelopment as defined in Section 27-192 or for a major modification to a surface water management license. Plate WM 2.1 - Future Conditions shall be used for determining the average wet season ground water levels for use in calculating a design event for new applications for a surface water management license, applications for major redevelopment of existing sites, and applications for major modifications to existing surface water management licenses submitted after June 30, 2017.

Flood protection: The lowest habitable building finished floor elevation shall be above the 100-year flood elevations, as determined from the most appropriate information, including federal flood insurance rate maps, the 100-year flood elevation map, plate WM 13.1, or 100-year flood elevations established by previously approved basin studies for local water control districts with self-contained water management systems. However, nonresidential buildings may be constructed at lower elevations if they are shown to meet the Federal Emergency Management Agency's standards for flood proofing. Both tidal flooding and the 100-year, 3-day storm event shall be considered in determining elevations. Where a conceptual comprehensive drainage plan has been approved, each phase shall provide detailed plans and calculations indicating compliance with the approved conceptual comprehensive drainage plan (i.e., minimum floor elevations, building size, average finished grade, and the required retention/detention volume).

In no instance shall the calculated development 10-year, 3-day flood stage elevations exceed the elevations shown in plate WM 12.1.

When existing development is below the applicable established 10-year, 25-year, or 100-year flood elevations, no new development shall cause the applicable 10-year, 25-year and 100-year flood elevations to exceed the then existing predevelopment flood elevations.

The minimum allowable road crown elevations of county roads and roads in areas without minimum road elevation criteria, constructed within rights-of-way no wider than sixty (60) feet, are depicted on plate WM 12.1 unless otherwise determined by EPGMD. In each basin, the minimum roadway crown elevation should be at least two (2) feet higher than the project control elevation, where needed to protect the road subgrade.

Functionally classified county roads, unincorporated area county roads, and roads in areas without a minimum road elevation criterion, constructed within rights-of-way wider than sixty (60) feet, shall be designed so the ultimate curb edge of pavement is no lower than the applicable elevation in plate WM 12.1 unless otherwise determined by EPGMD.

Private roads and parking lots may be designed to flood during storms of greater intensity than a 5-year storm.

Floodplain encroachment: No net encroachment into the floodplain, between the average wet season water table and that encompassed by the 100-year event (see plate WM 13.1), which will adversely affect the existing rights of others, will be allowed.

Minimum drainage:

Residential projects shall have systems with the calculated ability to discharge by surface flow or subsurface percolation at least three-eighths ( 3/8 ) inch per day during or subsequent to the storm of the allowable discharge frequency and duration (see paragraph 3.a) of this subsection (5), so that lowering of the water surface elevations within the water management system to the maximum depth compatible with the environmental protection or other constraints as described in 3(q) will occur in twelve (12) days or less.

Commercial and industrial projects to be subdivided for sale, where the initial licensee will not build the entire system, are required to have installed by the licensee as a minimum:

(aa)

The required water quality system for one (1) inch of runoff detention or one-half (½) inch of dry runoff retention in the master system for the total developed site. The individual sites must provide the remainder (2.5 inches × % impervious − one (1) inch) which may be in exfiltration trench. The master system must be in a legally defined common area. The master system cannot utilize exfiltration trench.

(bb)

A stormwater collection and conveyance system to inter-connect the retention/detention systems with the outfall, with access points to the system available to each individual lot or tract. The system shall be sized to limit discharge under design conditions to the allowable discharge. Projects licensed in such manner may require deed restrictions which identify to lot or tract purchasers the amount of additional on-site stormwater management system necessary to provide flood protection for specific design events and any additional retention/detention required for water quality purposes, and the assumed percentage impervious, or impervious area used in design calculations.

Commercial projects to remain as single-owner projects may be licensed, with the approval of local government, to lesser degrees of flood protection than required by EPGMD standards. In no case, however, will the lesser standards be applicable to water quality, off-site discharge or building floor protection. Projects licensed in such manner will contain special conditions, as notice to the licensee and local government, that a substandard design has been licensed.

Residential construction with ten (10) or less parking spaces in Broward County may be approved subject to the following conditions:

(aa)

The lowest habitable floor elevation shall be at or above the 100-year flood elevations as determined by the 100-year flood criteria map (Plate WM 13.1), the Federal Flood Insurance Rate maps, or eighteen (18) inches above the adjacent road crown, whichever is highest.

(bb)

There shall be no runoff allowed to adjacent rights-of-way or property.

(cc)

The percentage of swale adjacent to the public right-of-way fronting a lot/parcel that may be paved with any type of impervious material shall not exceed thirty percent (30%) of the lot/parcel frontage unless positive drainage exists or the property owner provides and maintains additional sub-surface drainage facilities in accordance with Sections 31-48 through 31-56.

Over drainage and water conservation: surface water management systems shall be designed to attempt to:

Maintain the water table in existing wellfield cones of depression.

Preserve site environmental values (see Subsections 27-200(b)(1)o. and r.5.c)).

Maintain water tables no more than six (6) feet below natural ground.

Not waste fresh water.

Not lower water tables which would adversely affect the existing rights of others.

Preserve site ground water recharge characteristics.

Historic basin storage: Provision must be made to replace or otherwise mitigate the loss of historic basin storage provided by the project site.

Off-site lands: On-site diversion swales, dikes, etc., may be necessary to allow the passage of drainage from off-site upland areas to downstream areas. Diking of project development areas may be necessary to contain water at or above stages identified in the project discharge computations.

Water supply sources: An evaluation of the impact of the proposed surface water management system on sources of water supply must be submitted with the surface water management application. Cumulative impacts which may result from the construction and operation of the proposed surface water management system must be evaluated in conjunction with the cumulative withdrawals of existing legal uses of water.

Water quality:

Standards: Projects shall be designed and operated so that off-site discharges will meet State of Florida water quality standards, as set forth in Chapter 62-302, F.A.C., and water quality standards as set forth in this chapter.

Retention/detention criteria:

Retention and/or detention in an overall system, including swales, lakes, canals, greenways, etc., shall be provided for. One (1) of the three (3) following criteria or equivalent combinations thereof shall be met. (Note: Plate WM 10.1 may be utilized where the conditions therein can be met.)

Wet detention volume shall be provided for the first inch of runoff from the developed project, or the total runoff of two and one-half (2½) inches times the percentage of imperviousness, whichever is greater.

Dry detention volume shall be provided equal to seventy-five (75) percent of the above amounts computed for wet detention.

Dry retention volume shall be provided equal to fifty (50) percent of the above amounts computed for wet detention. Retention volume included in flood protection calculations requires a demonstration of guarantees of long-term operation and maintenance of system bleed-down ability. This must normally consist of proof of excellent soil percolation rates (example: coastal ridge sands) or an operations entity which specifically reserves funds for operation, maintenance, and replacement.

Commercial or industrial zoned projects shall provide at least one-half (½) inch of dry detention or retention pre-treatment as part of the required retention/detention.

Systems with inlets in grassed areas will be credited with up to two-tenths (0.2) inch of the required wet detention amount for the contributing areas. Full credit will be based on a ratio of 10:1 impervious area (paved or building area) to pervious area (the grassed area) with proportionately less credit granted for greater ratios.

Projects having greater than forty (40) percent impervious area and which discharge directly to sensitive receiving water shall provide at least one-half (0.5) inch of dry detention or retention pretreatment as part of the required retention/detention. Such receiving waters are defined as:

Water bodies designated as Class I or II waters by DEP.

Outstanding Florida waters as defined in Chapter 62-302.700, F.A.C.

Water bodies within a permitted public supply wellfield cone-of-depression which are not separated from the aquifer by strata at least ten (10) feet thick, having an average saturated hydraulic conductivity of less than one-tenth (0.1) foot per day; where the cone of depression is defined by Broward County Wellfield Protection Ordinance contour for Zone 3.

Water surface and roofed areas can be deducted from site areas only for water quality pervious/impervious calculations. The water surface area meeting dimensional criteria may also be subtracted from the total site area when making final water quality treatment volume calculations.

Water quality requirements may be reduced for widening of urban public highway projects. Detailed documentation, including cost analysis, of all treatment and alignment alternatives considered will be required. This paragraph shall not be interpreted to conflict with § 373.4596, F.S.

High-density projects: Projects which have more than forty (40) percent impervious area may be required to use retention rather than detention, depending on such variables as:

Sensitivity of receiving water.

Soils.

Arrangement of on-site facilities.

Projects located within zones of influence of wellfields: Retention/detention area locations shall not reduce hydraulic recharge distances to public water supply wells in excess of two (2) percent, nor shall wet retention/detention areas be closer to public water supply wells than three hundred (300) feet.

Solid waste facilities:

Surface water management systems for class I, II and III solid waste facilities, as defined by Chapter 62-701, F.A.C., shall be so designed, constructed, and operated as to maintain the integrity of the landfill at all times (during construction, operation, closure and post closure) in accordance with Article VI of this code. Applicant must provide assurances that:

All flows will be conveyed at non-erosive velocities.

The project is designed to minimize erosion.

Design features in support of this requirement may include but not be limited to:

Slopes adequate to promote runoff but not affect slope stability.

Intermediate benches or swales which reduce runoff velocities and limit erosion.

Vegetation of closed portion of landfill.

Class I, II, and III landfill projects shall provide adequate assurance that leachate will not enter the surface water management system. This assurance may be provided through affirmative demonstration that the requirements of Chapter 62-701, F.A.C., for design and emplacement of liners, leachate collection systems, and treatment and disposal of leachate will be met.

Borrow pits shall not be included in the surface management system unless the applicant can affirmatively demonstrate that leachate will not enter the borrow pit, and that the provisions of Chapters 62-302 and 62-4, F.A.C., will be met.

Dewatering operations at active, unlined landfills will not be permitted.

For Class I, II and III landfills there may be required one (1) or more of the following additional Best Management Practices (BMPs):

Detention in excess of the quantities stated in Section 27-200(b)(5)b.2.

Dry detention areas.

Dry conveyance swales with adequate dimensions to permit maintenance.

Filter mechanisms for additional water quality enhancement prior to discharge.

Skimmers in front of discharge structures to restrict discharge of floatable materials.

Screw gates on water control structures capable of restricting discharge of poor quality surface water.

Vegetation of appropriate portions of the water management system, including but not limited to conveyance swales.

To provide information for assessing the need for BMPs at a specific site, a hydrogeologic investigation will be required that should, at a minimum, provide information on:

The hydrogeologic properties of the formation underlying the landfill, including aquifer and characteristics, ground water elevations and direction and rate of ground water flow.

Location of existing wells within one-half (½) mile of the site perimeter.

Locations and specifications of existing or proposed monitor wells.

Location and chemical composition of any known leachate plumes.

Applicants should consult with county staff to determine the specific requirements which will apply for a particular project.

Use of natural areas and existing water bodies: Natural areas and existing water bodies may be used for retention/detention purposes on some occasions, when not in conflict with other Articles of this Code or public use considerations. Candidate areas for such purposes might include:

Previously degraded areas.

Human-created areas (borrow pits, etc.).

Extensive areas which have the ability to absorb impacts easily.

Areas incorporated into a system with mitigation features.

Wetlands.

Underground exfiltration systems:

Systems shall be designed for the retention volumes specified in subparagraph b. of this paragraph (2) for retention systems, exfiltrated over one (1) hour for retention purposes, prior to overflow, and based on test data for the site.
(Note: Such systems will not be acceptable on projects to be operated by entities other than single owners or entities with full-time maintenance staff).

A safety factor of two (2) or more shall be applied to the design to allow for geological uncertainties.

Systems located within the contour for a wellfield protection Zone 3 as defined in this Article shall incorporate pollution control devices at all inlets. (See plates WM 4.2 through WM 4.5.)

No system shall be allowed within the contour for a wellfield protection Zone 1 as defined in Chapter 27.

Only dry exfiltration systems shall be permitted in wellfield protection Zones 2 and 3 as defined in Section 27-376, Wellhead Protection.

A dry system is one with the trench bottom at least one (1) foot above the average wet season water table.

Detention of sheet flow: Provision shall be made to minimize sheet flow runoff into water bodies by:

A pervious nutrient berm along top of bank (see plates WM 6.1 and WM 6.2); or

A maximum slope of 20:1 to top of bank.

Environmental design criteria:

Preservation of wetlands: Wetlands and appropriate buffer areas shall be preserved. Wetlands (in on-site uplands and/or impacted wetlands) of equivalent or higher productivity may be created to replace natural wetlands, subject to the provisions of Article XI.

Habitat diversity systems: Natural systems composed of distinct upland/wetland systems shall be preserved where it is evident that the two are interdependent.

Centralized preservation areas: Small isolated wetlands may be disturbed and "traded off" in certain instances for larger combination upland/wetland systems, as provided for in Appendix 7 (Isolated Wetlands), Volume IV, Permit Information Manual of the SFWMD and Article XI of this code.

Lake-wetland separation: Lakes which potentially may adversely affect wetland areas shall be separated from the wetland preservation, creation, or restoration areas by a minimum distance as determined by the following criteria:

A separation distance (shortest distance between the wetland jurisdictional line and the edge of water in the proposed water body at the proposed control elevation) producing a gradient less than or equal to 0.005 using the difference in the elevation of the jurisdictional boundary of the wetland and the basin control elevation to calculate the driving head. Staff will consider elevations differing from the jurisdictional boundary of the wetland to calculate the driving head. The applicant will be required to submit monitoring data or other relevant hydrologic data from the site to substantiate the reason for using a different starting elevation. Existing conditions alone will not be considered sufficient reason to use a different elevation if there is evidence that activities on or adjacent to the project site may be responsible for lowering water tables which may currently be having an adverse impact on the subject wetlands. In these cases, preservation of the wetlands cannot be assured by simply maintaining the existing conditions.

If the gradient resulting from any separation distance and the driving head as defined above is between 0.005 and 0.015, then calculations will be required which demonstrate that the drawdown in the adjacent wetland(s) will be of a magnitude which will not result in adverse impacts on the wetland. A drawdown of more than twelve (12) vertical inches in a ninety (90) day period with no recharge shall be presumed to be an adverse impact.

If the gradient is equal to or greater than 0.015, then construction of an impermeable barrier or other equivalent action must be taken to mitigate for the impact of the proposed excavation between the wetland and the excavation.

The County will review modeling results which demonstrate that a gradient equal to or greater than 0.015 will not have an adverse impact on the adjacent wetland. A detailed soil profile constructed from a minimum of three (3) separate sampling locations with permeability testing results on selected samples will be performed. Two-dimensional modeling may be necessary to represent the site geometry.

Construction criteria:

Discharge structures:

All design discharges shall be made through structural discharge facilities. Earth berms shall be used only to disperse or collect sheet flows from or to ditches, swales, etc., served by discharge structures.

Fixed elevation discharge structures shall normally be used when there is not a downstream control structure designed to preclude the need for individual development control structures. Whenever possible, without violating the criteria for on-site surface water quantity (including over-drainage) and quality, as stated elsewhere in this Article, a development shall be designed to the parameters of the downstream control structure of the appropriate secondary canal system in order to preclude the necessity of a control structure between the development and the secondary canal system.

Variable elevation discharge structures are preferable to fixed elevation structures. When variable elevation discharge structures are used, they shall have secure locking devices. The governmental agency or local water control district that has received permit delegation from the SFWMD shall keep the keys for any such devices.

Variable elevation discharge structures, to be operated by other than permitting agencies, will be approved on a case-by-case basis, and operating agreements regarding such structures may be required.

Discharge structures must be non-operable unless approved otherwise.

Discharge structures should include gratings for safety and maintenance purposes (see plate WM 9.2 for an example of a grating detail). The use of trash collection screens is desirable.

Discharge structures shall include a "baffle system" to encourage discharge from the center of the water column rather than the top or bottom. Discharge structures from areas with greater than fifty (50) percent impervious area or from systems with inlets in paved areas shall include a baffle, skimmer or other mechanism suitable for preventing oil and grease from discharging to and/or from retention/detention areas (see plates WM 4.1 through WM 4.5).

Direct discharges, such as through culverts, storm drains, weir structures, etc., will normally be allowed to flow into receiving waters which by virtue of their large capacity, configuration, etc., are easily able to absorb concentrated discharges. Such receiving waters might include existing storm sewer systems and human-created ditches, canals and lakes.

Indirect discharges, such as overflow and spreader swales, are required where the receiving water or its adjacent supporting ecosystem may be expected to be degraded by a direct discharge. The discharge structure would therefore discharge into the overflow, spreader swale, etc., which in turn would release the water to the actual receiving water. Such receiving waters might include natural streams, lakes and marshes and land naturally receiving overland sheet flow.

Pumped systems will only be allowed for single-owner or governmental agency operation entities unless perpetual operation ability can be assured.

All discharges to Class V Injection Wells as defined in Chapter 62-528, F.A.C., as amended, shall be required to incorporate sediment traps and a "baffle system" as described in Subsection 27-200(b)(5). Prior to discharge, the retention/detention requirements for water quality shall be complied with by the licensee.

Control devices/bleed-down mechanisms for detention systems:

Gravity control devices shall normally be sized based on a design discharge of one-half (½) inch of the detention volume in twenty-four (24) hours. The devices should incorporate dimensions no smaller than six (6) square inches of cross-sectional area, two (2) inches minimum dimension, and twenty (20) degrees for "V" notches. Systems which are limited by a discharge structure with an orifice no larger than the minimum dimensions described here shall be presumed to meet discharge quantity criteria except for projects which may otherwise be required to have zero discharge.

Gravity control devices shall be of a "V" or circular shaped configuration, whenever possible, to increase detention time during minor events.

Pumped control devices shall normally be sized based on a design discharge of twenty (20) percent of the detention volume in one (1) day.

Dry retention/detention areas (not applicable to wetlands):

Mosquito control ditches or other appropriate features for such purpose shall be incorporated into the design of dry retention/detention areas.

The design of dry retention/detention areas shall incorporate considerations for regular maintenance and vegetation harvesting procedures.

Wet retention/detention areas:

Dimensional criteria (as measured at or from the control elevation):

Area: One-half (½) acre minimum.

Width: One hundred (100) feet minimum for linear areas in excess of two hundred (200) feet length. Irregular shaped areas may have narrower reaches but should average at least one hundred (100) feet.
(Note: Area and width requirements may be waived for projects to be operated by single-owner entities or entities with full-time maintenance staffs with an obvious interest in maintaining the areas for water quality purposes, e.g., golf courses.)

Depth: Shallow, littoral areas are desirable for water quality enhancement purposes. Such areas are defined for purposes of this criteria as the portion of wet retention-detention bodies shallower than six (6) feet as measured from below the control elevation. A minimum of twenty (20) percent of the area shallower than six (6) feet is required up to two and five-tenths (2.5) percent of the total of the retention-detention area (including side slopes), and twenty-five (25) to fifty (50) percent of the area deeper than twelve (12) feet is desirable.

Side slopes: For purposes of public safety, water quality enhancement and maintenance, all wet retention/ detention areas should have side slopes no steeper than 4:1 (horizontal:vertical) between the control elevation out to a depth of two (2) feet below the average dry season water table elevation (see plate WM 6.2). Side slopes should be topsoiled, nurtured or planted from two (2) feet below to one (1) foot above control elevation to promote vegetative growth. Littoral zone vegetation growth survival shall be a consideration of operation license issuance. If existing lakes are used for wet retention/detention areas, they must meet the side slope criteria. Steeper side slopes may be considered for commercial sites when physical conditions limit the space available if a security fence and locking gate are provided.

Bulkheads: Bulkheads may be allowed for no more than forty (40) percent of the shoreline length, but compensating littoral zone must be provided based on appropriate maximum allowable side slope.

Support facility design criteria:

Perimeter maintenance and operation easements of twenty (20) feet (minimum preferable) width at slopes no steeper than 4:1 (horizontal:vertical) should be provided beyond the control elevation waterline. Slopes of 10:1 will be required where heavy equipment operation can be expected, or as determined by the local agency responsible for the maintenance (see plate WM 6.1).

Control elevations should be no higher than two (2) feet below the minimum road center line elevation in the area served by the control device in order to protect the road subgrade.

Exfiltration systems:

Pipe diameter: Twelve (12) inches minimum.

Trench width: Three (3) feet minimum, or ten (10) feet maximum for single pipe system.

Rock in trench must be enclosed in filter material, at least on the top and sides.

Maintenance sumps in inlets, unless otherwise approved by EPGMD.

Catch basins with pollution retardant devices should not have sumps or weepholes.

See plate WM 14.1 for typical section.

Excavations:

Entrapped saltwater, resulting from inland migration of saltwater during hurricane tide conditions or penetration of the fresh water/saltwater interface, will not adversely impact existing legal water users.

The penetration of a water-bearing formation exhibiting poorer water quality, in terms of chloride concentrations, will not adversely impact existing legal water users or result in adverse environmental impacts.

In the area west of the salinity barrier line depicted on plate WM 11.1, provisions shall be incorporated to prevent the lowering of the ground water table and to prevent saltwater intrusion. No un-controlled connections to saltwater will be allowed west of the salinity barrier line.

Excavations within the vicinity of tidal canals or the saltwater intrusion line shall require the installation of one (1) or more monitoring wells to establish the chloride level at a depth ten (10) feet below the proposed depth of excavation. The maximum value at this depth shall be one hundred (100) parts per million. If an excavation may be expected to lower the ground water level, monitoring will be required to the base of the aquifer. If the excavation is within an area of the aquifer with semi-confined layers, monitoring may also be required at the base of each semi-confined layer.

EPGMD shall specify measures to be taken around excavations closer than one (1) foot above the annual high water level to prevent oils, grease, suspended solids, hazardous or toxic material or other pollutants from entering such excavations.

Excavations for the purpose of the creation of permanent water bodies in a wellfield protection zone shall not reduce hydraulic recharge distances to public water supply wells in excess of two (2) percent, nor shall such excavations be closer to public water supply wells than three hundred (300) feet.

For excavations where depth is critical, EPGMD may require at least two (2) monitoring wells. The following criteria are used to determine the location and number of pairs of observation wells required for the proposed excavation site:

Size of Proposed
Excavated Area Number of Pairs

Up to 5 acres 2

Each additional fraction of 5 acres 1

Actual location of observation wells will be determined on a site-specific basis and shall be approved prior to installation. One (1) of each pair shall be cased to the proposed depth of the excavation and cement grouted from the bottom of the casing to grade. The shallow well will be drilled and cased to a depth of one (1) foot below the existing ground water table and need not be grouted in place. Elevations of the top of the casing shall be recorded for each of the observation wells. This technique is used to determine the presence of a head differential between the two (2) depths. Permission to excavate to the proposed depth will be determined by the resulting measurements.

Any excavations proposed in close proximity to an existing or proposed potable water wellfield or water management structures will be required to provide the following additional safeguards:

Berms.

Dry retention areas.

Pollution abatement structures.

Water level control devices.

Other measures deemed necessary by EPGMD.

Geologic testing may be required, as well as monitoring well construction, in order to establish the nature of the strata that will be penetrated by a proposed excavation. Applications for excavations into highly pervious limestone that may cause undesirable hydraulic connections between sections of the aquifer or between the aquifer and surface water may be denied.

Impervious areas: Runoff shall be discharged from impervious surfaces through retention areas, detention devices, filtering and cleansing devices, and/or subjected to BMPs prior to discharge from the project site. For projects which include substantial paved areas, such as shopping centers, large highway intersections with frequent stopped traffic, and high-density developments, provisions shall be made for the removal of oil, grease and sediment from stormwater discharges.

Stagnant water conditions: Configurations which create stagnant water conditions such as hydraulically dead-end canals are to be avoided, regardless of the type of development.

Tidal water connections: New canals connecting to saltwater will be required to have dams constructed to effectively prevent saltwater encroachment upstream of the structure. The design and installation of such structures are subject to the approval of EPGMD. For typical installation, see plate WM 9.1. In addition to salinity dams, it is necessary to provide facilities such as sheet piling to cut off underground flow, and to allow for a buffer zone between any such dams or termination of a new canal and the beginning point of any other excavation such as a canal or lake. Other control structures for conservation or to prevent over-drainage will adhere to the same requirements.

10.

Canal crossings: A surface water management license must be obtained for all crossings of waterways controlled and operated by the county. Canal crossings shall conform to the general requirements indicated below.

Utility crossings: Gravity lines are required to run two (2) feet under the canal design bottom elevation, whereas pressure lines may cross either over or under the canal. Overhead crossings require at least the same clearance as bridges, except in the case of exposed telephone or power lines, which require greater clearance, where applicable clearance or protection will be required for canal maintenance equipment.

Culverts: Canal crossings of less than a twenty (20) foot span will be considered as culverts. The head loss will be set at one-fourth (¼) foot per crossing at design flow, and the pipe will be sized accordingly; however, the use of smaller head loss in those cases where accumulated head losses for a given reach of canal is approaching the limit, as determined by the canal design for flood control, may be required. Pipe capacity will be based on design flow with both ends of the culvert submerged. In the design of culverts, total head loss should include entrance and exit losses as well as loss due to friction in the culvert. In special cases other losses will be considered. The minimum allowable pipe size will be twelve (12) inches. Some slope of the culvert pipe in the downstream direction should be provided to assist in the cleaning of the pipe whenever velocities are high. In tidal areas, the pipe will be set with invert at low tide level or lower. Standard details for installations, including end walls, are shown on plates WM 8.1 through 8.6. Culverts longer than three hundred (300) feet will be designed as storm sewers and conform to the requirements of grading and drainage regulations and standards.

Bridges: Drainage structures of greater than a twenty (20) foot span will be considered as bridges with the hydraulic and navigation criteria set by EPGMD. Approval of the bridge design will be by the Broward County Engineering Division.

11.

Installation of guardrails: Installation of guardrails, or other approved protective devices, is required throughout all areas where it is impossible to meet roadway separation criteria. Separation and guardrail standards are contained in Broward County Traffic Engineering Division's "Exhibit 25A, Broward County Administrative Code, Minimum Standards Applicable to Public Right-of-Way Under Broward County, Florida Jurisdiction."

12.

Water quality monitoring:

In general, there are two (2) reasons for requiring water quality monitoring by licensees, as follows:

Such data can be used to determine if the pollution abatement practices incorporated into the design for the drainage system are functioning properly.

In some cases there may be a real and immediate concern regarding degradation of quality in the receiving waters, regardless of the pollutant removal efficiency of the drainage system.

The reason for the monitoring requirement will normally be stated in each license. Also included in the license will be the monitoring and reporting schedules and the parameters of interest. Each monitoring program will be designed specifically for the land use or individual project in question and may include surface water and/or ground water sampling. Parameters of interest will normally include but not be limited to those listed in the water quality standards contained in this chapter.

As a general rule, monitoring required of licensees will be confined to points within their boundaries. If additional sampling is needed in order to assess off-site impacts of the projects, the responsible party (the licensee or county) will be named in the license. The determination of the responsible party will be based on the accessibility of the monitoring site to the licensee.

Licenses issued for projects not requiring monitoring at this time will normally include a statement to the effect that water quality monitoring may be required in the future. This should not be construed as an indication that EPGMD is contemplating the implementation of a program of intensive water quality monitoring by all licensees. If water quality problems develop in specific areas, however, licensees are in this manner put on notice that they may have to determine the quality of the water which they are discharging.

13.

Installation of pipes: Installation of pipes shall conform to new Uniform Florida Building Code or Department of Transportation specifications and standards, as applicable.

(6)

Western Canal-9 Basin criteria:

Policy and purpose: The Western Canal-9 Basin has in the past been subject to periods of extensive flooding during storm events and to severe overdrainage during dry seasons. Development pressure is increasing. It is likely that any new development will create flooding problems in the eastern basin, as well as aggravate the over drainage and flooding already existent in the western basin. In addition to the criteria for surface water management systems already in effect throughout the county, additional restrictions are necessary in the Western Canal-9 Basin because of the unique water management regime in that area as described above. This Subsection will preserve the existing flood protection in the Eastern Canal-9 Basin, prevent over drainage of the Western Basin, while giving a degree of flood protection to the western developments.

Application of subsection: All projects located within the Western Canal-9 Basin requiring surface water management licenses pursuant to this section shall be subject to the additional regulations provided in this Subsection. The most restrictive criteria will be applicable unless the applicant can demonstrate to EPGMD's satisfaction through accepted methodology that the purpose and intent of this Subsection will be fulfilled using alternate criteria.

Conditions for issuance of licenses for the Western Canal-9 Basin:

For design purposes the 100-year, 25-year and 10-year flood frequency elevations are established as 7.3 feet, 6.8 feet and 6.5 feet mean sea level, respectively.

For systems designed to be pumped from fully diked areas, discharge shall be limited to three-fourths (¾) of an inch per twenty-four (24) hours, or the criteria in Section 27-199(c)(5), whichever is more restrictive. In addition, no pumping shall be permitted when Canal-9 stages at pump tail water exceed the 25-year peak elevation of six and eight-tenths (6.8) feet mean sea level.

All direct connections to Canal-9 shall be designed to prevent lowering of the ground water table below elevation two and five-tenths (2.5) feet mean sea level. All indirect connections to Canal-9 shall be designed to prevent lowering of the ground water table by installing the discharge facilities at a discharge elevation no lower than six (6) inches below average existing ground elevation for the project. Nothing in this subsection shall be construed to preclude the construction and operation of discharge facilities designed to temporarily lower the ground water table below these elevations immediately prior to the arrival of a major storm event.

Fill encroachment criteria:

The volume encroachment by development between average existing ground surface and elevation seven (7) feet mean sea level shall not exceed two (2) feet times the total area of the property.

For diked areas with on-site retention of runoff, the area diked shall not exceed the encroachment volume specified in paragraph a. divided by the difference between average existing ground elevation within the dike and elevations five and three-fourths (5¾) feet mean sea level. This will require all such projects on land of average elevation less than three and three-fourths (3¾) feet mean sea level to preserve some area outside of the dikes with no fill. The preserved area shall be located so as to preserve natural basin flow patterns for lands outside the dikes.

Editor's note— The plates referred to in this Section are not provided in this Chapter but are on file with the EPGMD Regulations adopted by Ord. No. 90-49.

(7)

Criteria for issuance or denial of conceptual approval: Letters of conceptual approval will be reviewed according to the criteria of section 27-200(b). In addition, the applicant must demonstrate that the proposed project will serve a proposed land use which is compatible with the land use element of the affected local government's comprehensive plan as determined by the local government, or with the existing zoning of the area, except when a conceptual approval application has been filed concurrently with a DRI application for ADA and a local government comprehensive plan amendment, pursuant to § 380.06(9)(a)1, F.S.

(8)

Notice of intent to issue or deny: At the conclusion of EPGMD's review of a letter of conceptual approval concurrent with DRI review, the EPGMD shall give notice of its proposed action, as provided for by § 120.60(3), F.S., and shall forward a copy of the notice to the SFRPC with a report setting out EPGMD's conclusions on potential developmental impacts and stating whether EPGMD intends to grant conceptual approval, with or without conditions, or to deny conceptual approval. If EPGMD intends to deny conceptual approval, the report shall state the reasons therefor. EPGMD may require the developer to publish notice of proposed agency action in accordance with § 403.815, F.S.

(9)

Effective date of issuance: For an application for conceptual approval filed concurrently with an ADA for a DRI and a local government comprehensive plan amendment, the effective date of the letter of conceptual approval shall be the effective date of the local government's comprehensive plan amendment, the effective date of the local government's DO, or the date on which EPGMD issues the conceptual approval, whichever occurs later.

(10)

Duration: Unless revoked or otherwise modified, the duration of a date of conceptual approval for a surface water management works is two (2) years from the date of issuance unless within that period an application for a construction and/or operation license is filed for any portion of the project. If any application for a construction and/or operation license is filed, then the letter of conceptual approval remains valid until final action is taken on the application. If the application is granted, then the letter of conceptual approval is valid for the remainder of the project, except that the letter of conceptual approval will automatically expire if a period of two (2) years elapses in which no actual construction leading to completion of the project has occurred nor has an application for a construction license been filed for a subsequent phase of construction. A letter of conceptual approval may be revoked if EPGMD makes a showing that one (1) or more situations described in § 380.06(9)(e), F.S. has occurred.

(Ord. No. 96-19, § 2, 6-11-96; Ord. No. 1997-42, § 1, 10-14-97; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09; Ord. No. 2010-59, § 1, 10-12-10; Ord. No. 2017-16 , § 2, 5-23-17)

                    
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