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Florida engineers can expect a new resource designed to make stormwater design more flexible, transparent, and innovative. The Florida Department of Environmental Protection (DEP) has announced a concept to develop a program called the Florida Center for Innovative Stormwater Technology and Engineering Review Network (Florida CISTERN).

The intent behind Florida CISTERN is straightforward: establish a centralized hub of innovative best management practices (BMPs) that have undergone peer review and been shown to be potentially effective in advancing the state’s water quality goals. The initiative builds on recent updates to Florida’s stormwater rules, which establish more stringent performance standards for nutrient reduction and encourage the adoption of new technologies and approaches.

What CISTERN Will Contain

According to DEP, Florida CISTERN will result in the establishment of:

· A comprehensive list of recommended innovative BMPs, along with treatment efficiencies for total phosphorus (TP) and total nitrogen (TN).

· Testing criteria and review processes for evaluating new BMPs, potentially for broader use across regions or statewide.

· A process leading to recommended updates for rule-adopted BMPs that are in Appendix O, of the Environmental Resource Permit (ERP) Applicant’s Handbook, Volume I.

· A direct link from DEP’s ERP Resource Center webpage, ensuring accessibility for designers and reviewers.

Peer Review and Vetting

To ensure quality and credibility, DEP is exploring the creation of a peer review group of industry experts that will be dubbed the Florida CISTERN. This group would be tasked with reviewing and vetting proposed field studies and test results for innovative BMPs. The details of how this group will be formed and who will participate are still under discussion.

It is important to note that a recommendation for inclusion into the ERP Applicant’s Handbook Volume I by CISTERN will not mean that a BMP has been formally adopted in Florida rules. Instead, these BMPs will be eligible for expedited review as “alternative designs”—a concept authorized under Section 9.5.2 of the ERP Applicant’s Handbook, Volume I. These alternatives can be used in projects when approved by DEP or a water management district as part of the permitting process.

For technologies that have not undergone peer-review but have already undergone an alternative design review under Section 9.5.2 of the ERP Applicant’s Handbook, Volume I and been permitted in the state, DEP will consider listing them on the ERP Resource Center webpage with the permitted treatment efficiencies. The goal is to make these examples visible to the engineering community so they can be adopted, improved, and considered in other contexts.

Pathway to Formal Adoption

For a BMP to become formally recognized and available for use, it would need to be incorporated into Appendix O of the ERP Applicant’s Handbook, Volume I through rulemaking. In this way, Florida CISTERN will serve as a pipeline for innovation: first, reviewing promising practices as potentially effective treatment tools, then building consensus and technical support, and ultimately informing the formal inclusion of new BMPs through rule updates.

A Tool for Innovation and Collaboration

In recent public comments, DEP has signaled its intent to be more dynamic and responsive to innovation in stormwater management. With the new performance standards creating challenges for designers and regulators alike, Florida CISTERN is envisioned as a tool for promoting creativity, sharing lessons learned, and fostering collaboration among engineers across the state.

For the engineering community, Florida CISTERN represents both a challenge and an opportunity. It will require careful review of new practices and their performance data, but it also opens the door to advancing stormwater design in ways that are more adaptive, efficient and effective.

Florida CISTERN is not yet live, but the concept is under development and hopefully coming soon. Engineers working in stormwater should watch closely for any developments and be prepared to provide feedback and any potential benefits for this evolving platform.

The Seascape Resort undertook a forward-looking initiative to modernize its stormwater management infrastructure by implementing Continuous Monitoring and Adaptive Control (CMAC) smart pond technology. This innovative solution not only meets regulatory standards but also optimizes land use and enhances flood resilience.

Key Benefits Realized

1. Significant Pond Size Reduction

The application of CMAC technology enables the dynamic water level control of an existing stormwater pond, maintaining its stormwater management function with half the traditional size. This downsizing preserved valuable land for other uses without compromising performance. The existing pond size was reduced by 54%, resulting in 2.51 acres of additional developable real estate.

2. Enhanced Flood Protection

Despite the reduced pond size, the CMAC system provides full attenuation and flood protection. It does so by reviewing real-time weather forecast data and intelligently releasing water ahead of large storm events, creating capacity when it is most needed. The system ensures compliance with local stormwater design standards and mitigates flood risk during high-intensity events.

3. Hurricane Resiliency

Engineered for extreme conditions, the CMAC system bolsters resiliency against large storm events such as hurricanes. Its predictive control algorithms adjust outflows in anticipation of weather changes, ensuring the infrastructure is primed for peak performance when disaster strikes.

4. 24/7 Monitoring and Automatic Control

The system features continuous remote monitoring and automatic control, allowing for hands-off operation and proactive stormwater management. The system also allows for human oversight and manual control when needed. Operators can oversee system performance in real-time, enhancing responsiveness and minimizing manual intervention.

5. Adaptive for the Future

The smart pond system is entirely configurable, designed to adapt to evolving environmental conditions or regulatory requirements. This future-proofing capability ensures long-term value and operational flexibility.

6. Reduced Peak Flows

Through real-time flow modulation, CMAC technology effectively reduces peak discharges, thus minimizing stress on downstream infrastructure and improving water quality outcomes.

Client Testimonial

“Implementing CMAC smart pond technology at Seascape has transformed our approach to stormwater management. We’ve reclaimed valuable land, strengthened our flood protection, and gained peace of mind knowing the system runs itself — all while preparing for the future. It’s been a game-changer for our resort.”

— Paul Davis, Director of Development, Seascape Resort

Effective maintenance of installed Best Management Practices (BMPs) is critical to maintaining performance of the BMPs throughout their life cycle. Section 12.3.5 of the new stormwater rule, effective June 28, 2024, recognizes this and requires all new permit applicants to “provide a cost estimate for the perpetual operation and maintenance of the stormwater management system.” The rule also specifies that the cost estimate should be in current dollars and include annual operating expenses and planned replacement of items at the end of their service life.  Along with the cost estimate, the applicant must also demonstrate that the operation and maintenance entity has the financial capability to perform the required operation and maintenance. This is demonstrated through the submission of Form 62-330.301(26), “Certification of Financial Capability for Perpetual Operations and Maintenance Entities,” with the permit application.

Doing a life cycle cost estimate can be tricky as not all infrastructure and equipment has the same service life. A typical service life could be 50 years or longer for pipes and structures, but BMPs with filters, wetland mats, valves, irrigation pumps, and other equipment will have much shorter service lives. So, the cost estimate for “perpetual operation” of multiple BMPs will include several replacement cycles for some parts with different individual service lives. You can determine the annual O&M cost in current dollars in a customized spreadsheet, analyzing each component of the stormwater system by its annual operating cost and estimated replacement interval. Thankfully, there are resources out there to help you.

If you have a more detailed project or simply want to use a ready-made form, the Florida Stormwater Association Educational Foundation, along with the Water Management Districts and the Florida Department of Environmental Protection has developed a BMP Life-Cycle Costing Tool. The tool is available on the FSA for members and non-members. While more complex than a spreadsheet method, the tool also provides guidance for completing the form, additional information on discount rates, and even suggested maintenance activities that should be included for various BMP types.  

Stormwater Nutrient Credits (SNCs) are available for purchase in the Halifax River HUC-12 Service Area within the St. Johns River Water Management District (SJRWMD). This program functions like wetland mitigation banking, allowing public and private developers to meet stormwater treatment requirements by purchasing off-site credits.

By utilizing SNCs, developers can streamline compliance, reduce on-site infrastructure costs, and contribute to regional water quality improvements. This approach provides a flexible, cost-effective solution for meeting regulatory requirements while supporting sustainable development.

If you are interested in purchasing credits or learning more, please fill out the contact form, or email us at info@nationalstormwater.com.

The June 28, 2024, updates to Chapter 62-330, F.A.C. and the Environmental Resource Permit Applicant’s Handbook Volume I (AH I) brought significant changes to stormwater design and treatment standards. For projects with Conceptual Environmental Resource Permits (ERPs) issued prior to this date, the key question is: Do the new treatment performance standards apply to future construction phases under an existing conceptual ERP?

📝 Rule Background: AH I, Section 3.1.2(e)3

Section 3.1.2(e)3 of the updated AH I provides that if a construction phase is consistent with an unexpired conceptual ERP, it may continue using the stormwater criteria that were in effect at the time the conceptual approval was issued—commonly referred to as grandfathering. However, if modifications to the construction phase cause substantially different water resource impacts, the project will be subject to the new standards.

📌 Why Verifying Grandfathering Status Is Important

While the grandfathering provision is clearly stated, the determination of what constitutes “substantially different water resource impacts” can be subjective. This is why it is highly advisable for consulting engineers to seek confirmation from the Water Management District (WMD) that a project phase remains eligible for grandfathering.

🛡️ Benefits of a Grandfathering Verification Request:

– ✅ Regulatory Certainty: Avoid disputes during the review process by documenting the project’s eligibility to use prior design standards.

– ✅ Cost Savings: Prevent unnecessary redesigns or upgrades to meet new standards.

– ✅ Permitting Efficiency: Minimize review delays by demonstrating consistency with the conceptual ERP upfront.

📄 How to Submit a Request

The verification request should include:

– A reference to AH I, Section 3.1.2(e)3 and the project’s conceptual ERP number.

– A statement that the construction phase remains consistent with the conceptual approval.

– A narrative explaining any modifications and why they do not result in substantially different water resource impacts.

– Supporting documents such as site plans, comparison tables, and design reports.

📂 Get a Head Start:

To assist you, we have provided a draft Grandfathering Verification Request letter that you can tailor to your projects.

📥 Download the Draft Grandfathering Verification Request Letter

By taking this proactive step, consulting engineers can streamline the permitting process, protect their project timelines, and reduce uncertainty under Florida’s evolving stormwater regulations.

1. What is a Regional Stormwater Management System (RSMS)?

An RSMS is a facility designed, constructed, and maintained to manage stormwater for one to multiple parcels and may serve one or more projects within a defined drainage area (you can think of this like the service area of a mitigation bank). Its purpose is to prevent flooding, reduce pollution, and manage stormwater discharges for a larger area compared to a conventional system. 

2. How does an RSMS differ from traditional stormwater management systems? 

Unlike stormwater management systems that are integrated within a development project, an RSMS is permitted as a standalone stormwater management system to serve multiple projects in a defined area. It also provides a mechanism for accountable nutrient reduction across a HUC 12 or potentially larger watershed, enabling more efficient land use and potentially lower development costs through offsite compensatory treatment credits (aka Stormwater Nutrient Credits)​​. 

3. What are the main advantages of using an RSMS? 

– Cost Efficiency: Offsite treatment infrastructure can reduce site development costs. 

– Improved Water Quality: Centralized treatment in larger, professionally managed stormwater facilities achieve higher pollutant removal rates. 

– Flexibility in Development: Developers may reduce on-site treatment requirements by utilizing offsite credits. 

– Comprehensive Watershed Management: Better tracking and accountability of stormwater nutrient reduction at a watershed scale​​. 

4. How are pollutant load reductions allocated in an RSMS? 

RSMS facilities track pollutant removal in pounds or kilograms, ensuring allocations do not exceed their permitted treatment capacity. Records of these allocations must be maintained permanently by the RSMS permit holder and reported as specified in Sections 9.7.3 and 12.6(d) of the Applicant’s Handbook​.

5. What permitting requirements apply to RSMS?

RSMS must be permitted under the Environmental Resource Permit (ERP) program. This includes demonstrating reasonable assurance of compliance with water quality standards, long-term operations and maintenance, and accurate tracking of nutrient load reductions​​.

6. How does an RSMS provide stormwater nutrient credits (SNCs)? 

An RSMS can generate SNCs by documenting excess treatment capacity in an accounting ledger, much like a wetland mitigation bank. These credits can then transferred to other entities within the same service area (e.g. hydrologically connected or within the same watershed) to offset their pollutant loading requirements​​. Keep in mind that the user of an SNC must still meet the water quantity requirements of ERP (e.g. pre-post rate control) and must demonstrate that the discharge of less than fully treated stormwater does not adversely impact any downstream waters. 

7. Who is responsible for maintaining an RSMS?

The permit holder of the RSMS is responsible for its operation, maintenance, and compliance with all applicable regulations. This includes maintaining accurate records of stormwater treatment allocations and ensuring that the system operates within its design capacity​.

8. Does the user of SNCs have any ongoing responsibilities after the credits are transferred to their project from an RSMS?  

No. Like a wetland mitigation credit, the purchaser bears no long-term responsibility for the continued operations and maintenance of the nutrient credit generating project. That obligation falls solely on the RSMS permit holder.