Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-23 - EMERGENCY RULE FOR YEAR 2023 › Section 62ER23-1 - Grant Program Eligibility and Application Process

Current through Reg. 50, No. 138; July 16, 2024
To receive funding from the Hurricane Stormwater and
				  Wastewater Assistance Grant Program, applicants must demonstrate the
				  following:
(1) The applicant is a
				county, municipality, or special taxing district in Brevard, Broward,
				Charlotte, Collier, Duval, Flagler, Indian River, Lee, Manatee, Martin, Nassau,
				Palm Beach, Saint Johns, Saint Lucie, Sarasota, or Volusia County;
(2) The applicant operates a stormwater
				management system, as defined by Sections
				 373.403(10)  and
				 403.031(16),
				F.S., or wastewater management system, defined as a wastewater facility or
				activity operating under an industrial or domestic wastewater permit issued
				pursuant to Section  403.0885, F.S., or Chapters
				62-4, 62-528, 62-600, 62-604, 62-610, 62-620, 62-621, 62-640, 62-650, 62-660,
				62-670, 62-671, 62-672, or 62-673, F.A.C.
(3) The applicant's stormwater or wastewater
				management system sustained damage as a result of Hurricane Ian or Hurricane
				Nicole;
(4) Such damage poses an
				immediate threat to public health or the environment if not immediately
				addressed;
(5) The applicant
				submits a complete application on or before 11:59 p.m. Eastern Daylight Time on
				March 31, 2023; and
(6) The grant
				request does not exceed $10 million per project (i.e., the maximum project
				award amount). A "project" for the purposes of this rule shall mean a repair to
				or replacement of a damaged stormwater or wastewater management system in a
				given location that resolves, temporarily or permanently, the immediate threat
				posed to public health or the environment. For repairs to such a stormwater or
				wastewater management system, all repairs to that system, even if made in
				discrete phases, shall constitute a single project. At the discretion of the
				applicant, a single project may include a stormwater or wastewater management
				system's related appurtenances, such as transmission facilities, lift stations,
				and similar, even if sited at separate or distinct geographic locations, so
				long as such repairs are all necessary to resolve the threat posed to public
				health or the environment.
(7) The
				applicant will submit all requested information through the application portal
				available online by visiting the Department's Grants Water Quality Dashboard
				(protectingfloridatogether.gov/grants) and clicking on "Hurricane Stormwater
				and Wastewater Assistance Grant Program." All information requested in the
				portal is taken directly from the Hurricane Stormwater and Wastewater
				Assistance Grant Program Application, effective as of January 30, 2023, which
				is hereby adopted by reference herein, available at the Division of Water
				Restoration Assistance's "Division Rules and Rulemaking" webpage
				(floridadep.gov/wra/wra/content/division-rules-and-rulemaking). Once the
				application is submitted electronically, the applicant will receive a
				confirmation via email. Failure to receive the confirmation email indicates the
				application was not successfully submitted.
(8) Applicants needing technical assistance
				or accommodation under the Americans with Disabilities Act must call the
				Division of Water Restoration Assistance at 850-245-2836 no later than 5:00
				p.m. Eastern Daylight Time on March 30, 2023.
(9) In evaluating applications, the
				Department will consider cost-benefits; total estimated population facing
				public health threats; percent of applicant's total population at immediate
				risk; the health effects associated with the identified public health threats;
				applicant's justification for why such health threats are immediate; and the
				short- and long-term impacts associated with the identified threats to the
				environment.
(10) Awards will be
				made by May 1, 2023, and awarded applicants shall expeditiously enter into a
				grant agreement with the Department after receiving notification of such award.
				The grant agreement will contain, and the applicant will agree to, provisions
				ensuring compliance with Chapters 273, 274, and 287, F.S., as well as with
				Sections  11.062,
				 20.055(5),
				 119.07,
				 119.0701,
				 215.422,
				 215.97,
				 216.347, and  908.111, F.S., as
				applicable.
(11) Eligible expenses
				are those incurred by the awarded applicant as of the effective date of this
				emergency rule and include only those expenses directly related to the repair
				to or replacement of a damaged stormwater or wastewater management system
				posing an immediate threat to the public's health or the environment.
(12) This rule shall expire six months after
				its effective date.
Rulemaking Authority Section 11, Chapter 2022-272, Laws of
					 Florida. Law Implemented Section 11, Section 12, Chapter 2022-272, Laws of
					 Florida.