Fla. Admin. Code Ann. R. 62ER23-1 - Grant Program Eligibility and Application Process

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.

Notes

Fla. Admin. Code Ann. R. 62ER23-1

Rulemaking Authority Section 11, Chapter 2022-272, Laws of Florida. Law Implemented Section 11, Section 12, Chapter 2022-272, Laws of Florida.

Adopted by Florida Register Volume 49, Number 025, February 7, 2023 effective 1/30/2023.