An Audit of Miami-Dade County Stormwater Permit Compliance
2022 Report Card and Recommendations
Executive Summary
Miami-Dade County's stormwater systems are one of the most significant pollution sources for Biscayne Bay, directing land-based contamination into local waterways and Biscayne Bay, including grease, herbicides, pet waste, fertilizers, debris, and more.
Municipal separate storm sewer systems (MS4s), the network of publicly-owned conveyance systems designed to collect and convey stormwater, are regulated under the U.S. Clean Water Act and must receive a Florida Department of Environmental Protection permit.
Miami Waterkeeper and Everglades Law Center developed a rubric aligning with 20 basic MS4 permit requirements. Four independent reviewers evaluated the 2020 Annual Reports from three Phase I MS4 permit holders (Miami-Dade County and its 32 Co-permittees, the City of Miami, and the City of Hialeah) on two scales: A) a binary compliance standard (i.e., were requirements met?), and B) a qualitative weighted scale of compliance (i.e., how well were terms implemented).
Amongst all 35 Permittees in Miami-Dade County, we found that the average grade for binary compliance was a C- and the average grade for qualitative compliance was a D. The report shows a wide disparity in both compliance and effort on the part of local governments, as well as a pattern of protracted non-compliance and little meaningful enforcement.
MS4 permit holders must increase compliance to curb stormwater pollution entering Biscayne Bay. Miami-Dade County should closely coordinate with the Co-permittees and ensure their compliance. Additionally, FDEP must conduct more regular oversight and enforcement of MS4 permit holders. Miami-Dade County (and its 32 Co-permittees) begin reapplying for MS4 permit renewal in June 2022, providing a once-in-five-year chance to improve the terms of the MS4 permit itself. We provide several recommendations for proposed improvements to the new MS4 permit.
Introduction
South Florida was once a continuum of natural habitats, including wetlands, stretching from the Everglades to Biscayne Bay, and acted as a natural sink for rainwater. The County's urbanization transformed wetlands and other natural areas into hard surfaces, roads, buildings, and compacted soil. As a result, the earth's natural capacity to absorb rain has diminished. A network of engineering controls is now required to manage the water flowing in South Florida to keep dangerous flooding at bay.
Because of stormwater's potential to carry pollution to the waters of the United States, the Clean Water Act regulates stormwater discharge by way of the Municipal Separate Storm Sewer System (MS4). The Environmental Protection Agency delegated authority to the Florida Department of Environmental Protection (FDEP) to manage stormwater pollution within its borders. FDEP provides regulatory oversight to ensure that stormwater management structures are adequately designed to manage water quality and quantity. Counties and municipalities are required to have a Municipal Separate Storm Sewer System (MS4) permit to discharge stormwater in waterways.
MS4 permit types are based on population; a Phase I Permit serves urban populations of 100,000 or more, while a Phase II permit serves smaller urban populations.
Miami-Dade County and Biscayne Bay
Three Phase I MS4 permits authorize large municipal stormwater discharges in Miami-Dade County. The Permittees include 1) Miami-Dade County and 32 municipalities as Co-permittees, 2) the City of Miami, and 3) Hialeah. Miami-Dade County operates under a 2017 inter-local agreement with its Co-permittees, which expires in September 2022.
Stormwater management in Miami-Dade County is essential to public health and water quality, as clean water makes Miami, Miami. Biscayne Bay is an ecological and aesthetic jewel and sits at the heart of the community. With 2.8 million residents and millions of visitors every year, the Bay contributes billions of dollars to the local economy. Despite existing protections, it is still impacted by ongoing pollution events, resulting in algae blooms, fish kills, and declining seagrass. Miami-Dade's outdated stormwater management infrastructure, further compromised by sea-level rise and changes in precipitation patterns, exacerbates the significant amount of pollution that stormwater transports into surface waters.
Grading Miami-Dade County Phase I MS4 Permits
The County and its 32 Co-permittees, the City of Miami, and Hialeah were evaluated based on the MS4 permit requirements. This research aims to highlight critical areas for improvement as part of the permit renewal process that begins in June of 2022 and to identify areas for assessment, analysis, and support. This report focuses on recommendations for permit enforcement and permit compliance between the State and its permit holders.
Methodology
Miami Waterkeeper and Everglades Law Center collaborated and developed a rubric aligning with the permit requirements. This rubric intends to evaluate compliance amongst the three Phase I Miami-Dade County MS4 permit holders by grading them on 20 categories that follow the basic requirements imposed on:
- Miami-Dade County and Co-permittees under the 2017 MS4 permit FLS000003.
- The City of Miami under the 2016 MS4 permit FLS000002.
- The City of Hialeah under the 2016 MS4 permit FLS000023.
The Permittees were evaluated based on self-reported data gathered through public records requests for their 2020 Annual Report, all required attachments in Section V. of the Annual Report, their most recent Stormwater Management Program, and maps of their outfalls and stormwater system.
Permittees were evaluated based on self-reported data and research on Oculus for the 2020 reporting year on two scales: A) a binary compliance standard (i.e., were requirements met; yes or no), and B) a qualitative weighted scale of compliance (i.e., a Permittee that performed street sweeping once a year would receive fewer points than another that performed street sweeping once a month).
Four individuals independently evaluated all 35 Permittee Annual Reports. Since most categories are quantifiable metrics, the scores were finalized objectively. If there was a disagreement among graders, the team of four met to resolve it unanimously.
Results
It is important to note that, although some of these Permittees exhibit high levels of compliance, no single permit holder was 100% compliant with the Phase I MS4 permit based on the submitted Annual Reports. There is a broad range between the Permittees and the categories, with binary compliance ranging from 44-95% and qualitative compliance ranging between 37-93%.
Binary Compliance Standard
The binary compliance for Miami-Dade County was a B- (80%); the average compliance of Miami-Dade County and its 32 Co-permittees was a C- (71%). These grades ranged from 44% to 95%. The City of Miami received a C+ (79%), and the City of Hialeah received a C (76%). None of the Co-permittees were 100% in compliance.
*Miami-Dade County, FDOT District 6, FDOT Turnpike Enterprise, and Miami-Dade Expressway are not presented on this map.
Highlights:
- 45% did not have a written stormwater management program.
- 43% did not have a complete stormwater system map.
- 54% did not perform the required personnel training.
- 34% did not perform proactive inspections of illicit discharges.
Qualitative Compliance Standard
The qualitative compliance for Miami-Dade County was a B- (82%); the average of Miami-Dade County its 32 Co-permittees was a D (67%), the City of Miami received a B+ (89%), and the City of Hialeah received a D- (61%). A wide disparity in compliance was found among permittees.
*Miami-Dade County, FDOT District 6, FDOT Turnpike Enterprise, and Miami-Dade Expressway are not presented on this map.
Highlights:
- Written Stormwater Management Plans ranged from 1999 to 2021.
- 38% did not submit all required attachments to the Annual Report.
- 94% of the applicable Permittees did not suggest iterative improvements to their SWMP.
- Only 29% of Permittees inspected the required amount of stormwater structures.
Recommendations
- All MS4 permit holders should have written SWMPs that are updated every five years.
- Permittees should engage annually in a meaningful analysis of the weaknesses in their SWMPs.
- The revised MS4 permit should include an incentive system to push Permittees to continued improvement.
- Permittees should implement sampling programs with more monitoring in targeted locations to identify pollution hotspots.
- Permittees should annually assess their pollutant loadings to determine trends.
- Permittees must assure compliance with any established Total Maximum Daily Loads (TMDLs), Reasonable Assurance Plans (RAPs), and water quality standards.
- The revised MS4 permit should include loading targets and/or effluent limitations for TMDL or RAP waters and for waters designated for TMDL or RAP development.
- Permittees should have accurate, updated, and digitized stormwater system maps.
- Permittees should be required to implement a Stormwater Asset Management System (SAMS).
- Permittees should be required to implement and incorporate green infrastructure practices, low-impact development requirements, and novel technologies in their SWMPs.
- Permittees should be required to document annually the steps taken to test and ensure that leakage from failing on-site sewage disposal systems is not making its way as an illicit discharge into the MS4.
- A Permittee should be required to conduct and report on additional outreach if it receives few to no reports of illicit discharges or related violations and should have a minimum required number of inspections for illicit discharges.
- Permittees should be required to meet a clear minimum standard for frequency and scope of litter collection and street sweeping in and around all streets, road segments, and public parking lots.
- The revised MS4 permit should ensure that all structural aspects of an MS4 have clear minimum maintenance requirements.
- FDEP, Miami-Dade County, and other Permittees should develop and implement collaborative management and compliance assistance to ensure that permit requirements are complied with.
- Miami-Dade County should be held responsible for the compliance of its Co-permittees.
- FDEP should increase and expand its enforcement efforts to ensure MS4 Permit requirements are met.
Conclusions
Our research has revealed numerous examples of protracted non-compliance amongst MS4 permit holders. We strongly encourage regulatory agencies to closely audit the compliance status of permit holders and take remedial action swiftly. To achieve water quality standards for Biscayne Bay, we encourage FDEP and Miami Dade County to engage permit-holders on multiple levels to ensure that the letter-- but also the spirit -- of the MS4 permit program is followed. The MS4 Permit for Miami-Dade County (and its 32 Co-permittees) is up for renewal in June, providing a once-in-five-year chance to improve the terms of the MS4 permit itself. Our community relies on our waterways, and urgent action must be taken to remedy Biscayne Bay’s current -- and obvious -- decline.