Topic Descriptions

2020 BREAKOUT SESSIONS

 ** OVERVIEW AND UPDATES *

A. FLORIDA’S ENVIRONMENT, WATER POLICY, THE 2020 LEGISLATURE AND BEYOND  Absolutely the most current and reliable information available on what the 2020 Legislature passed (or considered but failed to pass) and why; assessment of Florida’s changing political landscape with respect to environmental and water policy issues; comprehensive preview of what’s expected with respect to implementation of 2020 legislation with a look ahead to the 2021 session and beyond. This course designed for audience participation, so come with your questions for the panelists!  Instructors: Larry Sellers (Moderator), David Childs, Jon Steverson, Kevin Cleary, Lori Killinger

B. FDEP REGULATORY AND POLICY UPDATE  Always a timely and useful course to provide updates on the most current information and activities with the Department of Environmental Protection which we feel will be of most interest to our attendees; includes review and analysis of rules and policies recently adopted or under development and related implementation strategies within both Tallahassee and District offices; key/practical tips for all private/public regulated interests; course format designed for extensive audience participation. Instructors: Bill Preston (moderator), Tim Bahr, Ben Melnick, Jeff Koerner, Alex Reed

E. FLORIDA ENERGY POLICY OUTLOOK  This course provides an overview and analysis of state and federal legislation and other initiatives, rule changes, and litigation having a potential impact on energy policies and programs in Florida. The panel will also discuss specific efforts related to electrical power plant siting and generation, pipeline siting and development, oil and gas exploration and production, energy efficiency, alternative fuel sources, alternative energy development, alternative vehicle technologies, and the status of EPA’s rulemaking. This course is designed for extensive audience participation, so come prepared with your questions for this panel of experts! Instructors: Brian Accardo (Moderator), Brooke Lewis, John Truitt

F. FEDERAL ENVIRONMENTAL REGULATION AND ENFORCEMENT UPDATE  Come listen and learn from a panel of experts as they discuss the latest changes to federal environmental policies and regulation under the Trump Administration. This session examines how the policies and roles of the federal agencies are changing across a wide spectrum of issues such as enforcement, agency size, the extent of federal authority over wetlands and waters, and climate change.  The experts will also discuss how the regulated community, the state and advocacy groups are responding to such changes including the potential for citizen enforcement.  These and other federal issues will be discussed by our well-informed panel. Come prepared to listen, learn and participate.  Instructors: Rafe Petersen (Moderator), Bernadette Rappold, Jillian Kirn

** EMERGING ISSUES AND ADVANCED DISCUSSION **

G. FLORIDA’S AQUIFERS RESILIENCY N THE FACE OF EXISTING AND EMERING CHALLENGES: A PARADIGM SHIFT?  Groundwater in Florida is intricately wrapped up in a complex web of social, environmental, and economic factors. It is the source of drinking water for most Floridians, serves the State’s agricultural activities, and it has a significant role in the health of our ecosystems and iconic springs.  Stressors such as over pumping, saltwater intrusion, population growth, and now emerging challenges such as pervasive and widespread contaminants put added pressure on planners, utilities, and policy makers to ensure that adequate supplies of high quality groundwater resources exists for current and future needs.  How will these emerging challenges be confronted and overcome? What are the economic and policy implications of current approaches? And what other possible solutions may be out there, including private-public sector collaboration? Are we facing a paradigm shift? Do we need one? Come and listen to experts discuss these challenges, possible solutions, legislation, sources of funding, and how we will face these emerging challenges in the future.  Instructors:  Jorge Caspary (Moderator), Chuck Drake, Chris Emmanuel, Doug Manson, Ryan Matthews, Brian Armstrong

H. & I. BLUE GREEN ALGAE TASK FORCE AND THE 2020 “CLEAN WATERWAYS ACT”  Governor DeSantis moved swiftly to make his mark on water and environmental policy in Florida, as evidenced by the creation of new offices and functions within FDEP, many new initiatives, and record funding requests. The positive reactions by the public and legislature to these bold efforts point to a sea change in our collective appetite for more regulations and spending, if it translates to improved environmental quality. Come hear from our panel of experts in this 2-part series on the significant statutory, regulatory and policy changes and unprecedented levels of public funding currently being focused on Florida’s ongoing water quality challenges.  

In part 1, Dr. Tom Frazer, Florida’s Chief Science Officer, will summarize the findings and recommendations of the Governor’s Blue Green Algae Task Force and discuss Senate Bill 712 (2020), also known as the “Clean Waterways Act,” which was passed this year to implement the Task Force recommendations and the Governor’s other priority environmental initiatives. The panel will spend the rest of the time focused on the new laws designed to protect and enhance water quality in our springs and estuaries due to impacts from agricultural activities and stormwater runoff.  Instructors: Ryan Matthews (Moderator), Dr. Tom Frazer (invited), Julie Espy, Jim Spratt

In part 2, the panel will shift its attention to the many challenges our state is facing from wastewater pollution. The Clean Waterways Act created new requirements on local governments and wastewater utilities related to septic tank remediation, wastewater collection systems, and the management of biosolids. New state regulations are in development, along with local government and utility programs to implement the new requirements. The private sector is also responding with innovative new technologies to meet these challenges efficiently and (hopefully) cost-effectively. Come prepared with your questions for this panel of experts as audience participation is highly encouraged! Instructors:Ryan Matthews (Moderator), Ben Melnick, Virginia Barker, Ed Torres, Spencer Tuell, Marjorie Craig

J.  STATE ASSUMPTION OF THE FEDERAL WETLAND PERMITTING PROGRAM  Florida’s efforts to assume Clean Water Act, Section 404 dredge and fill permitting authority from the U.S. Army Corps of Engineers have stretched beyond eighteen months. Will 2020 finally be the year?  This panel of experts will discuss where DEP is in the process of negotiations with the EPA, Corps and federal Services; which, if any, of the agreements are in place with the federal agencies and what they provide; how Endangered Species Act authorization is to be achieved; and what issues are still outstanding. Audience participation is encouraged. Instructors: David Childs (Moderator), John Truitt, Jeaneanne Gettle, Larry Williams, Shawn Zinszer

K. & L. LAKE OKEECHOBEE AND THE ESTUARIES: A WATER MANAGEMENT BALANCING ACT In this extremely popular panel of experts on Lake Okeechobee, the panel is again presenting on critical issues affecting Lake Okeechobee and the Northern Estuaries.  This year, numerous developing issues are affecting the Lake, including current operations, and most importantly, the new lake schedule being developed by the US Army Corps of Engineers.  In this 2-part course, the panel will focus on these latest developments, as well as the Herbert Hoover Dike Rehabilitation, endangered species, water quality, and the status of the Comprehensive Everglades Restoration Plan projects that affect the Lake.  The panel represents a diverse cross section of government, private landowners, tribal entities, and environmental and agricultural interests.  The panel will discuss how Lake management decisions affects their differing interests and obligations and the varying issues that must be balanced to make effective decisions.  Instructors: Luna Phillips (Moderator), Drew Bartlett, Ernie Barnett, Ana Upton, Steve Walker, Adam Gelber, Larry Williams, Adam Blalock, Col Andrew Kelly 

M. NAVIGATING THE UNIQUE CHALLENGES OF URBAN INFILL DEVELOPMENT   Once neglected, Florida’s cities are seeing a surge of urban infill development and redevelopment due to a number of factors, including demographic trends and changing consumer preferences. While urban infill development presents attractive opportunities for both developers and local governments, it usually comes with a unique set of hurdles ranging from land use constraints and environmental contamination to financing and lender issues.  This course includes a panel of experts to review the latest policies at the state and local level, present urban infill case studies and discuss the pattern of issues commonly presented. The panel will focus on providing practical strategies to overcome typical hurdles using creative, real-world examples. Bring your questions—this panel encourages panelist collaboration and audience participation! Instructors: Jeff Collier (moderator), Mark Mulligan, Jeff Robbins, Theresa Booeshaghi, Josh Nichols 

O. EMERGING EXTRACTION INDUSTRY CHALLENGES AND OPPORTUNITIES  Banning hydraulic fracturing, expanding phosphate mining, reopening old oil fields, searching for solutions at legacy sites, and a host of new and old challenges and opportunities for the extractive industries will be discussed and debated by a diverse panel of experts and practitioners. Recently renewed oil exploration has excited great promise and wealth, along with controversy and consternation.  Mining continues to be a bedrock industry with new markets and areas emerging in Florida, as well as emerging technology to deal with legacy sites.  The extractive industries touch all levels of government, generate fierce interest from a wide array of stakeholders, and require substantial engagement by landowners, mineral owners, oil and mining operators, as well as local governments, citizens, and developers. This panel will present the hot-button permitting, policy, and planning issues facing regulators, local governments, property owners, operators, and the public as related to mining operations and post-mining development.  This course is particularly relevant for developers and large tract landowners or agricultural operators contemplating diversifying their portfolio, as well as policymakers, government officials, and oil and mining operators. Instructors: Timothy Riley (Moderator), Edward Murawski, John Coates, Russell Schweiss, Stefan Katzaras 

P.  KEEPING YOUR EYE ON THE BALL:  SCOPING THE APPROPRIATE ENVIRONMENTAL DUE DILIGENCE FOR THE PROJECT  The panelists will discuss appropriate scoping of the environmental due diligence process, taking into consideration current and prior land uses and the user’s project objectives; the panelists will also discuss the importance of the environmental professional’s opinion and when and how to recommend additional investigation;  in closing land transactions when there are unresolved issues and how to address those issues and much more; audience participation encouraged. Instructors:  Cristina Lumpkin (Moderator), Vince Yarina, Kelly Eger-Smith, Kirby Stallings, Nicholas Albergo 

Q.  TRUTH OR CONSEQUENCES Back by popular demand, this updated course is an interactive discussion focused on the associated regulatory requirements and techniques for ensuring sure and positive dialogue for communicating with environmental regulatory agencies at the local, state and federal levels. Preparation, organization, as well as an understanding of both the regulation and the processes, can go a long way to facilitating a smoother and certainly more positive outcome. In addition to being technically prepared, knowing the agency representatives, their role in the organization, and their scope of authority can be as critical as having a thorough understanding of the applicability of the various rules and regulations. Here’s your chance to interact with the panel, using real case studies, and discuss which techniques were successful (or not) and receive expert advice from four instructors who’ve learned these lessons. Instructors: Peter Partlow (Moderator), Anna Long, Amy Tracy, Liz Johnson

R.  AVOIDING PROPERTY RIGHTS DISPUTES (OR “FLORIDA PROPERTY RIGHTS 101”)  This course provides an overview of private property rights in Florida, including the basics of takings jurisprudence, the Bert J. Harris, Jr. Private Property Rights Protection Act, and other limits on government action that affect private property.  For both public and private parties, this course provides a roadmap for avoiding property rights litigation.  The course will also provide options for resolving disputes including both litigation and options for creative alternative dispute resolution. Timely and relevant examples will be provided.  Instructors:  Kent Safriet (Moderator), Jake Cremer, Brian Bolves, David Goldstein 

S.  RECENT DEVELOPMENTS IN PROPERTY RIGHTS  This course picks up where “Florida Property Rights 101” leaves off, discussing recent state and federal legal decisions, legislative proposals and enactments, and anything else of interest to those who deal with the nitty-gritty of public and private property issues, including the recent controversies surrounding the customary use of beach front property!  This is a can’t miss course for the seasoned practitioner; however, all are encouraged to attend.  Audience participation is encouraged.  Instructors:  Kent Safriet (Moderator), David Smolker, Amy Boulris, Mark Miller, Brenna Durden 

T.  STRATEGIES FOR AVOIDING LITIGATION UNDER NEPA, CWA, AND ESA AND UPDATES ON EVOLVING REGULATIONS AND POLICIES UNDER THE TRUMP ADMINISTRATION  Public and private sector projects located near wetlands, endangered species habitat or other protected areas are often opposed by individuals and organizations during permitting proceedings as well as in federal court. Effective permitting of such projects requires a grasp of the changes in the requirements or enforcement of these federal laws under the Trump administration. This seminar focuses on how to build a winning record and strategies for supporting or attacking permitting decisions in the courtroom. This course is ideal for managers and consultants who work on large or controversial projects involving wetlands, endangered species or protected natural resources. Instructors: John Wharton (Moderator), Fred Aschauer, John Lesman, Kerri Barsh 

U. WHAT TO EXPECT WHEN BEING INSPECTED  This course is back by popular demand and updated for 2020! For regulated facilities, environmental compliance inspections can often seem intimidating.  Recognizing the “pop quiz” impression of an inspection and the perceived business interruption, this panel will focus on providing an understanding of the purpose and approach of compliance reviews and help facilities effectively prepare for inspections to minimize impacts and maximize compliance.  The panel will provide an overview of the roles of the Florida DEP and EPA, components of multimedia compliance monitoring programs developed for both agencies, a discussion of the State Review Framework, and DEP’s approach to satisfying their compliance inspection objectives.  With this background on the structure, purpose and frequency, the panel will also present the latest national enforcement initiatives, which are selected by EPA every three years.  The panel will also discuss what inspectors typically look for when performing a facility inspection and how environmental staff can best be prepared for an inspection.  From both an industrial and legal perspective, the presentations will discuss best practices that environmental staff should follow before and on the day of the inspection in order to ensure that year-round compliance is achieved, the department’s compliance objectives are reached, inspectors’ needs are being met, all while minimizing undue stress on the regulated facility. Instructors: Michael Ballenger (Moderator), Jennifer Carpenter (invited), Beth Rothenberg, Cliff Wilson

V.  A NEW EYE IN THE SKY: HOW DRONE TECHNOLOGY IS ADVANCING ENVIRONMENTAL ASSESSMENT AND MONITORING  This course is back by popular demand and updated for 2020! Drone technology (aka, Unmanned Aerial Vehicle or UAV) has impacted the world in a number of ways, providing an effective resource to capture high quality video and aerial imagery.  The ability of a drone to reach inaccessible or otherwise cost-prohibitive areas has made it a valuable tool that provides on-demand data that is fast, flexible and affordable.  Used in combination with post-processing software, drone imagery can be upgraded to create accurate 2D maps and 3D models for a myriad of products, including topographic surveys, digital surface models, volumetric calculations and 3D models with photorealistic textures.  Since the Federal Aviation Administration has begun approving drone use for commercial applications, the environmental industry is being rapidly advanced by the innovations provided by the use of drone technology.    This session will explore drone technology and some of these cutting-edge innovations that utilize drones to support environmental assessment and monitoring. Instructors: Keanan Bell (Moderator), Shawn Gibbs, Brad Pekas, Kevin Shortelle, Eric Householder 

** GROWTH MANAGEMENT UPDATE **

W.  NEW POLICY DIRECTIONS FOR GROWTH MANAGEMENT  The growth management world we knew has seen another major change. The DRI process – as we knew it – is gone. How do we now deal only with local government on the myriad of issues each DRI order raises? What are the other viable options for large-scale projects and when to use each – or not? Are regional planning councils going the way of DRI’s? What’s behind the ongoing push for preemption of local government decisions and is it a good or a bad thing? This course is updated every year to discuss new and anticipated legislation, emerging issues and problems and examples of local government innovation. Audience participation encouraged.  Instructors:  Nancy Linnan (Moderator), Dan Delisi, Kerry Godwin, Brian Seymour 

X.  STRATEGIC PLANNING AND PERMITTING FOR DEVELOPMENT  Practical and informative course designed to address strategies for obtaining environmental and growth management approvals for land development projects under Florida’s current laws and agency practices; consideration of effects of recent legislation and administrative actions taken by the Executive Branch; discussion of successful approaches to processing and obtaining environmental permits from regulatory agencies, determinations of when to obtain the required permits and in what order, and the level of specificity and procedural requirements of each agency. Course to also cover tracking and managing activities for compliance with permit conditions, tips for gaining the respect of regulatory agencies, and steps that should be taken to avoid costly enforcement litigation. Audience participation is encouraged. Instructors: Kim Woodbury, Dennis Mele, Abbey Naylor, Robert Volpe 

Y.  WHAT’S AHEAD AND WHY—COMPREHENSIVE PLANNING AND GROWTH MANAGEMENT  This update will cover any changes by the 2020 Legislature to comprehensive planning and DRIs, as well as pending changes in growth management programs and policies; discussion of the future of the regulation of DRIs, as well as large non-DRIs in Dense Urban Land Areas; evaluation of different approval processes for large scale development; and examination of pros and cons of rescinding existing DRIs.  Audience participation is encouraged.  Instructors:Gary Hunter (Moderator), Dave Mechanik, Darrin Taylor, Mario Garcia-Serra 

Z.  EMERGING TRENDS IN TRANSPORTATION: HOW DO WE GET THERE FROM HERE?  State, regional and local transportation infrastructure deficiencies and related transportation mitigation costs can make or break development in Florida. Failure to address inadequate infrastructure remains a significant hurdle to both developers and local governments.  Join this panel to learn what’s new in 2020 including the emerging use of smart transportation infrastructure, electrification, and ride share services.  What do developers and local governments need to know about these emerging transportation trends to be successful in 2020 and beyond?  How can we maximize development potential while reducing mitigation costs through cooperative funding, innovative traffic analysis, multi-modal applications, and other innovative solutions?  Instructors: Seth Behn (Moderator), Adam Kerr, Ken Metcalf, Alex Trauger

AA. FLORIDA MULTI-USE CORRIDORS OF REGIONAL ECONOMIC SIGNIFICANCE (M-CORES)   This course, which is new for 2020, showcases the new statutory changes which direct Florida Department of Transportation to establish 3 new multi-use corridors of regional significance.  This monumental project is intended to address critical statewide issues, including hurricane evacuation, congestion relief, trade and logistics, water and sewer connectivity, and many others.  Additionally, the Florida Department of Transportation has adopted recent significant policy changes to provide improved wildlife connectivity across its roadways.  This panel will provide important insights into the ongoing efforts to deliver this massive transportation project while minimizing its effects on the environment.  Don’t miss FDOT’s spectacular pictures and videos of wildlife utilizing its crossings! How did the Panther cross the road? Instructors:  Cari Roth (Moderator), Ananth Prasad, Jason Houck, David Smolker, Brent Setchell

BB. CONCURRENCY, IMPACT AND MOBILITY FEES – THE STATE OF THE LAW ON LOCAL GOVERNMENT EXACTIONS TO FUND INFRASTRUCTURE  

Instructors: Gary Hunter (Moderator), Jake Cremer, Nancy Linnan 

CC.  AVOIDING PUBLIC HEARING PITFALLS: PREPARATION, PRESENTATION, AND LEGAL CHALLENGES  This panel provides practical and legal insights into managing public hearings before local governments from both the private party and local government perspective.  It specifically addresses issues arising in connection with public hearings and how to deal with denials by and challenges to local government decisions.  This presentation will focus on strategic matters, provide useful tips, examine new and developing legal issues, and address technical issues.  Attendee participation will be encouraged.  Instructors:  Chris Torres (Moderator), Randy Coen, Rick Melchiori, Aaron Dunlap, Patrick Krechowski 

** SPECIAL COURSE SERIES ON AIR QUALITY, ENERGY, SUSTAINABILITY, AND CLIMATE CHANGE **

DD.  NEW DEVELOPMENTS IN AIR QUALITY REGULATIONS  This panel will provide an overview of major federal and state air quality legislation, rules, litigation, and initiatives, with focus on how your normal business operations in Florida will be affected.  This timely and informative course will examine EPA’s SIP Call regarding startup, shutdown and malfunction emissions and Florida’s implementation of the National Ambient Air Quality Standards for ozone and SO2.  Other issues to be discussed include current state implementation of other federal air rules, the latest developments regarding EPA’s interstate transport rules, EPA’s CO2 rules, and changes to federal and state approaches to New Source Review.  This informative session is designed to help you stay current on the latest rules and policies – Come prepared with your questions for this panel of experts. Instructors: Robert Manning (Moderator), Jeff Koerner, Scott Osbourn, Max Lee, Jacob Williams 

EE.  ADVANCED STORMWATER TREATMENT BMPs TO REDUCE RUNOFF VOLUMES AND NUTRIENTS IN SURFACE WATER DISCHARGES Advanced Best Management Practices (BMPs) can provide multiple benefits of runoff and pollutant load reduction, aquifer recharge, flood mitigation, reduced freshwater discharges, temperature moderation,reduced water supply consumption for irrigation, shade and habitat, and life cycle cost savings. Traditional stormwater BMPs have varying effectiveness in reducing runoff and nutrient discharges to Florida’s surface waters. Increases in freshwater runoff and nutrient discharges contribute to the list of Florida’s surface waters that are designated as impaired. Excess nutrients also feed harmful algae blooms.  Advanced stormwater treatment BMPs can be used in conjunction with, or in lieu of traditional stormwater treatment practices in a BMP Treatment Train to increase runoff capture and nutrient reduction efficiencies.  Some local governments and private developers are already implementing these advanced stormwater treatment BMPs.  This session will provide an update to policy makers, developers, designers, and other community stakeholders on applications of both green LID and advanced stormwater treatment BMPs that can help reduce excess nutrients in stormwater and better protect Florida’s surface waters.   Instructors: Stephen Suau (Moderator), David Kramer, Michael Schmidt, Matt Rea 

FF. & GG.  IMPROVING COASTAL RESILIENCY IN RESPONSE TO THE THREATS OF SEA LEVEL RISE AND CLIMATE CHANGE   This informative course has been completely redesigned into a 2-part course for 2020! This panel of agency, industry and legal experts will explore the projected impacts of climate change and sea level rise in the context of infrastructure, natural systems, planning and law.   

Part 1 is designed to provide an overview of the current science of climate change with a specific focus on documented and projected impacts in Florida.  The discussion will identify current and future regulatory implications of sea level rise in Florida and at the national level.  The speakers will identify emerging partnerships/collaborations, state and federal laws, policies, and regulations that address coastal resiliency.  The  panel will also examine potential adaptation and mitigation strategies to protect infrastructure and natural systems, including a discussion on infrastructure and ecosystem level of service implications, anticipated hurdles to adaptation strategy implementation and regional work on the business case for resiliency.  Instructors: Erin Deady (Moderator), Jennifer Jurado, Rhonda Haag, Michael McMahon

In Part 2, the panel will discuss the latest tools and emerging programs at the State and Federal levels to implement more resilient infrastructure, including resiliency elements that are being added or required to funding programs and projects. Federal and state planning, funding, evaluation tools and technical assistance programs to support resiliency will also be discussed.  Evolving linkages with programs and funding resources for planning and project implementation will be highlighted, along with case studies and recommended best practices.  Come prepared with your questions for the panel as we grapple with Florida’s future in an ever-changing climate.  Instructors: Ken Metcalf (Moderator), Alex Reed, Amy Eason, Julie Dennis, Heidi Stiller

HH.  LINKING DISASTER MITIGATION AND RECOVERY WITH CLIMATE RESILIENCY   This session will provide an overview of policies and regulations that link disaster management and climate issues.  The presentation will explore these linkages as well as room for improvement in them.  With major storms impacting Florida over the last few years, agency orders are also a policy implication to be considered, both in short term response and long term planning factors.  Case studies will be presented that harmonize the concepts of planning for, or responding to, disasters and incorporating aspects of future resiliency into projects.  Finally, the session will also explore an important relationship with funding mechanisms, some of which provide dual benefits in the disaster mitigation and recovery realm as well as flexibility to add components that address future resiliency.  Instructors:  Sidney Bigham (Moderator), Paul Tschirky, John Regan, Wes Rimes, Jaime Pabon 

II.  FLORIDA’S ENERGY PROJECTS: UPDATES, OUTLOOK, AND CHALLENGES Join us to get an update on Florida energy policy and projects in the US with a focus on Florida. The panel will discuss a wide array of topics specific to Florida trends in the development of energy projects;  federal and state policies and regulations which impact development, including tax and market incentives, net metering, transmission and distributed generation, project permitting considerationsand challenges, stakeholder engagement; and a review existing and future projects in Florida.   If you have any interest in energyprojects in Florida, you cannot miss this session!  Instructors: Manitia Moultrie (Moderator), Kathy Salvador, Zeina El-Azzi

JJ. ENERGY POLICY REFORM AND IMPLICATIONS FOR FLORIDA  The panel will discuss changes in energy policy and regulation at the national and state levels, including those that affect the industry’s reliance on fossil fuels, infrastructure, and distributed and renewable energy and what it all means for Florida.  You will not want to miss these cutting-edge and thought-provoking conversations about the potential effects of these changes.  David Cabrales, general counsel for former Energy Secretary Rick Perry while he was Governor of Texas, will discuss the status of the electric power industry in Texas and current trends nationally. Ronald Brisé, former Chair of the Florida Public Service Commissioner, will explain the changes in the Federal regulations as they pertain to the electric utility industry in Florida, including observations on recent changes in the utility industry in Florida as well as the Energy Office within the Florida Department of Agriculture and Consumer Services.  Ken Kosky, who has assisted with the environmental approvals for over 30,000 megawatts of EGUs in Florida, will share his insights on EPA’s replacement of the Clean Power Plan and why Florida’s carbon dioxide emissions will continue to fall based on Florida’s 10-year Site Plans for 2020-2030 recently filed with the FPSC.  Instructors: Angela Morrison (Moderator), David Cabrales, Ronald Brisé, Ken Kosky

** FLORIDA’S WATER SUPPLY CHALLENGES: ISSUES AND ANSWERS **

KK. & LL.  EMERGING WATER SUPPLY ISSUES, INCLUDING AN UPDATE ON THE CENTRAL FLORIDA WATER INITIATIVE  Advanced discussion of multiple issues including emerging challenges in meeting future water demands; innovative water supply projects; meeting the conceptual costs of distribution and storage of reclaimed water; legal and policy issues regarding the control of reclaimed water for future public and private reuse; and regulatory challenges and innovative approaches to addressing these issues. One such approach is the Central Florida Water Initiative (CFWI). The CFWI area covers all or part of five central Florida counties, includes portions of three water management districts, the Florida Department of Agriculture and Consumer Services, as well as several regional public water utilities, landowners, local governments, agriculture and various other stakeholder interests.

Part I of the course will explore innovative water supply projects that are emerging around Florida, including the CFWI, and the role of utilities and other significant water users now and into the future.

Part II will explore how Florida will be meeting future water supply needs via new or alternate funding and public acceptance of new technologies: For example: How will recent developments in the implementation of the Florida Land and Water Conservation Amendment impact future water supply? How do we engage the public and improve awareness of future water supply needs? Here’s your chance to listen, learn, and participate during this “must attend” course.

Instructors:  Craig Varn (moderator), Ed de la Parte, Roger Sims, Ed Smith, Brian Armstrong, Ann Shortelle, Beth Ross, Jennifer Brown, Steven Memberg 

MM.  AQUIFER RECHARGE, AQUIFER STORAGE AND RECOVERY, UNDERGROUND INJECTION CONTROL AND POTABLE REUSE  This panel will discuss the current status and issues involving Florida’s underground injection control (UIC) regulatory program that authorizes the injection of fluids into underground formations. The panel will focus on the expanded use of aquifer storage and recovery and aquifer recharge projects involving potable, surface water/stormwater reclaimed water to enhance water supplies. The use of exemptions and variances to obtain UIC approvals for these projects will be examined. The panel will discuss recent legislative changes that may help to reduce the permitting complexity of these recharge projects and any regulatory changes that are needed, or which may be forthcoming. Issues and impediments to obtaining UIC authorizations for deep well disposal of waste streams will also be discussed. Come prepared to listen, learn, and participate! Instructors: Mike Condran (Moderator), Eric Olsen, Mike Coates, Jeff Greenwell, Mark McNeal, Doug Hearn 

NN. LINKING GROWTH WITH WATER SUPPLY AVAILABILITY Discussion of integrating regional water supply plans of local government with the plans and projects of water utilities through a prescribed planning process requiring cooperation between water management districts and local and regional water management districts and local and regional water utilities; regulatory incentives for the development of alternative water supplies; financial assistance for utilities; linking the growth management plans of local governments with the plans and projects of water utilities; applying the principles of consistency with concurrency as set forth in Florida law and implementing rules. Audience participation is encouraged.  Instructors: Segundo Fernandez (Moderator), Rey Malave, Rich Burklew, Robert Beltran, Matt Wissler 

OO.  MINIMUM FLOWS AND LEVELS To prevent significant harm to the water resource, the water management districts must adopt minimum flows and levels for waterbodies and groundwater according to an annual priority list.  If the waterbody does not meet, or is projected not to meet, the adopted minimum flow or level, the district must adopt a recovery or prevention strategy.  Going through this process, the water management districts have found that many waterbodies are below their established minimum flow or level and thus require a recovery or prevention strategy.  Some districts are re-evaluating their minimum flows and levels to see if they were set correctly.  Minimum flows and levels and their associated prevention or recovery strategies can affect water users by causing cutbacks on existing sources, forcing development of alternative water supplies, and forcing participation in aquifer or surface water body recharge projects, in each case creating general uncertainty.  This course focuses on the process by which minimum flows or levels are developed and adopted, while also identifying where minimum flows or levels are already in place or are scheduled for adoption in the future, how water users are impacted, and what you can do to protect your water uses.  Instructors: Doug Manson (Moderator), Mike Register, Don Medellin, Sky Notestein, Jennette Seachrist, Carlos Herd 

PP. & QQ.  EMBRACING WATER SUPPLY SUSTAINABILITY:  THE CRITICAL ROLE OF ALTERNATIVE WATER SUPPLY AND REUSE As Florida’s demand for water grows, the water pie must also grow in order to satisfy these future demands.  While conservation is an important tool, states must incorporate reuse as a source of water to meet growing needs and protect against environmental degradation.  Is it time to recognize that there may be better uses for reuse water than residential irrigation?  Is Florida ready to accept indirect or direct potable reuse?  Is the future for reuse related to aquifer replenishment?  Join us for an intriguing discussion on the policies needed to advance reuse in the Sunshine State including a discussion on 2020 legislation, the Potable Reuse Commission, upcoming regulatory activities, national reuse activities, direct and indirect potable reuse, end-users’ concerns, while also highlighting successful projects and future projects such as regional aquifer replenishment.  Instructors: Laura Donaldson (Moderator), Chuck Drake, Randy Brown, Lynn Spivey, Kerry Kates, Mandi Rice 

RR.  USING PUBLIC-PRIVATE PARTNERSHIPS TO SOLVE FLORIDA’S WATER CHALLENGES Florida is faced with significant water shortages projected to be an estimated 2 billion gallons per day by 2025 unless proactive action is taken. Florida is also confronting significant water quality challenges, including meeting recently enacted Numeric Nutrient Criteria, TMDLs and restoration targets. How can the private sector help public entities with these issues? Part of the solution may be the development of long-term contractual arrangements between public utilities and private land owners in the storage, production, reuse and treatment of water. The panel will discuss advantages and difficulties in developing public-private partnerships, recent legislative changes at the state and federal level, and success stories in meeting Florida’s future water needs. This is a very timely and highly recommended course! Instructors:  John Fumero (Moderator), Jack Fiveash, Pat Lehman, Ernie Cox

** SPECIAL COURSE SERIES ON WATER QUALITY **

SS.  NEW DEVELOPMENTS IN WATER QUALITY PERMITTING  With all the attention on emerging contaminants of concern, including PFOA/PFAs controversy, this course is a must-attend!  This panel of experts will provide timely updates on new ways the Department of Environmental Protection and EPA are addressing water quality issues; also includes basic as well as advanced discussion on water quality discharge permitting, whether from industrial, domestic, or other discharge sources; emphasis on current agency practices, and updates on pending legal changes; emerging water quality issues affecting industry, regulations and the general population. Come prepared with your questions!  This course is designed for extensive audience participation. Instructors: Tim Atkinson (Moderator), Ric Fraxedas, Bruce Nocita, Ken Watson

TT.  INNOVATIVE SOLUTIONS TO STORMWATER MANAGEMENT  This course was introduced in 2017 to provoke “outside-of-the-box thinking” and is back by popular demand! Our panel of experts will examine many unconventional and some entirely new approaches to managing stormwater! While Florida was a pioneer in the regulation of stormwater – dating back to the establishment of the MSSW program in 1972 – are we too focused on regulation today and missing an opportunity to once again be a pioneer? If we started over today with a blank sheet of paper, how should we address stormwater management?  How would we better target and fund it? How do we incentivize harvesting stormwater for water supply? How would “stormwater credit trading”, stormwater “co-ops”, or a “cap and trade” system work? Might we do better in springsheds? This panel will examine a number of “mission-driven”, rather than “regulatory-driven”, alternatives to our current system of stormwater management, and the audience should come prepared to participate in what is sure to be a lively and thought-provoking discussion!  Instructors: Rick Renna (Moderator), Mark Thomasson, Ann Shortelle, Jennifer Green 

UU. IMPLEMENTING FLORIDA’S NUMERIC NUTRIENT CRITERIA   This course is updated for 2020! This course now focuses on the science of dealing with NNC and current experiences around the state, and it not a course for the uninformed.  Your course “text” will be DEP rules and documents governing the implementation of numeric nutrient criteria.  Your instructors will discuss these rules with their strengths and weakness and potential pitfalls for permittees.  There will be opportunity for exchange among panelists and audience during this highly technical course designed to explore and provide an update on this extremely significant rule and how all affected parties are dealing with the numerous scientific, technical and legal issues involved in the application of NNC in Florida.Instructors:  Dave Tomasko (Moderator), Dan Hammond, Ken Weaver, Tony Janicki 

VV.  NUMERIC NUTRIENT CRITERIA FOR STORMWATER; EMERGING ISSUES   This course will present background on numeric nutrient criteria (NNC) and related constraints and opportunities for integrated stormwater management solutions.  Speakers will present both engineering and agency perspectives and case examples.  This extremely important course will explore one of the least understood and perhaps the most challenging aspect of NNC compliance.  Come prepared to ask questions and engage in an interesting and timely discussion of this important topic.  Instructors:  Gary Serviss, Patrick Shearer, Ken Weaver

WW.  COMPREHENSIVE WATERSHED MANAGEMENT  This course is redesigned for 2020! The panel of experts will provide an in-depth examination of agency emphasis on watershed management as a means of comprehensively integrating a variety of planning and regulatory programs currently implemented by DEP and water management districts; these include TMDLs, stormwater, NPDES, PLRGs, Water Quality Credit Trading, and both structural and non-structural floodplain planning and management; practical considerations; organizing stakeholders; discussion of need for statutory changes as well as changes to current agency practices. Audience participation encouraged. Instructors: Debbie Madden (Moderator), Steve Lienhart, Tom Frick, Ann Redmond, Mark Ellard 

XX.  USE OF WETLANDS FOR STORMWATER AND WASTEWATER TREATMENT  Wetlands can provide for natural, low-energy and environmentally beneficial water quality improvement. This exciting course describes the history, regulations, progress and prospects in treatment wetland science and engineering in Florida and includes: a summary of Florida’s unique Wastewater Application Rule (Ch. 62-611, FAC); a detailed overview of stormwater treatment wetland design and benefits, with pertinent case histories of wetlands providing water quality treatment, recharging aquifers, and creating high quality wetland habitat; an overview of the world’s largest treatment wetlands, the Everglades Stormwater Treatment Areas, that summarizes findings of the Science Plan on wetland performance and optimization; and case histories illustrating recent advances in natural treatment technologies that minimize area requirements while intensifying performance.  Audience participation is encouraged.  Instructors: Jim Bays, Chris Keller, Sara Phelps 

YY.  FLORIDA NPDES UPDATE The panel of experts will provide a timely update on procedural and substantive considerations in permitting under the NPDES program, including stormwater; numeric nutrient criteria; program administration; case law update; enforcement and citizen suits; additional compliance considerations; how to interpret complex regulations; examples of industrial and construction applications; implementation of stormwater NPDES; MS4 program; current agency practices; and emerging trends and issues. Audience participation is encouraged!Instructors: Winston Borkowski (Moderator), Kate Rogers, Blake Guillory 

** WETLANDS PERMITTING AND MITIGATION **

ZZ.  THE ESSENTIALS OF OBTAINING AN ENVIRONMENTAL RESOURCE PERMIT: THE NUTS AND BOLTS OF ERP PERMITTING  This course will provide a detailed and in-depth breakdown of all aspects and components necessary for the environmental professional to obtain an ERP permit in an efficient and effective manner. This course will take the audience through all the steps in the review and issuance of an ERP permit including an administrative permit challenge. In addition, the course will discuss how new and proposed rules and policies are affecting the permitting process. Learn from this highly-experienced panel all of the essential criteria and policies, including wetland and mitigation requirements, stormwater requirements, water quality and administrative and legal requirements critical to finalize a permit. There will also be a discussion relating to the delegation of portions of the ERP to local governments. This course is a must for environmental professionals who want to understand all aspects of ERP permitting to better represent their clients and deliver efficient results. Audience participation encouraged. Instructors: Luna Phillips (Moderator), Shannon Ruby Julien, Michelle Hopkins, Carl Spirio, Rick Tschantz

AAA.  EMERGING ISSUES IN ENVIRONMENTAL RESOURCE PERMITTING  This extremely informative and timely course combines the legal principles of ERP permitting, incorporating recent changes in policy and rulemaking, with practical tips for achieving compliance, and avoidance of process “pitfalls” from the viewpoint of both regulators and practitioners.  The panel presentation will be free flowing with considerable audience participation led by lawyers and scientists from the public and private sectors.  The course assumes a working knowledge of the ERP process and criteria, and it is intended to examine emerging issues that make or break applications, including those subjected to the extraordinary scrutiny of an administrative hearing. Course will also examine what the recent changes and new issues means for ERP applicants. Audience participation encouraged.  Instructors: Amelia Savage (Moderator), Shannon Gonzalez (Flatwood), Michelle Reiber, Julie Sullivan, John Fumero 

BBB.  FEDERAL WETLANDS PERMITTING UPDATE  This excellent course provides the latest updates to the Army Corps of Engineers’ Section 404 (Clean Water Act) and Section 10 (Rivers and Harbors Act) permitting process, including best practices for navigating through their complexities.  Our panel of experts will feature step-by-step analysis of the ACOE permitting process including illustrative case study examples; emphasis on the key components to enhancing the speed of the application process; and avoiding pitfalls and other time sinks in order to obtain a favorable ACOE decision. This advanced course is designed for active audience participation. Instructors: Deborah Getzoff (Moderator), Mike Drauer, Tom Roberts, Kelly Unger, Kerri MacNutt 

CCC.  WETLAND JURISDICTION METHODOLOGY: A STATE AND FEDERAL UPDATE  This course was significantly redesigned for 2017 and has been updated to address recent proposed rule changes at the state and federal level. If you want to know precisely how wetland jurisdiction is determined, and the subtle and not so subtle differences between Florida’s uniform statewide wetland methodology and Federal wetland methodology, and how this may be changing, this is your course! This carefully designed panel discussion will analyze state and COE wetland jurisdictions, making use of comparisons and contrasts as appropriate; covers application of vegetation, soils and hydrologic indicators in determining presence of wetlands using state and COE methodologies; covers altered and non-altered sites; emphasis on practical application and dispute resolution; examples and case studies will be discussed. You will also hear the latest updates on wetlands law and regulation at the federal level, including the status of recent and ongoing legal challenges, any new guidance or policy put forward by the current Administration, and what they could mean for development in Florida.  This course is designed for extensive audience participation.  Instructors:  Mike Dennis (Moderator), Ed Murawski, Tim Perry, Mike Nichols, Steve Currie, Krista Sabin, Debbie Madden

DDD. UMAM BASICS AND BEYOND  In Florida, the Uniform Mitigation Assessment Method (UMAM) is used by local, state and federal regulatory agencies to determine the amount of mitigation necessary to offset impacts to wetlands and other surface waters and the number of mitigation credits to be assigned to a mitigation bank. This course will focus on UMAM fundamentals with additional discussion reflecting any recent policy or rule changes under consideration by the FDEP and the panel’s experience with thousands of individual UMAM assessments. Audience participation is encouraged! Instructors: Penny Cople (Moderator), Ed Cronyn, Shannon Gonzalez, Tim Rach

EEE. WETLANDS MITIGATION BANKING LATEST UPDATES  This course is completely redesigned for 2020! The growth of Florida’s mitigation banking industry has resulted in over 100 permitted banks providing mitigation to 4,000+ projects throughout the state. As the industry evolves, changes in regulatory and policy standards are inevitable. This course focuses on recent changes on a national and state level that affect the mitigation banking industry and associated development in Florida. Prospective and current mitigation bankers and users of mitigation bank credits need to understand these changes to ensure compliance and to achieve efficient and timely permit processing. Updates will be provided on USACE’s new Mitigation Banking Instrument, new Financial Assurance requirements, implications of HB 521, changes in the definition of Waters of the United States (WOTUS) and mitigation challenges associated with Florida Multi-use Corridors of Regional Economic Significance (M-CORES). Instructors:  Beverly Birkitt (Moderator), Clif Payne, Chris Tanner, Penny Cople, Brent Setchell

FFF. STREAM RESTORATION AS A BMP – FROM FEASIBILITY TO IMPLEMENTATION  New topic for 2020!  Stream restoration projects can provide numerous benefits to the watershed, including improved nutrient attenuation, enhanced fish and wildlife habitat and abundance, as well as increased bank and channel stability. This course focuses on the different components that encompass stream restoration projects, which include stream classification, feasibility, design and permitting, construction and post-construction monitoring and more. This session will also highlight case-studies with innovative stream restoration techniques specifically suited for Florida conditions. In addition, panelists will discuss how stream restoration as a BMP could provide water quality credits for TMDLs. Come prepared with your questions for this panel of experts! Audience participation is highly encouraged! Instructors: Mary Szafraniec (Moderator), Janie Hagberg, John Kiefer, John Ryan, Bill Brammell, Julie Espy

 ** COASTAL PERMITTING AND STATE SOVEREIGN LANDS **

GGG. & HHH.  PERMITTING AND DEVELOPMENT IN THE COASTAL MARINE ENVIRONMENT  This informative course has been completely redesigned into a 2 part course for 2020! So, your proposed project is located over state owned, Sovereign Submerged Lands, or in an Aquatic Preserve.  How do you navigate the additional hurdles such as considerations over highly protected marine resources, greater limitations on project size or scope, limitations or even prohibitions on dredging, and a potential visit to the Governor and Cabinet? Come listen to a panel of experts as they provide an overview of the latest changes, emerging issues and challenges with regard to DEP’s proprietary authority over state-owed submerged lands. The course includes a comprehensive update on which lands are considered “sovereign”; the latest trends in determining the boundary between public and private lands in the permitting process; recent enforcement actions on lands where DEP believes the submerged lands are sovereign and where the upland landowner also claims ownership of the same submerged lands; recent developments regarding balancing the rights of riparian waterfront owners versus the public interest consideration in state-owned submerged land; a discussion of special permit conditions, considerations and procedure and practices in requesting authorization to use sovereign submerged land for private uses; and an explanation of the process of gaining approval for your project from the Division of State Lands and the Governor and Cabinet.  Bring your questions, because this course is designed for extensive audience participation!  Instructors: Andy Baumann (Moderator), Matthew Butler, Tim Rach, Amelia Savage, Spencer Crowley, Danielle Irwin, Jen Mathia 

III.  COASTAL CONSTRUCTION CONTROL LINE PERMITTING  Development within the dynamic and sensitive coastal beach environment requires a special permit from the Florida Department of Environmental Protection. This course examines the regulatory framework and practical aspects of Coastal Construction Control Line permitting for beachfront structures and activities. Covers current agency procedures and practices with respect to structure siting and design, including respective responsibilities of state and local agencies; emerging agency policy; special permitting considerations for storm impact planning and emergency response, including appropriate use of coastal armoring structures. Always a timely and informative course.  Instructors:  Fred Aschauer (Moderator), Christy Brush, Darwin Stubbs, Alex Reed

JJJ. MITIGATION OF SEAGRASSES AND MANGROVES IN FLORIDA  Updated for 2020! This session will address the types of permits (CCCL, ERP, JCP) that apply to marine-related projects and includes presentations on how the ecology and biology of Florida’s seagrasses and mangroves drive the reality of regulatory responses; what restoration options and assessment strategies are available and appropriate; the challenges of the permitting process and the importance of establishing realistic restoration goals that can be measured as well as attained. Also, some focus will be given to UMAM assessments for seagrass impacts and mitigation; living shorelines, mangrove restoration and other estuarine restoration techniques; and restoration site selection, techniques, and monitoring in the context of the regulatory environment. This course provides excellent coverage of a very complex subject.  Instructors:  Ed Steinmeyer (Moderator), Mark Fonseca, Ray Dennis, Jason Andreotta, Jennifer Baez 

KKK.  BEACH RENOURISHMENT AND NEARSHORE HARDBOTTOM Beaches are a valuable resource in Florida, as they provide storm protection to upland infrastructure, nesting habitat to sea turtles, and recreational value to tourists and locals.  Since development has interrupted the natural littoral drift of sediment along Florida’s coast, and effective bypassing is not occurring at all inlets, it is necessary to nourish these sandy beaches on a recurring basis.  Important aquatic resources are located immediately offshore of many sandy beaches in Florida.  This session will present the types of aquatic resources located offshore; methods for offshore ecological monitoring; impact avoidance, minimization, and mitigation; and environmental permitting challenges.  Come prepared to explore the intertidal and subtidal ecosystems! Instructors:  John Wallace (Moderator), Erin Hodel, Penny Cutt, Jennifer Bistyga

** IMPERILED SPECIES **

LLL.  FUTURE DIRECTIONS FOR SPECIES MITIGATION AND CONSERVATION BANKING  This panel will provide the latest information on Candidate Species Updates, State and Federal current and future mitigation policies related to species, and the implications for both public and private infrastructure projects. Course covers new mitigation policy related to species impacts for all USFWS agency actions under both the CWA and ESA.  Discussion of updated Imperiled Species Action Plans.  Get the latest information and hear the discussion on the implications for Florida.  Instructors: Kae Hovater (Moderator), David John, Jennifer Goff, Dave Hankla 

MMM. OVERVIEW OF REGULATIONS AND EMERGING ISSUES AFFECTING IMPERILED SPECIES  Many imperiled wildlife species spend some if not all of their life-cycles in Florida.  The Florida Fish and Wildlife Conservation Commission has been working closely with the U.S. Fish and Wildlife Service in developing effective regulations that promote the conservation and management of imperiled species and habitat in Florida.  The members of this panel have been actively involved in the development and implementation of these important management practices, policies, guidelines, and regulations. The panel will review current federal and state regulations, and discuss emerging issues affecting imperiled wildlife species and habitat and how those issues could affect land uses in Florida.Bring your questions—this panel encourages panelist collaboration and audience participation! Instructors:  Jeff Collier (Moderator), Jennifer Goff, Dave Hankla, Colleen Reilly, Ken Passarella

NNN.  SUCCESSFUL APPLICATIONS OF IMPERILED SPECIES MANAGEMENT PRACTICES   No less than a dozen landscape-scale wildlife and habitat planning programs are currently being implemented collaboratively in most cases by the Florida Fish and Wildlife Conservation Commission, US Fish and Wildlife Service, other regulatory agencies and conservation organizations. These initiatives generally involve development of state-wide management plans for high profile wildlife species, implementation of a revised state listed process for imperiled wildlife species, habitat identification and ranking analyses for preservation, best management practices for wildlife on agricultural lands and consolidation of regulatory processes. Each of these programs has potential to profoundly affect the ways we conserve listed species and the habitats upon which they depend. They also will affect the responsibilities of regulators, land managers and consultants. Members of this panel will offer a review of these evolving policies by detailing key species issues and providing examples of successful project applications. Come prepared with your questions. Audience participation encouraged!  Instructors: Colleen Reilly (Moderator), Austin Carroll, Gisele Colbert, Dylan Larson, Kristin Eaton, Cole Fredricks 

OOO. & PPP.  FRESH FROM FLORIDA: EMERGING ISSUES IN AGRICULTURE & THEIR EFFECT ON THE ENVIRONMENT  Florida agriculture has a significant role to play in meeting the food and commodity production needs of a growing world population-and an equally important role in environmental stewardship. This course will discuss emerging issues that are likely to impact Florida farmlands and the Florida agricultural community, particularly those issues affecting the use and management of agricultural lands and water and the impact of those practices on wetlands, water supply, water resources, and conservation.  Expect the panelists to discuss recent state and federal legislation affecting agriculture in Florida, emerging topics in best management practices (BMPs) for agriculture, such as advanced water quality BMPs, and new approaches for obtaining both binding and non-binding determinations on whether your activities on agricultural lands need an Environmental Resource Permit.  Our experienced panelists will give you the latest information on water supply planning on agricultural lands, water quality and wildlife BMPs, practical tips on the binding determination process, and strategies on agricultural lands that can minimize environmental impacts, avoid permitting requirements, and manage wildlife interactions to minimize conflicts.  We will even attempt to forecast the future of agriculture in the state, with new cash crop opportunities like hemp production and what that might mean to the state. Don’t miss it! Instructors: Susan Stephens (Moderator), Chris Pettit, Steven Hall, Jennifer Goff, Valerie Seidel, Len Lindalh, Ansley Marr Tilley, Stan Posey

QQQ. THREATENED AND ENDANGERED SPECIES IN THE MARINE REALM   Extremely timely and informative course will “cover the bases” from NEPA to permitting; critical environmental issues including Johnson Seagrass, ESA protected marine species and essential fish habitat, sea turtles, and marine mammals; use of UMAM and HEA for determining mitigation requests; examples of lessons learned in dealing with and applying federal and state requirements to seaports, beach renourishment, and coastal development; discussion of emerging issues.  Audience participation encouraged!  Instructors: Penny Cutt (Moderator), Bill Precht, Mary Jo Barkaszi

 ** WASTE MANAGEMENT AND SITE REMEDIATION **

RRR. WASTE MANAGEMENT PROGRAMS OVERVIEW The Division of Waste Management touches many areas ranging from Brownfields and emerging contaminants to solid and hazardous waste regulation.  It also formulates policy and coordinates with the six regulatory Districts on enforcement and compliance assistance.  This is a class to introduce a wide audience to one of the largest operations units of FDEP.  You will learn what are the Division’s several programs and how they are implemented throughout the State and relate to ensuring that as Florida grows, the Division keeps pace with its mission.  Has compliance assistance paid dividends on RCRA, USTs, solid waste and other program’s compliance?  What are the most common violations on several programs? What do their data and dashboards show? How can most RCRA, UST, and solid waste violations be avoided? What are the latest trends in Risk Assessment and the interaction between the Division and risk assessors?  What are the next areas of engagement in Risk Assessment?  What areas of solid waste are being investigated by top researchers funded by the Hinkley Center for Hazardous Waste and what do their research show? As several cleanup programs mature, what will be emerging contaminants that all stakeholders will have to be prepared for?  How is the Division and industry reacting to these? How does the Division relate to other Divisions? Our panel will consist of past and present state regulatory leaders, private corporate leaders, consultants, attorneys, and professors who will give their impressions and encourage audience participation.  Instructors: Joe Ullo (Moderator), Joseph Applegate, Tim Bahr, Neil Kutchera, Steve Roberts 

SSS. HOT TOPICS/EMERGING ISSUES IN WASTE MANAGEMENT As developable land demand continues to be unabated in our State, contaminated media management and cleanup in Florida has evolved over the last few years. Several processes to facilitate reuse of contaminated properties are in place and are being followed by lawyers and consultants, however, these processes have also brought many unforeseen challenges of their own.  Panelists will discuss challenges they experience in their practice as they approach site closures and how they approach resolving these challenges. Also, the round-table format discussions will involved the latest in stormwater management in contaminated media; emerging contaminants (PFAS) and reopeners, what are monetary and legal risks on emerging contaminants (do we have another focused trust fund in the making?), statutory proposals being considered for 2020, the evolution of “background” determination, upcoming policy changes, the latest from the utilities world, and several other hot topics that are sure to capture the audience’s attention.  This class has been standing-room only in the past and the round-table format allows active panel and audience interaction.  Come, listen and learn from instructors that are on the forefront of hot issues and how they navigate through the latest challenges.   Instructors:  Jorge Caspary (Moderator), Ron Noble, Laurel Lockett, Frank Hearne, Al Malefatto, Howard Nelson, Mike Petrovich, Jason Lichtstein

TTT.  FLORIDA SOLID WASTE REGULATION UPDATE  Florida has long been one of the nation’s leaders in effective waste management and recycling programs.  Florida’s population is anticipated to reach nearly 26 million residents by 2030.  How will the State address the waste management demands of these additional 6 million citizens?  Hear this panel of experts address a wide range of waste management regulatory issues and forecasts including the status of Florida’s progress towards its 75% recycling goal, current technical, regulatory, and market challenges and obstacles to recycling like contaminated recyclable material and decreased international demand, industrial solid waste disposal developments, waste tire management in the face of the Zika threat, recent lessons learned in hurricane debris collection and management, and “recycling” of former waste disposal areas into productive land uses.  Instructors:  Mike Petrovich (Moderator), Brian Moore, Dawn McCormick, Gene Jones, Tim Bahr

UUU. & VVV.  FLORIDA BROWNFIELDS: A COMPREHENSIVE TECHNICAL, REGULATORY, AND LEGAL UPDATE  This panel will examine the current state of regulatory and financial incentives as well market dynamics, financing considerations, and other concerns that help private developers and local governments collaborate to overcome the risk, limit the liability, and manage the cleanup costs associated with taking title to and redeveloping contaminated sites.  Specific examples of successful and profitable projects and the community benefits they create will be discussed. A comprehensive discussion of applicable Florida and federal rules and best management practices will be presented by a leading panel of Florida experts who will also provide a replicable, scalable, and easy-to-follow path for private development principals, local government planners, lenders, and other brownfield stakeholders.  After this class, attendees will be well-positioned for success.  Instructors:  Michael Goldstein (Moderator), Mike Schackne, Maribel Nicholson-Choice, Robyn Neely, Janet Peterson, Rick Burgess, Tom Lewis or Mark Mulligan, Theresa Booeshaghi

WWW. EMERGING ISSUES IN POLLUTION LIABILITY IN FLORIDA  On December 19, 2019, the Florida Supreme Court issued its ruling in Lieupo v. Simon Trucking, holding that Section 376.313, Florida Statutes, a statute which was previously argued to be limited to private claims for property damage, includes claims for personal injury damages. Unless the statute is revisited by the Florida Legislature, this ruling will have significant consequences for businesses and industries which may have potential liability for pollution.  This recent ruling is expected to only increase the recent national trend of private environmental litigation, which includes those lawsuits filed in response to the emerging contaminants PFOS/PFAS, which has also been receiving intensive regulatory attention.  This course will cover these emerging issues, explain the legal and technical issues which arise in these cases, highlight the resulting potential impacts to property owners and businesses, and provide a forum for discussion on what businesses and  industries can do to prepare for and respond to these claims, including insuring against such risks.  Instructors:  Ralph DeMeo (Moderator), Meredith Delcamp, Jim Oliveros, Dr. Chris Teaf, Mary Gerding

XXX. REMEDIATION STRATEGIES & CASE STUDIES This course presents legal and practical strategies for site remediation in a variety of scenarios.  Case studies will focus on creative solutions, regulatory flexibilities, and innovative technologies used to achieve site closures. A must-attend, timely, and informative course designed for active audience participation.   Instructors: Carl Eldred (Moderator), Eddy Smith, Nick Albergo, Jeff Peters, Steven Folsom

YYY. MANAGING THE REGULATORY AND TRANSACTIONAL RISKS OF EMERGING CONTAMINANTS SUCH AS PFAS  The regulatory treatment of the family of per- and polyfluoroalkyl substances (“PFAS”) is a moving target. Since PFAS was identified as an emerging contaminant affecting certain water supplies under the EPA’s Unregulated Contaminant Monitoring Rule at the end of 2015, neither the federal government nor the FDEP have taken steps to promulgate new standards. Rather, both the EPA and FDEP have relied on health advisory levels (“HALs”) to evaluate whether a regulatory response is warranted. On February 20, 2020, one year after publishing its PFAS Action Plan, the EPA proposed regulatory determinations to regulate PFAS. This panel will answer several important questions, such as: What is the regulatory status at federal level? How is Florida responding? How are other states responding? What is the regulatory and transactional significance of a HAL versus a promulgated or provisional groundwater cleanup target level (“CTL”)?  Are any PFAS now “hazardous substances” under CERCLA or otherwise regulated substances under state or federal law? How does that regulatory context impact regulatory and transactional obligations — both retroactive and looking ahead (Site Rehabilitation Completion Orders, continuing obligations, warranties and indemnification obligations, etc.)?  How is (and should) PFAS and other emerging contaminant risk managed in the due diligence process by the consulting industry? Understanding this context, what should lawyers be mindful of in advising clients, including available risk management tools such as environmental insurance?  Finally, where are the environmental insurance carriers on PFAS risk and what coverages are available? Instructors: Joe Ullo (moderator), Laurel Lockett, Viraj deSilva, Annielu DeWitt (Clean Harbors), Scott Houldin