62-624.810. Permit Application Procedures for Phase II MS4s

(1) The entity responsible for the operation of a regulated Phase II MS4, under Rule 62-624.800, F.A.C., must seek coverage:

(a) Under paragraph 62-621.300(7)(a), F.A.C., which incorporates the Department’s Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems, by filing a Notice of Intent to Utilize the Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems as incorporated by reference by paragraph 62-621.300(7)(b), F.A.C. The NOI must include a summary description of the best management practices and measurable goals as set forth in the Phase II MS4 GP; or

(b) Under an individual Phase II permit following the Phase I application procedures of Rule 62-624.400, F.A.C., and fee schedule as set forth in Rule 62-4.052, F.A.C.; or

(c) As a co-permittee under an existing MS4 permit as set out in subsection 62-624.810(2), F.A.C.

(2) If the Phase II MS4 is in the same urbanized area as a Phase I MS4 with an NPDES stormwater permit and the permitted Phase I MS4 consents, in writing, to allow the regulated Phase II MS4 to participate in its stormwater program, the Phase II MS4 and the existing Phase I MS4 may jointly seek a modification of the original Phase I MS4 permit to include the newly regulated Phase II MS4 as a co-permittee. As a co-permittee, the Phase II MS4 will be responsible for compliance with the permit's conditions applicable to its jurisdiction. If a Phase II MS4 pursues this option the proposed permittee must comply with the permit application requirements of Rule 62-624.400, F.A.C., which incorporates 40 CFR 122.26, rather than the requirements of this section, Rule 62-624.810, F.A.C.

(3) If an MS4 operator is responsible for MS4 facilities located wholly or partially within more than one urbanized area, the operator may file a single Notice of Intent, if using the Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems (MS4s). If the operator elects to submit a single NOI, the Stormwater Management Program must address all such MS4 facilities and be applied uniformly throughout the operators system or systems however, the operator shall be considered a single entity for the payment of application fees and for filing annual reports.

(4) Application deadlines for regulated Phase II MS4s are as follows:

(a) If designated under paragraph 62-624.800(1)(a), F.A.C., based upon the 1990 Decennial Census, the proposed permittee must apply for coverage under an individual or generic Phase II MS4 permit, or apply for a modification of an existing Phase I MS4 permit, under subsection (2) of this rule, by June 1, 2003.

(b) If designated under paragraph 62-624.800(1)(a), F.A.C., based upon the 2000 Decennial Census, the proposed permittee must apply for coverage under an individual or generic Phase II MS4 permit, or apply for a modification of an existing Phase I MS4 permit, under subsection (2) of this rule, by June 1, 2004.

(c) If designated under paragraph 62-624.810(1)(b), F.A.C., the proposed permittee must apply for coverage under an individual or generic Phase II MS4 permit, or apply for a modification of an existing Phase I MS4 permit, under subsection (2) of this rule, within one year of notice.

(d)  If an MS4 becomes a regulated MS4 due to incorporation as a new municipality or redefinition of an urbanized area or areas, the proposed permittee must apply for coverage under an individual or generic Phase II MS4 permit, or apply for a modification of an existing Phase I MS4 permit, under subsection (2) of this section, within one year of the event causing the MS4 to become a regulated MS4.

Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History–New 5-1-03.