In October 2000, the Environmental Protection Agency authorized the Florida Department of Environmental Protection (Department) to implement the National Pollutant Discharge Elimination System (NPDES) Stormwater permitting program in the State of ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-4.050: Procedures to Obtain Permits and Other Authorizations; Applications
62-4.052: Regulatory Program and Surveillance Fees for Wastewater Facilities or Activities Discharging to Surface Waters
PURPOSE AND EFFECT: In October 2000, the Environmental Protection Agency authorized the Florida Department of Environmental Protection (Department) to implement the National Pollutant Discharge Elimination System (NPDES) Stormwater permitting program in the State of Florida. Costs to implement the Program have increased. Section 403.0885, Florida Statutes (F.S.), requires that fees collected by the Department are adequate to cover the entire cost to the Department for program management, for reviewing and acting upon any permit application, and to cover the cost of surveillance and other field services of any permits issued. To comply with this statute, it is necessary to increase NPDES Stormwater permitting and annual surveillance fees at this time. The rule, as amended, increases the following fees:
Generic Permit for Stormwater Discharge from Large and Small Construction Activities
No Exposure Certification for Exclusion from NPDES Stormwater Permitting
Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems (MS4s)
Phase I Municipal Separate Storm Sewer System (MS4) annual surveillance fees
OGC #: 07-0440
SUMMARY: The proposed rule amendment will increase certain NPDES Stormwater permitting fees in paragraph 62-4.050(4)(d) and Phase I MS4 annual surveillance fees in subsection 62-4.052(10), F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061, 403.087(6) FS.
LAW IMPLEMENTED: 403.087(6), 403.0885 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: September 3, 2007, 1:00 p.m. EST
PLACE: Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 hours before the workshop/meeting by contacting: Robin Babin, Florida Department of Environmental Protection, NPDES Stormwater Section, 2600 Blair Stone Road, MS #2500, Tallahassee, Florida 32399; telephone [phone]; email [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Steven Kelly, Florida Department of Environmental Protection, NPDES Stormwater Section, 2600 Blair Stone Road, MS #2500, Tallahassee, FL 32399-2400; [phone]; email [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-4.050 Procedures to Obtain Permits and Other Authorizations; Applications

(1) through (4)(c) No change.

(d) Stormwater facilities or activities regulated under Section 403.0885, F.S.

 

1. Generic Permit for Stormwater Discharge from Large and Small Construction Activities.
a. Activities disturbing 5 or more acres (large)	$400 300
b. Activities disturbing 1 acre of land or greater and less than 5 acres (small)	$250 150
2. Multi-Sector Generic Permit for Sstormwater Ddischarge Aassociated with Iindustrial Aactivity	$500
3. No Exposure Certification for Exclusion from NPDES Stormwater Permitting	$200 100
4. Stormwater discharge associated with industrial activity permitted under Chapter 62-620, F.A.C.	$1,000
5. Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer System (MS4s):
a. Phase II MS4s in a jurisdiction with a population of 50,000 or greater as determined by the latest Decennial Census by the U.S. Bureau of Census 2000 Federal Census.	$11,700 7,800
b. Phase II MS4s in a jurisdiction with a population of greater than 10,000 but less than 50,000 as determined by the latest Decennial Census by the U.S. Bureau of Census. 2000 Federal Census.	$7,988 5,325
c. Phase II MS4s in a jurisdiction with a population of 10,000 or less as determined by the latest Decennial Census by the U.S. Bureau of Census 2000 Federal Census.	$5,625 3,750

 

Specific Authority 373.026, 373.043, 373.414, 373.418, 373.421, 403.061, 403.087, 403.704(30), 403.805 FS. Law Implemented 373.109, 373.309, 373.409, 373.413, 373.4135, 373.414, 373.4145, 373.418, 373.421, 403.061, 403.087, 403.0877, 403.088, 403.722, 403.861(7) FS. History–New 5-17-72, Amended 6-19-74, 7-8-82, Formerly 17-4.05, Amended 11-15-87, 8-31-88, 10-3-88, 4-4-89, 3-19-90, 6-11-90, 3-7-91, 3-18-91, 5-30-91, 10-30-91, 11-16-92, 12-21-92, 7-11-93, 2-2-94, Formerly 17-4.050, Amended 11-23-94, 4-30-95, 7-4-95, 12-15-98, 10-22-00, 6-1-01, 1-30-03, 2-19-03, 4-3-03, 5-1-03, 2-7-06, ________.

 

62-4.052 Regulatory Program and Surveillance Fees for Wastewater Facilities or Activities Discharging to Surface Waters.

(1) through (9) No change.

(10) The annual fee for Phase I municipal stormwater facilities, and Phase II facilities subject to an individual permit, as regulated under Chapter 62-624, F.A.C., shall be as follows:

(a) Fees for each Municipal Separate Storm Sewer System (MS4) permit shall cover the cost of surveillance and the regulatory program, including processing of annual reports, revisions, and permit applications and re-applications. Annual fees for MS4s shall be based on the total MS4 permit population. The total MS4 permit population is equal to the sum of the populations of each of the named co-permittees to a MS4 permit. Populations used for all MS4 fee determinations shall be the 2005 1998 estimates as listed in the 2006 1999 edition of the Florida Statistical Abstract, published by the Bureau of Economic and Business Research, University of Florida. Fees are calculated using the formulas established in paragraph 62-4.052(10)(d), F.A.C. Total permit populations and associated fees are indicated for each permit below:

 

	Permit	Total Population		Fee
1.	Bradenton	54,303	48,029	$4,340	3,221
2.	Broward	1,410,561	1,143,767	$48,264	35,563
3.	Dade		1,435,909		$41,990
3.4.	Escambia	303,623	296,164	$20,591	16,916
4. 5.	Ft. Lauderdale	171,344	149,798	$17,284	13,696
5. 6.	Hialeah	230,407	209,415	$18,760	15,007
6. 7.	Hillsborough	783,007	628,562	$32,575	24,228
7. 8.	Hollywood	143,025	126,917	$16,576	13,192
8.9.	Jacksonville	837,983	724,157	$33,950	26,331
9.10.	Jacksonville Beach	21,531	20,600	$2,702	2,124
10.11.	Lee	549,442	399,627	$26,736	19,192
11.12.	Leon	96,330	89,995	$6,442	4,900
12.13.	Manatee	247,471	196,343	$19,187	14,720
13.14.	Miami	386,882	364,765	$22,672	18,425
15.	Neptune Beach*		7,477		$949
14.	Miami-Dade County	1,720,800		$56,020
15.16.	Orange	821,519	640,992	$33,538	24,502
16.17.	Orlando	217,567	180,462	$18,439	14,370
17.18.	Palm Beach County	1,262,520	989,707	$44,563	32,174
18.19.	Pasco	404,930	321,074	$23,123	17,464
19.20.	Pinellas	691,971	649,028	$30,299	24,679
20.21.	Polk	541,840	465,858	$26,546	20,649
21.22.	Reedy Creek District	82,300	73,000	$5,740	4,147
22.23.	St. Petersburg	253,902	241,625	$19,348	15,716
23.24.	Sarasota	367,867	316,023	$22,197	17,353
24.25.	Seminole	411,744	345,166	$23,294	17,994
25.26.	Tallahassee	174,781	143,237	$17,370	13,551
26.27.	Tampa	326,519	293,390	$21,163	16,855
27.28.	Temple Terrace	22,020	20,370	$2,726	2,115

 

(b) Except as provided in paragraph 62-4.052(10)(c), F.A.C., permittees and co-permittees to each permit will be invoiced individually for their respective share of the annual fee. The individual fee shall be pro-rated based on the percentage of each co-permittee’s population as compared to the total permit population listed above. Additional fees apply as follows:

1. Invoices under this subsection shall be a minimum of $100 to cover processing costs.

2. For co-permittees that do not have associated populations, such as Florida Department of Transportation Districts and Drainage Districts, other than existing state water management districts, the fee shall be $1,875 1,500.

(c) For convenience, co-permittees of any one permit may choose to receive only one invoice to cover the entire annual fee. In order to receive one invoice, co-permittees to any one permit shall:

1. Mutually agree to share the cost of the annual fee and be party to an executed interlocal agreement for cost sharing among all co-permittees.

2. Designate a specific co-permittee to act as representative for all co-permittees regarding the annual fee. The fee designee shall notify the Department in writing, not less than 120 days prior to the end of a calendar year, that only one invoice will be required for the annual fee for the forthcoming calendar year.

3. The above notification shall identify the co-permittee responsible for the fee transaction and shall specify the name and address of the contact person for invoicing. The identified co-permittee is responsible for paying the entire annual fee to the Department.

4. After the initial annual fee billing cycle, one invoice shall continue to be sent to the fee designee established by the above process until a change is requested in accordance with subparagraph 62-4.052(10)(c)5., F.A.C., below.

5. To effect a change regarding the fee designee, the Department must be notified in writing, not less than 120 days prior to the end of a calendar year, that the co-permittee responsible for the fee transaction has changed, or that fees should be invoiced individually in accordance with paragraph 62-4.052(10)(b), F.A.C. Notification of such changes shall be in accordance with the requirements of this subsection.

(d) Annual fees for Phase I MS4s and Phase II MS4s permitted individually and not under a generic permit, that have an initial permit issuance occurring after October 1, 2000, shall be based on the following formulas:

1. For MS4 permits with total populations less than 19,999: $800 650 plus $0.05 0.04 times the total permitted population.

2. For MS4 permits with total populations greater than 20,000 but less than 99,999: $1,625 1,300 plus $0.05 0.04 times the total permitted population.

3. For MS4 permits with total populations greater than 100,000: $13,000 10,400 plus $0.025 0.022 times the total permitted population.

(11) through (13) No change.

Specific Authority 403.061, 403.087(6) FS. Law Implemented 403.087(6), 403.0885 FS. History–New 4-30-95, Amended 10-22-00, 7-8-02,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven Kelly, Program Administrator, NPDES Stormwater Section
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 20, 2007