62-624.200. Definitions

(1) Co-permittee means a permittee to a NPDES permit that is only responsible for permit conditions relating to the municipal separate storm sewer that it operates.

(2) Illicit discharge means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except discharges pursuant to an NPDES permit and the following categories of non-stormwater discharges provided they do not cause a violation of water quality standards:

(a) Water line flushing,

(b) Landscape irrigation,

(c) Diverted stream flows,

(d) Rising ground waters,

(e) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)),

(f) Uncontaminated pumped ground water,

(g) Discharges from potable water sources,

(h) Foundation drains,

(i) Air conditioning condensate,

(j) Irrigation water,

(k) Springs,

(l) Water from crawl space pumps,

(m) Footing drains,

(n) Lawn watering runoff,

(o) Water from individual residential car washing,

(p) Flows from riparian habitats and wetlands,

(q) Dechlorinated swimming pool discharges,

(r) Residual street wash water, and

(s) Discharges or flows from fire fighting activities.

(3) Incorporated place means a city, town, township, or village that is incorporated under the laws of Florida.

(4) Large municipal separate storm sewer system means all municipal separate storm sewers that are either:

(a) Located in an incorporated place or county with a population of 250,000 or more as determined by the 1990 Decennial Census conducted by the federal Bureau of Census; or

(b) Owned or operated by a municipality other than those described in paragraph (4)(a) of this section and that are designated by the Department as part of the large municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraph (4)(a) of this section. In making this determination the Department shall consider the following factors:

1. Physical interconnections between the municipal separate storm sewers;

2. The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in paragraph (4)(a) of this section;

3. The quantity and nature of pollutants discharged to waters of the state; and

4. The nature of the receiving waters.

(5) Major municipal separate storm sewer outfall means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive stormwater from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more).

(6) Major outfall means a major municipal separate storm sewer outfall.

(7) Medium municipal separate storm sewer system means all municipal separate storm sewers that are either:

(a) Located in an incorporated place or county with a population of 100,000 or more but less than 250,000, as determined by the 1990 Decennial Census conducted by the federal Bureau of Census; or

(b) Owned or operated by a municipality other than those described in paragraph (7)(a) of this section and that are designated by the Department as part of the medium municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraph (7)(a) of this section. In making this determination the Department shall consider the following factors:

1. Physical interconnections between the municipal separate storm sewers;

2. The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in paragraph (7)(a) of this section;

3. The quantity and nature of pollutants discharged to waters of the state; and

4. The nature of the receiving waters.

(8) Municipal separate storm sewer or MS4 means a conveyance or system of conveyances like roads with stormwater systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels, or storm drains:

(a) Owned or operated by a State, city, town, county, special district, association, or other public body (created by or pursuant to State Law) having jurisdiction over management and discharge of stormwater and which discharges to surface waters of the state;

(b) Designed or used for collecting or conveying stormwater;

(c) Which is not a combined sewer; and

(d) Which is not part of a Publicly Owned Treatment Works (POTW). POTW means any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a “State” or “municipality.” This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

(9) Outfall means a point source at the location where a municipal separate storm sewer discharges to water of the state and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the state and are used to convey waters of the state. Point source is defined as any discernible, confined, and discrete conveyance, such as any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, or landfill leachate collection system from which pollutants are or may be discharged.

(10) Phase I MS4 means a municipal separate storm sewer system identified under Section 402(p)(2) of the Clean Water Act and subject to regulation under Section 402(p)(3)(B) of the Clean Water Act as implemented as part of the Department’s federally approved National Pollutant Discharge Elimination System (NPDES) stormwater program pursuant to Section 403.0885, F.S., and this chapter.

(11) Phase II MS4 means a municipal separate storm sewer system subject to regulation under Section 402(p)(6) of the Clean Water Act, as implemented as part of the Department’s federally approved National Pollutant Discharge Elimination System (NPDES) stormwater program pursuant to Section 403.0885, F.S., this chapter, and paragraph 62-621.300(7)(a), F.A.C., which incorporates by reference the Department’s Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems, and includes MS4 facilities owned or operated by the United States and MS4 facilities operated by the Florida Department of Transportation (FDOT) that are not covered by an existing Phase I MS4 permit.

(12) Stormwater means stormwater runoff, surface runoff and drainage.

(13) Regulated Phase II MS4 means all separate storm sewers that serve a minimum resident population of at least 1,000 individuals and are:

(a) Not defined as “large” or “medium” municipal separate storm sewer systems pursuant to subsections 62-624.200(4) and 62-624.200(7), F.A.C., of this chapter, or otherwise designated as a large or medium MS4; and

(b) Meet applicable criteria, or are otherwise designated by the Department, pursuant to Rule 62-624.800, F.A.C., and those Phase II MS4s in Florida identified by the U.S. Environmental Protection Agency (EPA) as located wholly or partially within an urbanized area and as published December 8, 1999 in the Federal Register, Volume 64, Number 235, at pages 68813 and 68814.

(c) The term does not include separate storm sewers in very discrete areas, such as individual buildings and does not include systems within tribal lands over which jurisdiction has been retained by the U. S. Environmental Protection Agency (EPA).

Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History–New 10-22-00, Amended 5-1-03.