(1) MS4 permits shall be effective for a fixed term not to exceed five years. If the permittee wishes to continue an activity regulated by an MS4 permit after the expiration date of the permit, the permittee must apply for and obtain a new permit. Permittees are encouraged to consult with the Department before the re-application process begins so that a mutually acceptable municipal stormwater program is developed prior to re-application.
    (2) An MS4 permittee may re-apply for permit coverage concurrently with a timely filing of the fourth year annual report. A fourth year annual report used as the principle component for re-application must clearly state that the report is being used for re-application purposes, and must clearly describe proposed revisions to the permittee’s activities required under the existing permit.
    (3) As an alternative, permittees may re-apply for a MS4 permit by submitting an application 180 days prior to the expiration of the permit. The application shall include a proposed stormwater management program and monitoring program in accordance with this section and Fl. Admin. Code R. 62-624.440
    (4) A re-application filed in accordance with subsections (2) and (3), of this rule, shall be considered timely and sufficient. When an application for renewal of a permit is timely and sufficient, the existing permit shall not expire until the Department has taken final action on the application for renewal or until the last day for seeking judicial review of the agency order or a later date fixed by order of the reviewing court.
    (5) Late re-application shall be considered timely and sufficient for the purpose of extending the effectiveness of the expiring permit only if it is submitted and made complete before the expiration date.
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History-New 10-22-00, Amended 5-1-03.