Florida Regulations 62-624.810: Permit Application Procedures for Phase II MS4s
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(1) The entity responsible for the operation of a regulated Phase II MS4, under Fl. Admin. Code R. 62-624.800, must seek coverage:
(a) Under Fl. Admin. Code R. 62-621.300(7)(a), 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 Fl. Admin. Code R. 62-621.300(7)(b) 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 Fl. Admin. Code R. 62-624.400, and fee schedule as set forth in Fl. Admin. Code R. 62-4.052, 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 Fl. Admin. Code R. 62-624.400, which incorporates 40 C.F.R. § 122.26, rather than the requirements of this section, Fl. Admin. Code R. 62-624.810
(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 Fl. Admin. Code R. 62-624.800(1)(a), 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 Fl. Admin. Code R. 62-624.800(1)(a), 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 Fl. Admin. Code R. 62-624.810(1)(b), 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 rule, within one year of the event causing the MS4 to become a regulated MS4.
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History-New 5-1-03.
Terms Used In Florida Regulations 62-624.810
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Under an individual Phase II permit following the Phase I application procedures of Fl. Admin. Code R. 62-624.400, and fee schedule as set forth in Fl. Admin. Code R. 62-4.052, 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 Fl. Admin. Code R. 62-624.400, which incorporates 40 C.F.R. § 122.26, rather than the requirements of this section, Fl. Admin. Code R. 62-624.810
(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 Fl. Admin. Code R. 62-624.800(1)(a), 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 Fl. Admin. Code R. 62-624.800(1)(a), 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 Fl. Admin. Code R. 62-624.810(1)(b), 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 rule, within one year of the event causing the MS4 to become a regulated MS4.
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History-New 5-1-03.