EPA Federal Regulations

The U.S. Environmental Protection Agency (EPA) developed the federal National Pollutant Discharge Elimination System (NPDES) stormwater permitting program in two phases.

Phase I, promulgated in 1990, addresses the following sources:

• "Large" and "medium" municipal separate storm sewer systems (MS4s) located in incorporated places and counties with populations of 100,000 or more, and
• Eleven categories of industrial activity, including large construction activity (disturbs five or more acres of land).

Phase II, promulgated in 1999, addresses additional sources, including:

• MS4s not regulated under Phase I, and
• Small construction activity disturbing between one and five acres.

In October 2000, EPA authorized the Florida Department of Environmental Protection (DEP) to implement the NPDES stormwater permitting program in the state of Florida (in all areas except Indian Country lands). DEP's authority to administer the NPDES program is set forth in Section 403.0885, Florida Statutes (F.S.). The NPDES stormwater program regulates point source discharges of stormwater into surface waters of the state of Florida from certain municipal, industrial and construction activities.

As the NPDES stormwater permitting authority, DEP is responsible for promulgating rules and issuing permits, managing and reviewing permit applications, and performing compliance and enforcement activities.