Conditional No Exposure Exclusion

Industrial Activity - Conditional No Exposure Exclusion

A Conditional No Exposure Exclusion (NEX) from the NPDES Stormwater Permitting Program is available for industrial facilities whose processes and materials are not exposed to precipitation. This exclusion is applicable to ALL categories of stormwater discharges associated with industrial activity as defined in Rule 62-620.200(48), F.A.C., which incorporates by reference 40 CFR 122.26(b)(14).

Facilities that meet the conditions set out by the Conditional NEX must submit a certification to be excluded from the requirement to obtain an NPDES Multi-Sector Generic Permit (MSGP). Facilities that perform regulated activities but do not meet the conditions set out in the Conditional NEX must obtain an NPDES MSGP or Individual Permit. To obtain the Conditional NEX, a regulated industrial operator must complete the following steps:

1. Establish that no industrial materials or activities are exposed to precipitation or runoff by meeting the criteria for no exposure outlined in Rule 62-620.100(2)(o), F.A.C.
2. Submit a No Exposure Certification for Exclusion (NEX) and processing fee of $200 (Rule 62-4.050(4)(d)3., F.A.C):
   • Online using the DEP Business Portal; or 
   • Mail a paper form (DEP Form (62-620.910(17)) to the NPDES Stormwater Notice Center.
     Make checks payable to the Florida Department of Environmental Protection.
3. An Acknowledgment letter will be issued by email upon receipt and processing of the completed certification and appropriate fee.
4. Renew certification for the Conditional NEX every five years on or before the expiration.

The applicant for the Conditional NEX is affirming under penalty of law that a condition of no exposure exists at its facility. Filing a false certification could result in civil and criminal penalties.

If the condition of no exposure is maintained, the certification is valid for five years. If exposure occurs (or is anticipated to occur) at the facility, the exclusion is no longer valid and an NPDES MSGP or Individual Permit must be applied for immediately.

For more information, please see EPA’s Guidance Manual for Conditional Exclusion from Stormwater Permitting Based on "No Exposure" of Industrial Activities to Storm Water. 

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