Frequently Asked Questions

Frequently Asked Questions (FAQs)

General FAQs

Do I need permit coverage?

It is the responsibility of the operator to determine if permit coverage is required. Operators are required to obtain NPDES coverage if stormwater from the activity has the potential to enter a surface water of the state or a municipal separate storm sewer system (MS4).

Most sites have the potential to discharge stormwater. Even sites with stormwater treatment may discharge stormwater offsite. Many stormwater systems are designed to retain a specific quantity of stormwater based on rain events and local conditions, and to discharge any stormwater received over the design capacity. If the system discharges or overflows offsite, that is considered a discharge to an MS4 or water of the state.

Can I transfer permit coverage to a new operator when a facility/site changes hands?

NPDES stormwater permits are nontransferable. Coverage is given to the operator who conducts regulated activities. The responsible authority is liable for all activities indicated on the NOI.

If the operator of a site changes, due to ownership or contractor changes, etc., the new operator is responsible for submitting a Notice of Intent with processing fee to obtain permit coverage. The prior operator is responsible for submitting a Notice of Termination.

Applying for Coverage

How do I obtain permit coverage?

The operator must submit a Notice of Intent and processing fee for the NPDES Stormwater Generic Permit.

NOIs cannot be processed via email, as they do not meet federal CROMERR signatory requirements.

NOIs can be submitted through the Business Portal with PIN Guidance and CGP Guidance or MSGP Guidance. If NOIs cannot be submitted through the Business Portal, they must be mailed or faxed. Mail the NOI and processing fee to:

Florida Department of Environmental Protection
PO Box 3070
Tallahassee, FL 32315

Applications cannot be processed without payment. If an NOI is submitted without the processing fee, the department will send an invoice. Invoices can be paid online through the Business Portal. An application is considered incomplete if the fee has not been received or if the NOI is missing information. An incomplete NOI must be corrected to be considered complete. In this case, you will receive a Requests for Additional Information (RAI) via email.

How do I pay the processing fee?

If you are submitting a paper NOI, a check or money order should be made payable to the Florida Department of Environmental Protection. You may also submit a paper NOI and pay online through the DEP Business Portal once application has been processed and you receive a facility ID number. Visa or MasterCard are accepted.

** Note: other state of Florida agencies may pay through a Journal Transfer. **

When is my permit coverage effective?

Permit coverage for construction and industrial activities is effective two days after date DEP receives your complete NOI and processing fee.

Note: the acknowledgement may be sent after the effective date of coverage.

How do I renew coverage for my NPDES Stormwater GP?

Coverage under an NPDES Stormwater GP is effective for a period of five years. To renew coverage, the facility must ensure the Stormwater Pollution Prevention Plan (SWPPP) has been updated to reflect conditions currently occurring at the facility and submit a new Notice of Intent and processing fee.

Filling out the NOI

Who can submit the NOI?

The operator of the regulated activity is responsible for submitting an NOI and maintaining compliance with the permit. The NOI must be signed by the responsible authority.

The “operator” is the entity (business, company, etc.) that operates the activity/project and has sufficient authority to ensure compliance with the permit. Typically, the operator is the developer or construction general contractor. Generally, the architect/engineer or project manager should not be indicated as the operator unless they have operational control over the project and are willing to accept responsibility for compliance with the CGP.

The “responsible authority” is the person who has authority to sign the NOI for the operator (Rule 62-620.305, F.A.C.), specifies who may sign permit applications. The person who signs the NOI assumes responsibility for permit compliance. For instance, the operator may be “The John Smith Development Company” and the responsible authority may be “John Smith, President.” In this case, John Smith would sign the NOI for the John Smith Development Company.

A site owner can choose to hold the permit should the owner decide to assume responsibility for ensuring that the operator is adhering conditions of the permit and the Stormwater Pollution Prevention Plan (SWPPP) on site.

Note: A registered agent does not meet the definition of “Responsible Authority.”

In the Business Portal, a preparer can fill out the NOI, but the NOI must be signed by the Responsible Authority.

What is my Operator Status?

P = Private
M = Public (other than federal or state)
S = State
F = Federal

What do I enter for “MS4 Operator Name” and “Receiving Water Name”?

If stormwater discharges to an MS4, indicate the name of the municipality, county or other public body that operates the MS4. For instance, Orange County MS4, Tampa MS4, FDOT District-4 MS4, etc. Note: the Business Portal lists those MS4s that are permitted by DEP; however, your site may discharge to another MS4.

If stormwater does not discharge to an MS4, but rather discharges to surface waters of the state, indicate the route and name of the first named waterbody that receives the discharge. For instance, unnamed ditch to Catfish Creek, Redfish Bay, Gar Slough, unnamed canal to Sunfish Pond, etc.

Map with nearby water bodies.

Checking my NOI Status

I sent my NOI several weeks ago, but have not heard anything back. Will I receive a reply?

Our goal is to process NOIs received via mail within two weeks. The Responsible Authority will receive an automated email once we begin processing the NOI. Once reviewed, permitting staff will send you a request for additional information or acknowledgement of coverage.

Generally, if the check has been deposited and not returned, we have received your application.

Can I update my information on the NOI?

You can submit a "Notice of Change" by emailing NPDES-Stormwater@floridadep.gov a letter stating the permit number, requested changes, certification statement and signature by the Responsible Authority.

Stormwater Quick links