Facilities that meet the conditions set out by the NEX must submit a certification to be excluded from the requirement to obtain an MSGP. Facilities that perform regulated activities but do not meet the conditions set out in the NEX must obtain an NPDES MSGP or Individual Permit. To obtain the NEX, a regulated industrial operator must complete the following steps:
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.
An Acknowledgment letter will be issued by email upon receipt and processing of the completed certification and appropriate fee.
Renew certification for the NEX every five years on or before the expiration.
The applicant for the 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 If exposure occurs (or is anticipated to occur) at the facility, the exclusion is no longer valid and an MSGP or Individual Permit must be applied for immediately.
The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida’s natural resources and enhance its ecosystems.