MS4 Permitting Process

Application Review

1. DEP reviews the application for completeness and 
   • DEP will send requests for additional information (RAIs) if needed. 
   • (Phase II) DEP will schedule a virtual application meeting to discuss RAI, expectations, and that activities are achievable and consistent with permittees’ current processes.
2. DEP deems the application complete.
3. DEP determines to issue or deny a permit. 

DEP issues the Draft Permit package

Package:

1. Cover letter to all permittees with instructions on the draft permit process. 
2. Fact Sheet with details on permit application, justification for permit requirements, permitting schedule and comment instructions. 
3. Notice of Public Comment – the lead permittee is responsible for publishing in a newspaper of general circulation. 
4. Draft Permit.
5. (Phase I) annual report forms. 

Timeline: 

1. Within 30 days of draft issuance, EPA may provide comments or notice that they will take 90 days from issuance to provide comment.
2. Within 30 days of draft issuance, the lead permittee is responsible for publishing the “Notice of Public Comment” in a newspaper of general circulation.
3. Publication of the “Notice of Public Comment” starts the 30-day public comment period. 
4. Permittees may submit comments on the draft permit from the time of draft issuance to close of the public comment period.
5. At close of the public comment period, DEP reviews all comments received from the public, permittees and EPA.
   1. DEP meets with commenters to discuss comments, if necessary,
   2. DEP makes changes to the draft permit as needed.
   3. DEP provides response to comments in the next stage of permitting. 

DEP issues an Intent to Issue (ITI) the Proposed Permit package

Package contains:

1. Cover letter to permittee(s) with instructions on the proposed permit process. 
2. Amended Fact Sheet with changes to the fact sheet, changes to the permit, DEP response to comments received, updated permitting schedule and public petition instructions. 
3. Notice of Proposed Permit – the (lead) permittee is responsible for publishing in a newspaper of general circulation. 
4. Proposed Permit.
5. (Phase I) annual report forms. 

Timeline: 

1. Within 30 days of draft issuance, the (lead) permittee is responsible for publishing the “Notice of Proposed Permit” in a newspaper of general circulation.
2. Publication of the “Notice of Proposed Permit” starts the 14-day public petition period. 
3. At close of the public petition period:
   1. If a petition is received, DEP follows petition requirements, and the permitting process is paused. 
   2. If no petition is received, DEP prepares the Final Permit.

DEP issues the Final Permit package

Package contains:

1. Cover letter to all permittees.
2.  Final Permit.
3. Annual report forms.

Permit includes dates of Permit Issuance and Expiration, and annual report due dates. 

Publication Requirements 

For permits with co-permittees, only the lead permittee is required to publish. Co-permittees are NOT required to publish. 

Publication

The Department will provide the permittee with a copy of the notice to be published:

• Word document as part of the draft package.

The permittee must publish the notice of a draft permit and solicit public comments (62-620.550, F.A.C.):

• at their expense.
• In a daily or weekly newspaper of general circulation 
  • within the area affected by the facility or activity and 
  • meeting the requirements of Chapter 50, F.S. (summarized below)

Proof of publication

Proof of publication (POP) of the notice shall be submitted to the Department:

• within two weeks of the date the notice appeared in the newspaper.
• Proof of such publication shall be made by uniform affidavit. (50.041, F.S.)
  • Paper OR
  • electronic with electronic notary (s. 117.021, F.S.).

Newspaper requirements

Publication must be made in a newspaper consistent with (50.011 & 50.031, F.S.):

Newspaper of General Circulation: 

• Printed and published periodically at least once a week, 
• Containing at least 25 % of its words in the English language, 
• available to the public generally for the publication of official or other notices 
• Has an audience of at least 10 % of the households in the county / municipality, 
• Sold, or otherwise available to the public, at no less than 10 publicly accessible outlets. 
• been in existence for 2 years, or is successor (unless no such newspaper exists; then you shall publish in a newspaper that does not meet this standard.)

Where there is more than one newspaper of general circulation in the county, the newspaper used should be one with significant circulation in the area that may be affected by the permit.

OR

(2) A publication on a publicly accessible website under s. 50.0311.

If you are uncertain whether a newspaper meets these requirements, please contact Michelle Bull by email at Michelle.Bull@FloridaDEP.gov, or 850-245-7561.