Phase II MS4 FAQ

What is a Phase II MS4?

A Phase II MS4 is defined as a system of publicly owned conveyance(s) and includes roads, curbs, gutters, swales or ditches that discharge to surface waters of the state, and is designed or used solely for collecting or conveying stormwater, and is not a Phase I MS4.

What is a regulated Phase II MS4?

A Regulated Phase II MS4 is an MS4 that has been designated by DEP. A regulated Phase II MS4 may be designated based on criteria set forth in rule 62-624.800, F.A.C. such as population and urban area, discharge to impaired waters, or if DEP is petitioned. Regulated Phase II MS4s include systems that are operated by “traditional” municipalities (such as counties, cities or towns) as well as “non-traditional” communities such as military installations, universities, transportation districts and community development districts. In Florida, MS4s designated according to the U.S. Census Urban Area boundaries must serve a minimum resident population of at least 1,000.

How does my community obtain permit coverage?

If eligible, the regulated Phase II MS4 may be covered in one of the following ways:

1. Complete a Notice of Intent to use the generic permit (DEP Document 62-621.300(7)(b), F.A.C.),
2. Join as a co-permittee with an existing Phase I permit, if applicable according to rule 62-624.810(2), F.A.C.

What are the requirements of the permit?

The purpose of the permit is to develop, implement and enforce a Stormwater Management Program to reduce the discharge of pollutants to the Maximum Extent Practicable, protect water quality, and satisfy requirements of the Clean Water Act. The requirements can be met by implementing Best Management Practices (BMPs) to meet the six Minimum Control Measures prescribed by EPA. The Minimum Control Measures are listed in rule.

Note, Minimum Control Measure 5, Post-Construction Stormwater Management in New Development and Redevelopment, of Rule 62-621.300(7)(a), F.A.C., may be met by qualifying local programs such as water management districts. However, if the applicant chooses to implement BMPs for this measure, they may do so.

Additionally, annual reports must be submitted to the department that include:

1. Status of compliance with permit conditions, an assessment of the appropriateness of identified best management practices and progress toward achieving identified measurable goals for each of the required elements of the six minimum control measures;
2. Summaries or results of information collected and analyzed. If independent monitoring is performed, provide monitoring data collected during the reporting period;
3. A proposed change in any identified BMPs, measurable goals or schedules for implementation for any of the required elements of the six minimum control measures; and,
4. Notice that the permittee is relying on another governmental entity to satisfy any part of its permit obligations (if applicable).

What is a measurable goal?

A measurable goal is a reportable quantity or frequency that is provided as an outcome from implementation of a BMP. For example, for Minimum Control Measure 1, Public Education and Outreach, a BMP may be listed as educational “door hangers” to be distributed to residences of utility customers. The subsequent measurable goal would describe how many are distributed, (i.e. 8,000 door hangers). Phase II MS4 operators will be expected to report measurable goals for each BMP in the annual reports.

What are the fees for a Phase II MS4 Generic Permit?

The fees set in Rule 62-4.050(4)(d), F.A.C., are based on population and listed as follows:

• Regulated Phase II MS4s with a population of 10,000 or less - $5,625;
• Regulated Phase II MS4s with a population between 10,000 and 50,000 - $7,998; and
• Regulated Phase II MS4s with a population of 50,000 or more - $11,700.

Permit fees cover the one term of coverage which lasts 5 years.

When is the deadline for application?

• Notices of Intent for renewal coverage under the Phase II MS4 GP are due 180 days before permit expiration.
• Notices of Intent for newly regulated Phase II MS4s are due one year after Notice of Designation by the Department.

Until the Department publishes an electronic application system, signed NOIs must be submitted via mail or fax to:

NPDES Stormwater Program 
2600 Blair Stone Road, MS 3585
Tallahassee, FL 32399-2400

Fax: 850-245-7524