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Phase II MS4 FAQ

Frequently Asked Questions (FAQs)
General FAQ
Construction Activity (CGP) FAQ
Construction with Dewatering FAQ
Industrial Activity (MSGP) FAQ
Phase I MS4 FAQ
Phase II MS4 Generic Permit FAQ
Business Portal (ESSA) 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 (outfalls), 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 is located partially or wholly within an Urbanized Area boundary as defined by the latest decennial U.S. Census. Regulated Phase II MS4s include systems that are operated by “traditional” communities such as municipalities (such as counties, cities or towns) as well as “non-traditional” communities such as military installations, universities and Community Development Districts. In Florida, MS4s designated according to the U.S. Census Urbanized Area boundaries must serve a minimum resident population of at least 1,000.

Phase II MS4s outside of UAs may also become regulated by designation by the department according to designation criteria set forth in rule.

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)],
  2. Join as a co-permittee with an existing Phase I permit, if applicable, or apply for an individual permit by undergoing Part I and Part II of the application process for MS4s.

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 and on the appropriate forms. Please note that Minimum Control Measure 5, Post-Construction Stormwater Management in New Development and Redevelopment, of Rule 62-621.300(7)(a), F.A.C., is handled by qualified local programs and therefore is not required to be addressed by the applicant. However, if the applicant chooses to implement BMPs for this measure, they may do so.

Additionally, annual reports will be submitted to the department that will 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 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 and when, (i.e. 8,000 door hangers in permit year 2). 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 before permit expiration.
  • Notices of Intent for newly regulated Phase II MS4s are due one year after Notice of Designation by the Department.

NPDES Stormwater Program
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3585
Tallahassee, FL 32399-2400
Phone: 866-336-6312 (toll-free)
Email: NPDES-stormwater@dep.state.fl.us

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Last Modified:
January 19, 2023 - 1:38pm

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