Florida's NPDES Stormwater Program

Program for Regulated Phase II MS4s - Permit and Implementation Options

Regulated Phase II MS4s that are located within Urbanized Areas (UA) based on the 1990 Census were required to apply for permit coverage by June 1, 2003. Regulated Phase II MS4s that are located within UAs based on the 2000 Census were required to apply for coverage by June 1, 2004. Regulated Phase II MS4s that are located within Urbanized Areas (UA) based on the 2010 Census will be required to apply for permit coverage by June 1, 2014. Phase II MS4s that are not located within a UA, but are otherwise designated by DEP will have an application deadline of one year from the date of designation. (NOTE: These deadlines are contingent upon Chapter 62-624, F.A.C.)

Permit Options
Regulated Phase II MS4 operators will have a choice of the following three permit options:

Generic permit. The majority of Phase II MS4 operators will likely qualify for an NPDES general permit, known in Florida as a "generic" permit. A generic permit is a general permit issued by DEP under the authority of Section 403.0885, Florida Statutes (F.S.), which is the provision authorizing the State to implement the NPDES program.
The Generic Permit for Stormwater Discharge from Phase II MS4s (DEP Document 62-621.300 (7)(a)).
Modification of an existing Phase I large or medium MS4's individual permit. This option is available to regulated Phase II MS4s that are located within the same Urbanized Area as a consenting Phase I MS4. Under this option, the regulated Phase II MS4 operator may become a co-permittee under the Phase I permit. (See Chapter 62-624, F.A.C.).
Individual permit. This option requires a more comprehensive application process than required under a generic permit. Applicants for an individual MS4 permit are required to meet the Part 1 & 2 application requirements set forth in 40 CFR 122.26 pursuant to 62-624, F.A.C.

Phase II MS4 Generic Permit Requirements

Operators of regulated Phase II MS4s must develop a written stormwater management program (SWMP) that includes best management practices (BMPs), with measurable goals, to effectively implement the following six minimum control measures:

Public Education and Outreach: Perform educational outreach regarding the harmful impacts of polluted stormwater runoff.
Public Participation/Involvement: Comply with State and local public notice requirements and encourage other avenues for citizen involvement.
Illicit Discharge Detection and Elimination: Implement a plan to detect and eliminate any non-stormwater discharges to the MS4 and create a system map showing outfall locations.
Construction Site Runoff Control: Implement and enforce an erosion and sediment control program for construction activities.
Post-construction Runoff Control: Implement and enforce a program to address discharges of post-construction stormwater runoff from new development and redevelopment areas. (NOTE: This minimum control can be met by the State’s stormwater permitting program under Part IV, Chapter 373, F.S., as a qualifying alternative program provided that the Phase II MS4 notifies applicants for local development approvals of the need to obtain an Environmental Resource Permit[HR1] and, for sites that disturb more than one acre, coverage under Florida’s NPDES Stormwater Construction Generic Permit. In addition, the Phase II MS4 must verify as part of the development review process or construction site inspection that those permits have been obtained.
Pollution Prevention/Good Housekeeping: Implement a program to reduce pollutant runoff from municipal operations and properly and perform staff pollution prevention training.

Flexibility in SWMP Development/Implementation Under the Generic Permit

Sharing responsibility for stormwater management program development and implementation with a neighboring regulated MS4 operator is allowed.
Additionally, a regulated Phase II MS4 can rely on another entity to help implement one or more of the minimum control measures. However, the regulated MS4 operator, as the permittee, is accountable for BMP implementation.

Periodic Evaluation Reports Under the Generic Permit

Annual reports will be required using the measurable goals for each minimum control measure as benchmarks for evaluating program effectiveness.
During the first term of coverage, regulated Phase II MS4s must submit annual reports as specified in the Generic Permit for Stormwater Discharge from Phase II MS4s. Reports are due within six months of the anniversary of the date of permit coverage. In subsequent terms, the permittee must submit reports in years two and four, unless otherwise requested by DEP. A Guidance Annual Report Form and a Guidance Annual Report Sample are available for completion of Phase II MS4 annual reports.

Obtaining Permit Coverage Under the Generic Permit

Familiarize yourself Chapter 62-624, F.A.C. and The Generic Permit for Stormwater Discharge from Phase II Municipal Separate Storm Sewer Systems, (DEP Document 62-621.300 (7)(a)).
Complete a Phase II MS4 Generic Permit Notice of Intent (NOI) [Word / PDF] (DEP Form 62-621.300(7)(b)) and submit to the NPDES Stormwater Notices Center to obtain permit coverage.
Submit the appropriate fee with the Notice of Intent. Applicable fees are found within Rule 62.4.050, F.A.C.
Re-apply for coverage 180 days prior to expiration of permit coverage in accordance with the generic permit.

The following resources are available for completing the Phase II MS4 Notice of Intent:

Model NOI-For Guidance Purposes Only (MSWord / PDF)
Phase II MS4 Menu of BMPs and Measurable Goals
EPA's Urbanized Areas based on 2000 Census Data
EPA’s Urbanized Areas based on 2010 Census Data
Guidance for locating MS4s within 1990 Urbanized Area Boundaries

Additional Phase II MS4 Guidance
The following links provide guidance on the permit requirements for regulated Phase II MS4s:

For more information, send us an e-mail
NPDES Stormwater Program
2600 Blair Stone Road Mail Station 2500
Tallahassee, FL, 32399
Phone (850) 245-7522