Phase II MS4 Frequently Asked Questions - FAQs
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 discharges 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 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 water quality
requirements of the Clean Water Act. The requirements can be
met by implementing Best Management Practices (BMPs) to meet
the 6 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 towards
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 summary of
the stormwater activities the permittee plans to undertake
during the next reporting cycle; (4) 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, (5)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; MS4s with a
population between 10,000 and 50,000-$7,998; and MS4s with a
population of 50,000 or more-$11,700. Permit fees cover the
first term of coverage which lasts 5 years.
When is the deadline for application?
Notices of Intent for generic permit coverage for Phase
II MS4s that are located within a UA boundary, as defined by
the 1990 U. S. Decennial Census are due by June 1, 2003.
Notices of Intent for Phase II MS4s located within a UA
boundary as defined by the 2000 U.S. Census are due by June
1, 2004. Notices of Intent for Phase II MS4s that are
designated by the Department are due one year after notice
designation issued by the Department.
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3585
Tallahassee, FL 32399-2400
Phone: (850) 245-7522
Phone: (866) 336-6312 (toll-free)