Fla. Admin. Code Ann. R. 62-624.300 - General Provisions

(1) Any operator of a Phase I or regulated Phase II MS4 must be covered by a permit under this chapter. Operators of MS4s such as municipalities, Chapter 298, F.S., special districts, drainage districts, or Districts of the Florida Department of Transportation, that were named as permittees or co-permittees as a result of previous designation by the Regional Administrator of the United States Environmental Protection Agency must be covered by a permit under this chapter. Any operator of a Phase I MS4, or designated permittee or co-permittee, having been issued an MS4 permit by EPA, must file for re-application with the Department in accordance with the procedures under this chapter.

(2) Individual MS4 permits issued under this chapter are subject to the procedural requirements of Rules 62-620.302 (Confidentiality), 62-620.305 (Signatory Requirements), and 62-620.350 (Recordkeeping), F.A.C.

(3) For purposes of enforcement, compliance with an MS4 permit constitutes compliance with the applicable provisions of Chapter 403, F.S. For purposes of enforcement, compliance with a permit issued under this chapter pursuant to the authority of Section 403.0885, F.S., constitutes compliance with Sections 301, 302, 306, 307, 318, 402 and 403 of the Clean Water Act.

(4) A permit may be revoked, suspended, or terminated in accordance with Rule 62-620.345, F.A.C. A permit may be revised in accordance with Rule 62-620.325, F.A.C. A permit may be renewed in accordance with Rule 62-624.420, F.A.C., of this chapter.

(5) No Department issued MS4 permit shall be issued for a term of more than 5 years.

(6) An annual fee is required for individual MS4 permits as provided in Rule 62-4.052, F.A.C. An application fee must be filed by applicants utilizing the Department's generic permit (see paragraph 62-621.300(7)(a), F.A.C.) as provided in Rule 62-4.050, F.A.C.

(7) To the extent that this chapter imposes duties for the construction, operation, maintenance, or monitoring of a stormwater management system, for reporting system operations, or for securing permits from the Department, responsibility lies with the permittee and the owner of the stormwater management system. Nevertheless, Section 403.141, F.S., creates joint and several liability for those responsible for violations.

Notes

Fla. Admin. Code Ann. R. 62-624.300

Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS.

New 10-22-00, Amended 5-1-03.

New 10-22-00, Amended 5-1-03.