Fla. Admin. Code Ann. R. 62-624.800 - Regulated Phase II MS4s

(1) A Phase II MS4 is regulated under this chapter if it is a Phase II MS4 as defined in Rule 62-624.200, F.A.C.; and,

(a) Located in an urbanized area as determined by the latest Decennial Census by the U. S. Bureau of the Census. (If the Phase II MS4 is not located entirely within an urbanized area, only the portion that is within the urbanized area is regulated), or

(b) It is designated by the Department, subsequent to the Department applying its designation criteria, as required by 40 C.F.R. 123.35(b), whether initiated by the Department or as a result of a petition filed by a party seeking designation of the MS4 as a regulated Phase II MS4.

(2) The Department shall designate a Phase II MS4 as a regulated Phase II MS4 under the following circumstances:

(a) Discharges from the MS4 are determined to be a significant contributor of pollutants to surface waters of the State. Discharges shall be deemed a significant contributor of pollutants to surface waters of the State when a total maximum daily load has been adopted by the Department for a water body or segment into which the Phase II MS4 discharges the pollutant(s) of concern.

(b) The Phase II MS4 lies outside of the urbanized area and serves a jurisdiction with a population density of at least 1, 000 people per square mile and a population of at least 10, 000; and,

1. The MS4 discharges into Class I or Class II waters, as defined in Rule 62-302, F.A.C., or waters designated as Outstanding Florida Waters, or

2. The Phase II MS4 contributes to the pollutant loadings of a physically interconnected MS4 regulated under the Department's NPDES stormwater program as set forth in 40 C.F.R. 123.35(b)(4).

(3) A Phase II MS4 may be the subject of a petition to the Department to require an NPDES permit for the discharge of stormwater, even if the designation population thresholds described in paragraph 62-624.800(2)(b), F.A.C., are not exceeded. In evaluating such a petition, the Department will use the criteria outlined in subparagraphs 62-624.800(2)(b) 1.-2., F.A.C. If the Department determines that a permit is needed, the entity responsible for the MS4 must comply with the application procedures of this chapter.

(4) A petition seeking the designation of a Phase II MS4 shall be filed as set forth in Rules 28-106.201 and 62-110.106, F.A.C., and applicable provisions of Chapter 120, F.S.

Notes

Fla. Admin. Code Ann. R. 62-624.800

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

New 5-1-03, Amended 1-28-04.

New 5-1-03, Amended 1-28-04.