Sec. 62-621.300 - Permits

ยง 62-621.300. Permits

(1) NPDES Generic Permit for Discharges From Petroleum Contaminated Sites.

(a) DEP Form 62-621.300(1)(a) "NPDES Generic Permit for Discharges From Petroleum Contaminated Sites," (9/30/2018), is hereby adopted and incorporated by reference. This form may be obtained by contacting the appropriate District Office, by contacting the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, by telephoning (850)245-8336, online at https://floridadep.gov/water/industrial-wastewater/content/industrial-wastewater-forms-list, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-09842.

(b) DEP Form 62-621.300(1)(b), "Notice of Intent to Use the NPDES Generic Permit for Discharges From Petroleum Contaminated Sites" (9/20/2018), is hereby adopted and incorporated by reference. This form may be obtained by contacting the appropriate District Office, by contacting the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, by telephoning (850)245-8336, online at https://floridadep.gov/water/industrial-wastewater/content/industrial-wastewater-forms-list, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-09843.

(c) Applicability and Coverage.

1. Coverage under the Generic Permit is limited to the discharge of treated groundwater and stormwater that has been contaminated with automotive gasoline, aviation gasoline, jet fuel or diesel fuel to surface waters of the State pursuant to the Department's federally-approved NPDES program, provided all criteria specified in the Generic Permit are met. Applicants seeking coverage under the Generic Permit shall submit a completed request for coverage as specified in DEP Form 62-621.300(1)(b) to the appropriate District Office. Discharges from pump tests to characterize the aquifer that last for eight hours or less are covered under this Generic Permit without the need to submit a request for coverage to the Department.

2. This Generic Permit does not relieve the permittee of the responsibility of obtaining any other federal, state, or local government permit.

(d) Requests for Coverage.

1. Coverage under this Generic Permit is available for discharges of treated groundwater and stormwater that has been contaminated with automotive gasoline, aviation gasoline, jet fuel or diesel fuel to surface waters of the State, provided all criteria specified in this Generic Permit are met. Applicants seeking coverage under this permit shall submit a complete request for coverage as specified in DEP Form 62-621.300(1)(b). The permittee shall meet the effluent limitations and requirements specified in this Generic Permit.

2. A request for coverage must be submitted to the appropriate District Office at least 30 days prior to the commencement of the surface water discharge. Coverage under this Generic Permit shall not be effective until the applicant receives written notification from the Department.

3. Coverage for discharges authorized under this Generic Permit is limited to a term not to exceed five years from the effective date of coverage.

4. Renewal of coverage under this Generic Permit shall be submitted to the Department by completing DEP Form 62-621.300(1)(b) at least 30 days before expiration of current coverage.

5. The annual fee for a facility that discharges more than 30 days shall be $2850.00 per year in accordance with rule 62-4.052, F.A.C. There is no annual fee for sites authorized to discharge for less than 30 days.

6. A permittee with current coverage under the Generic Permit for Discharges from Petroleum Contaminated Sites prior to Month, Day, Year, shall continue to meet the requirements of that permit.

(e) DEP Form 62-621.300(1)(e), "Notice of Termination NPDES Generic Permit for Discharges From Petroleum Contaminated Sites," (9/20/2018), is hereby adopted and incorporated by reference. This form may be obtained by contacting the appropriate District Office, by contacting the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, by telephoning (850)245-8336, online at https://floridadep.gov/water/industrial-wastewater/content/industrial-wastewater-forms-list or from http://www.flrules.org/Gateway/reference.asp?No=Ref-09844.

(f) To terminate coverage under this Generic Permit the permittee shall submit DEP Form 62-621.300(1)(e) to the appropriate District Office within 30 days after completion of the discharge activity or upon expiration of coverage, whichever occurs first. Discharges from pump tests to characterize the aquifer that last for eight hours or less covered under this permit are not required to submit a notice of termination to the Department.

(2) Generic Permit for Discharge of Ground Water from Dewatering Operations.

(a) The document "Generic Permit for Discharge of Ground Water from Dewatering Operations," document number 62-621.300(2)(a), issued by the Department and effective February 10, 2015, is hereby adopted and incorporated by reference. This document may be obtained by contacting either the local Department District Office, by writing to the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, from the Department's website or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04262.

(b) Form 62-621.300(2)(b), Notice of Intent to Use the Generic Permit for Discharge of Ground Water from Dewatering Operations, (NOI), effective February 10, 2015, is hereby adopted and incorporated by reference. This form may be obtained by either contacting the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department's website or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04263.

(c) Applicability and Coverage.

1. Coverage under this generic permit is available for discharge of ground water from dewatering operations to surface waters of the State, provided all criteria specified in this generic permit are met. Applicants seeking coverage under this permit shall submit a Notice of Intent to Use the Generic Permit for Discharge of Ground Water from Dewatering Operations, DEP Form 62-621.300(2)(b) as specified in that form. The permittee shall meet the effluent limitations and requirements specified in this generic permit.

2. This generic permit authorizes the discharge of ground water from dewatering operations through a point source to surface waters of the State under the State's Federally-approved NPDES program only and does not relieve the permittee of the responsibility of obtaining any other federal, state, or local government permit.

3. For the purposes of this section, 'dewatering operations' means temporarily lowering the water table by draining or pumping of ground water from activities such as excavations, building foundations, vaults, trenches and aquifer performance tests for exploratory purposes.

4. Beginning (February 10, 2015) dewatering operations as defined herein seeking coverage under the NPDES Generic Permit for Stormwater Discharges from Large and Small Construction Activities under subsection 62-621.300(4), F.A.C, are not required to obtain separate coverage under this permit.

5. Coverage under this generic permit shall not be effective until the applicant receives written notification from the Department.

(d) Discharges of ground water from dewatering operations are limited to a term not to exceed five years from the effective date of coverage.

(e) Requests for Coverage.

1. Requests for coverage under this generic permit shall be submitted at least 14 days prior to the planned commencement of discharge, to the industrial wastewater program at the local DEP office. Electronic submittal is preferred and may be available at the DEP Business Portal. The submission shall include the following: Completed Notice of Intent to Use Generic Permit for Discharge of Ground Water from Dewatering Operations, DEP Form 62-621.300(2)(b) and applicable fee as indicated in the form. Prior to the submittal of the NOI, the applicant shall develop best management practices consistent with part IV of this generic permit (DEP Document 62-621.300(2)(a)), which shall be implemented upon commencement of discharge.

2. The permittee may request renewal of coverage under this generic permit by submitting DEP Form 62-621.300(2)(b) and applicable fee as indicated in the form at least 14 days before expiration of current coverage.

3. Request for transfer of ownership under this generic permit shall be submitted to the industrial wastewater program at the local DEP office using DEP Form 62-620.910(11) and a $50.00 processing fee pursuant to Rule 62-4.050, F.A.C.

4. There is no annual fee for sites authorized to discharge under this generic permit pursuant to Rule 62-4.052, F.A.C.

5. Existing dewatering operations with current coverage under the Generic Permit for Discharge of Produced Ground Water From any Non-Contaminated Site Activity effective February 14, 2000, shall continue to meet the requirements of that permit unless the permittee elects to submit a complete DEP Form 62-621.300(2)(b), to convert to coverage under this generic permit.

(f) To terminate coverage under this generic permit the permittee shall submit DEP Form 62-621.300(2)(f). Notice of Termination Generic Permit for Discharge of Ground Water from Dewatering Operations effective February 10, 2015, which is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department's website, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04264.

(3) Generic Permit for Discharges from Concrete Batch Plants.

(a) The document "Generic Permit for Discharges from Concrete Batch Plants," document number 62-621.300(3)(a), issued by the Department and dated March 10, 1997, is hereby incorporated by reference and made part of this chapter. This document may be obtained by contacting either the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department's website.

(b) Form number 62-621.300(3)(b), Notice of Intent to Use Generic Permit for Discharges from Concrete Batch Plants, effective May 10, 2005, is hereby incorporated by reference and made part of this chapter. This form may be obtained by contacting either the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department's website.

(c) Document number 62-621.300(3)(a) referenced in paragraph (a), of this rule, contains specific design and operating requirements for discharges from wastewater and stormwater management systems at concrete batch plants.

(4) Generic Permit for Stormwater Discharge from Large and Small Construction Activities.

(a) The document "Generic Permit for Stormwater Discharge from Large and Small Construction Activities," document number 62-621.300(4)(a), issued by the Department and effective February 10, 2015, is hereby adopted and incorporated by reference. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department's website at http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04265. The manual entitled State of Florida Erosion and Sediment Control Designer and Reviewer Manual, FDOT, FDEP (2013) is hereby adopted and incorporated by reference. Copies of this manual are available from the Department of Environmental Protection, NPDES Stormwater Program, MS #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, online at http://stormwater.ucf.edu/publications/RevisedDesignerManual.pdf or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04227.

(b) Form number 62-621.300(4)(b), Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, effective February 10, 2015, is hereby adopted and incorporated by reference. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department's website at http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04266.

(5) Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity.

(a) The Department hereby adopts and incorporates by reference Federal Register, Volume 60, Number 189, pages 50804-51319, published on September 29, 1995; Federal Register, Volume 61, Number 28, pages 5248-5254, published on February 9, 1996; Federal Register, Volume 61, Number 34, page 6412, published on February 20, 1996; Federal Register, Volume 63, Number 152, pages 42534-42548, published on August 7, 1998; Federal Register, Volume 63, Number 189, pages 52430-52577, published on September 30, 1998; and, Federal Register, Volume 64, Number 11, pages 2898-2900, published on January 19, 1999, which shall hereinafter be referred to as the "Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity." When used in the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity, the following shall mean:

1. EPA shall mean the Department of Environmental Protection.

2. Regional Administrator, Director, or State Director, shall mean the Secretary of the Department of Environmental Protection or the Secretary's designee where appropriate.

(b) Form number 62-621.300(5)(b), Notice of Intent to Use Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity, effective October 22, 2000, is hereby incorporated by reference and made part of this chapter. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department's website.

(c) Facilities or activities seeking coverage under this generic permit shall apply to the Department on the form referenced in paragraph 62-621.300(5)(b), F.A.C., and in accordance with the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity, and shall include the appropriate processing fee as required by Rule 62-4.050, F.A.C.

(d) Form number 62-621.300(5)(b), Notice of Intent to Use Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity shall be submitted either by mail to: Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; or electronically using the Department's Interactive Notice of Intent (iNOI) at http://www.dep.state.fl.us/water/stormwater/npdes. All other certifications, reports, or any other information required to be submitted under the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity, excluding discharge monitoring reports, shall be submitted to Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(e) Discharge monitoring reports (DMRs) required to be submitted under the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity shall be sent to Department of Environmental Protection, NPDES Stormwater MSGP DMR, Mail Station #2511, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(f) The effective date of coverage under this generic permit shall be two (2) days after a complete Notice of Intent is submitted to the Department in accordance with paragraph 62-621.300(5)(c), F.A.C.

(g) Coverage under this generic permit is limited to a term not to exceed five years from the effective date of coverage. Permittees may request continued coverage under this generic permit in accordance with the requirements of paragraph 62-621.300(5)(c), F.A.C. Request for continued coverage shall be made at least two (2) days before expiration of the current coverage.

(6) Form number 62-621.300(6), National Pollutant Discharge Elimination System (NPDES) Stormwater Notice of Termination effective February 10, 2015, is hereby incorporated by reference and made a part of this chapter. Facilities or activities seeking to terminate coverage under the generic permits in subsections 62-621.300(4) and (5), F.A.C., as well as the conditional exclusion for "no exposure" of industrial activities and materials to stormwater provided in paragraph 62-620.100(2)(o), F.A.C., shall file a National Pollutant Discharge Elimination System (NPDES) Stormwater Notice of Termination with the Department. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department's website at http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04267.

(7) Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems.

(a) "Two-Step Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems" Form 62-621.300(7)(a), (http://www.flrules.org/Gateway/reference.asp?No=Ref-12373) effective January 2021, is hereby adopted and incorporated by reference. This form may also be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(b) "Notice of Intent to Use Two-Step Generic Permit for Discharge of Stormwater from Phase II MS4 Municipal Separate Storm Sewer Systems" Form 62-621.300(7)(b), (http://www.flrules.org/Gateway/reference.asp?No=Ref-12374) effective January 2021, is hereby adopted and incorporated by reference. This form may also be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(c) References. Title 40, Code of Federal Regulations (C.F.R.), Part 122, Subpart B - Permit Application and Special NPDES Program Requirements. The Department adopts and incorporates by reference the following subparts of 40 C.F.R. Part 122, Subpart B, codified as of July 1, 2017, which are applicable to permitting regulated Phase II municipal separate storm sewer systems (MS4) under the Department's National Pollutant Discharge Elimination System program:

1. 40 C.F.R. 122.28(d) (except for the reference to 40 C.F.R. 124.13 in 122.28(d)(2)(ii)), (http://www.flrules.org/Gateway/reference.asp?No=Ref-09086), which establishes the two general permit approaches for regulated Phase II municipal separate storm sewer systems.1

2. 40 C.F.R. 122.33, (http://www.flrules.org/Gateway/reference.asp?No=Ref-09087), which establishes requirements for obtaining permit coverage for regulated Phase II municipal separate storm sewer systems.

3. 40 C.F.R. 122.34, (http://www.flrules.org/Gateway/reference.asp?No=Ref-09088), containing permit requirements for regulated Phase II municipal separate storm sewer systems.

4. 40 C.F.R. 122.35, (http://www.flrules.org/Gateway/reference.asp?No=Ref-09089), which establishes requirements for when the operator of a regulated Phase II may share responsibility to implement the minimum control measures with other entities.

(d) "Annual Report Form for Phase II MS4 Generic Permit," Form 62-621.300(7)(d), effective January 2021, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12375) is hereby adopted and incorporated by reference. This form may also be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(8) Generic Permit for Pollutant Discharges to Surface Waters of the State from the Application of Pesticides.

(a) Coverage under this Generic Permit is available for discharges of pollutants resulting from the application of pesticides (biological pesticides and chemical pesticides which leave a residue) to surface waters of the state from the following use patterns:

1. Mosquito and Other Flying Insect Pest Control - to control public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water. Public health/nuisance and other flying insect pests in this use category include mosquitoes, midges and biting flies,

2. Aquatic Weed and Algae Control - to control invasive or other nuisance weeds and algae in or on water and at water's edge, including irrigation ditches and/or irrigation canals,

3. Aquatic Nuisance Animal Control - to control invasive or other nuisance animals in or on water and at water's edge. Aquatic nuisance animals in this use category include invasive vertebrates and invertebrates; and,

4. Forest Canopy or Other Area Wide Pest Control - aerial or ground application of a pesticide over or into a forest canopy or other vegetation to control the population of a pest species (e.g., insect or pathogen) where to target the pests effectively a portion of the pesticide unavoidably will be applied over and deposited to water.

(b) The table below describes the operators that are required to submit a Notice of Intent (NOI) to the Department for coverage under this permit for a specific use pattern.

Use Patterns

Operators Required to Submit NOIs

Mosquito and Other Flying Insect Pest Control

Mosquito Control Programs or Districts organized under the authority of Chapter 388, F.S., and Florida Department of Agriculture and Consumer Services

Aquatic Weed and Algae Control

Florida Fish and Wildlife Conservation Commission, South Florida Water Management District, Southwest Florida Water Management District, and St. Johns River Water Management District as created in section 373.069, F.S., U.S. Army Corp of Engineers, U.S. Forest Service, U.S. National Park Service, and U.S. Fish and Wildlife Service

Aquatic Nuisance Animal Control

Florida Fish and Wildlife Conservation Commission, South Florida Water Management District, Southwest Florida Water Management District, and St. Johns River Water Management District as created in section 373.069, F.S., U.S. Army Corp of Engineers, U.S. Forest Service, U.S. National Park Service, and U.S. Fish and Wildlife Service

Forest Canopy or Other Area Wide Pest Control

Florida Department of Agriculture and Consumer Services, U.S. Army Corp of Engineers, U.S. Department of Agriculture, U.S. Forest Service, U.S. National Park Service, and U.S. Fish and Wildlife Service

(c) This permit also authorizes operators other than those listed in the table above to discharge pollutants resulting from the application of pesticides to surface waters of the state without the need to submit an NOI pursuant to 40 C.F.R. 122.28(b)(2)(v), July 1, 2010, which is hereby adopted and incorporated by reference and made part of this rule. This document may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department's website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-00127.

(d) The permit application and surveillance fee for operators required to submit an NOI for coverage under the Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides is $500. The application fee must be submitted to the Department along with the NOI.

(e) The document "Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides," document number 62-621.300(8)(e), issued by the Department and effective April 14, 2011, whichever is later), is hereby adopted and incorporated by reference and made part of this rule. This document may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department's website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-00243.

(f) Form 62-621.300(8)(f), Notice of Intent (NOI) to Use the Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides, effective April 14, 2011, is hereby adopted and incorporated by reference and made part of this rule. This form may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department's website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-00134.

(g) Form 62-621.300(8)(g), Notice of Termination (NOT) of Coverage Under the Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides, effective April 14, 2011, is hereby adopted and incorporated by reference and made part of this rule. This form may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department's website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-00242.

1 Public notice, public comments and request for public hearing shall follow the applicable procedures of Rules 62-620.550(2) through (4) and 62-620.555, F.A.C.

(New 12-24-96, Amended 5-1-97, 2-14-00, 10-22-00, 5-1-03, 12-23-04, 4-20-05, 5-10-05, 2-17-09, 4-14-11, Amended by Florida Register Volume 41, Number 017, January 27, effective 2-10-15, Amended by Florida Register Volume 44, Number 020, January 30, 2018 effective 1-26-18, Amended by Florida Register Volume 44, Number 173, September 5, 2018 effective 9-20-18, Amended by Florida Register Volume 47, Number 021, February 2, 2021 effective 2-16-21.)

Rulemaking Authority 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. Law Implemented 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS.

The following state regulations pages link to this page.