Florida Construction Stormwater Requirements
The Florida Construction Generic Permit is dated February 2015.
- Florida Construction Generic Permit (CGP) Notice of Intent (NOI) Permits can be filed online using the Interactive Notice of Intent (iNOI) system. A paper copy can also be submitted.
- A NOI is required for Large and Small Construction Activities in Florida.
- Large Construction Activities are projects that disturb five acres or greater of land OR disturb less than five acres of land that is part of a larger common plan of development or sale that will ultimately disturb five acres or greater.
- Small Construction Activities are projects that disturb one to five acres of land OR less than one acre of land that is part of a common plan of development that will ultimately disturb between one and five acres.
- General Permit Fees are:
- $400 for Large Construction Activities
- $250 for Small Construction Activities
- A SWPPP is required to be developed and implemented before you may apply for the NOI.
- A Construction Stormwater Pollution Prevention Plan (SWPPP) is required for all construction projects. The SWPPP must be signed by all contractors and subcontractors identified in the plan.
- A SWPPP template can be found online here.
- The SWPPP must include the following sections:
- Stormwater Team: A list of all of the members of the stormwater team (including the qualified inspector) with their responsibilities.
- Contractors/Subcontractors: A list of all all contractors and subcontractors and where they will be working on the site.
- Description of the Construction Activity, including a time-table and schedule for all major activities (clearing, grubbing, grading, filling, etc.)
- Site Map: A map of the site showing all of the stormwater controls and potential discharge locations.
- List of non-stormwater discharges.
- De-watering Controls (if applicable)
- List of all BMPs that will be used.
- List of any permanent stormwater controls that will be installed (detention or retention systems, swales, etc.)
- Inspection Details: Inspections must be performed at least once every seven calendar days and within 24 hours of a rain event producing 0.5″ or more of rain – even if it occurs on a holiday or weekend.
- List and schedule is maintenance activities.
- Certifications signed by all contractors and subcontractors.
Construction Start Requirements:
- Discharge is permitted once permit coverage is obtained. To obtain permit coverage you must:
- Obtain and review the CGP.
- Develop and implement a SWPPP.
- Complete and submit a CGP NOI.
- Renew coverage every 5 years or submit an NOT to terminate coverage.
- Inspections must be performed by a qualified inspector that:
- Has successfully completed the DEP Stormwater, Erosion, and Sedimentation Control Inspector Training Program (FSESCI)
- Has successfully completed an equivalent formal training program.
- Is qualified by other training or practical experience in the field of stormwater pollution prevention and erosion and sediment control.
- Site Inspections must be performed at least once every seven calendar days and within 24 hours of the end of a storm event that is 0.50″ or greater (even over a weekend or holiday) and must inspect:
- All stormwater discharges from the site, ensuring no contribution to violations of water quality standards
- All the BMPs identified int he SWPPP
- All storage areas exposed to rainfall and runoff
- All locations where vehicles are entering or exiting the site
- All disturbed areas and discharge points for erosion and sedimentation
- The inspection report must include:
- Inspection scope
- Name and qualifications of the inspector
- Inspection date
- Rainfall data
- SWPPP implementation observations
- Corrective actions taken
- Incidents of non-compliance (or certification of compliance)
- Inspector signature
- Responsible authority signature (corporate officer, owner, partner, or executive officer)
- Corrective actions must be completed in a timely manner, but in no case later than 7 calendar days following the inspection or identification of the issue.
- Suspension or reduction of inspections may occur:
- Once final stabilization has been acheived
- Reduced to once per month if construction activities have been suspended and disturbed areas have been temporarily stabilized
- Plans must be certified and signed by a Responsible Authority for all contractors and subcontractors that will be working on the site:
- In the case of a corporation, by a principal executive officer of at least the level of vice president, or a manager assigned or delegated in accordance with corporate procedures, with such delegation submitted in writing if required by the Department, who is responsible for manufacturing, production, or operating facilities and is authorized to make management decisions which govern the operation of the regulated facility;
- In the case of a partnership, by a general partner;
- In the case of a sole proprietorship, by the proprietor;
- In the case of a municipal, state, federal, or other public entity by either a principal executive officer, or ranking elected official;
- or by a duly authorized (in writing submitted to ADEM) representative of that person.
- The NOI Permit Application must be signed by a Responsible Authority for the site.
- Inspections and other documents must be signed by the qualified inspector AND a Responsible Authority.
- The SWPPP must be certified using the following certification statement:
- “I certify under penalty of law that I understand, and shall comply with, the terms and conditions of the State of Florida Generic Permit for Stormwater Discharge from Large and Small Construction Activities and this Stormwater Pollution Prevention Plan.”
- Inspections must be certified using the following certification statement:
- “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
Stabilization and Termination:
- The Notice of Termination (NOT) form must be submitted within 14 calendar days after the site has achieved final stabilization and all dewatering and construction activities have ceased.
- Stabilization is considered final when all soil disturbing activities on the site have ceased and there is a uniform perennial vegetative cover with a density of at least 70% on all unpaved areas and areas not covered by permanent structures OR an equivalent stabilization has been achieved using other measures (such as geotextiles).
- CGP coverage in Florida is not transferable. If the site transfers to a new owner or operator, they must complete a SWPPP and file a new NOI permit and you must submit a NOT within 14 days of relinquishing control of the project.
- The Notice of Termination (NOT) can be submitted online or by email
- The NOT must be signed by a Responsible Authority.
This is a quick summary of the Construction Stormwater requirements in Florida. To be sure you are meeting ALL the requirements and to lower your risk of audits, fines, stop-work orders, or jail time, you should thoroughly familiarize yourself with the Florida Construction Generic Permit.
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