Fort Myers operates under a Florida NPDES Phase II MS4 generic permit administered by the Florida Department of Environmental Protection (FDEP). The Stormwater Division (Public Works) is responsible for the six minimum control measures, illicit-discharge prohibition, and a citywide stormwater utility billed on the monthly utility statement. Construction sites disturbing one acre or more must file a Notice of Intent (NOI) with FDEP for the statewide Generic Construction Permit and maintain a Stormwater Pollution Prevention Plan (SWP3) on site. The receiving water is the Caloosahatchee River โ an Outstanding Florida Water and a Class III estuary impaired for nutrients.
Fort Myers's MS4 framework sits at the intersection of federal Clean Water Act ยง402(p) authority, FDEP's statewide NPDES delegation (Florida Statutes 403.0885), and the city's local enforcement mechanism. As a Phase II regulated small MS4, the city operates under FDEP's Generic Permit for Stormwater Discharge from Phase II MS4s (FLR04E000 series), which requires a Stormwater Management Program (SWMP) addressing the six minimum control measures: public education and outreach, public involvement, illicit discharge detection and elimination (IDDE), construction site runoff control, post-construction stormwater management, and pollution prevention/good housekeeping. The city's IDDE program prohibits the dumping of anything other than uncontaminated stormwater into city inlets, swales, and storm pipes โ paint, motor oil, soap suds from commercial washing, concrete washout, chlorinated pool water, fertilizer slurry, sediment, sanitary sewage, and chemical washwater are explicitly prohibited. Construction sites of one acre or more (including sites that are part of a larger common plan of development) must file an NOI with FDEP under the Generic Construction Permit before ground disturbance, maintain a written SWPPP on site, install perimeter BMPs (silt fence, vehicle tracking control pads, inlet protection, concrete washout containment), and provide for permanent post-construction treatment in accordance with the South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) criteria. Drainage plans submitted with site permits are reviewed by the City Engineer under the City of Fort Myers Standards Manual. The Stormwater Division can be reached at (239) 321-7595 (or 24-hour Public Works dispatch at (239) 321-8100); illicit discharges should be reported through the SeeClickFix portal or by phone immediately. The receiving water โ the Caloosahatchee River (Class III estuarine, designated as an Outstanding Florida Water through Caloosahatchee NEP boundaries) โ is on the FDEP impaired waters list for nutrients (Total Maximum Daily Load (TMDL) for nitrogen) and is part of the Lake Okeechobee/Caloosahatchee River Watershed Restoration Plan administered by SFWMD.
Illicit discharges and stormwater violations are enforceable as city code violations under the Fort Myers Code of Ordinances and as state violations under Florida Statutes Chapter 403. The city's Code Enforcement Division issues notices of violation; cases unresolved through compliance can be referred to the city's Special Magistrate, who can assess fines of up to $500 per day for repeat violations under FS 162.09, plus restoration costs and abatement liens against the property. State enforcement by FDEP under FS 403.121 reaches up to $10,000 per day per violation in administrative penalties, with criminal exposure under FS 403.161 for willful or knowing discharges. Construction sites of one acre or more operating without an active NOI under the Generic Construction Permit face FDEP enforcement plus Stop Work orders from the City Engineer; the city will not issue a Certificate of Occupancy until permanent stormwater facilities are constructed and accepted.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Fort Myers, FL
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