Florida Statewide Rule
Florida Construction Erosion and Stormwater Control Under Statute 403.0885
Key Facts
- Statute
- Fla. Stat. 403.0885
- Enforcing agency
- FDEP
- Permit threshold
- One acre disturbed
- Civil penalty
- Up to $10,000 per day
- Criminal exposure
- Third-degree felony (willful)
Summary
Florida runs its own federally approved NPDES stormwater permit program under Fla. Stat. 403.0885, requiring construction sites that disturb one or more acres to obtain FDEP coverage and install erosion and sediment controls before clearing land.
The Legislature finds and declares that it is in the public interest to promote effective and efficient regulation of the discharge of pollutants into waters of the state and eliminate duplication of permitting programs by the United States Environmental Protection Agency under s. 402 of the Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq., and the department under this chapter.
Full Breakdown
The Florida Department of Environmental Protection administers the state National Pollutant Discharge Elimination System program under Fla. Stat. 403.0885, which the Legislature created to replace EPA permitting of pollutant discharges into state waters. Construction activity disturbing one acre or more must obtain coverage under FDEP's Construction Generic Permit and implement a Stormwater Pollution Prevention Plan using erosion and sediment best management practices such as silt fences and stabilized site entrances. Discharging sediment-laden runoff without the required permit or controls is a prohibited act of pollution under Fla. Stat. 403.161.
Violations & Penalties
Under Fla. Stat. 403.161 and 403.141, unpermitted sediment discharges draw civil penalties up to $10,000 per day; willful pollution is a third-degree felony carrying fines up to $50,000 per day and five years imprisonment.
Frequently Asked Questions
Do I need a state permit for a construction site in Florida?
Who enforces erosion and stormwater rules in Florida?
Sources
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