(1) The Department shall use the provisions of 40 C.F.R. § 122.26, revised as of July 1, 2000, hereby incorporated by reference, for implementation of the program. Where there are conflicts with general or specific requirements of 40 C.F.R. § 122.26, the requirements and procedures set forth in this chapter shall supersede all other procedures and requirements for MS4 facilities.
    (2) The Department shall issue an MS4 permit only if the applicant affirmatively provides the Department with reasonable assurance that the stormwater management program will achieve a reduction of the discharge of pollutants from the MS4 to the Maximum Extent Practicable in accordance with 40 C.F.R. § 122.26.
    (3) The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of the permit.
Rulemaking Authority 403.061, 403.087, 403.815 FS. Law Implemented 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS. History-New 10-22-00, Amended 5-1-03.