Draft 7-17-09 

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CHAPTER 62-302 

SURFACE WATER QUALITY STANDARDS 

 62-302.200 Definitions. 

 (1) “Acute Toxicity” shall mean a concentration greater than one-third (1/3) of the 

amount lethal to 50% of the test organisms in 96 hours (96 hr LC50) for a species 

protective of the indigenous aquatic community for a substance not identified in 

paragraph 62-302.500(1)(c), F.A.C., or for mixtures of substances, including effluents. 

 (2) "Annual Average Flow" is the long-term harmonic mean flow of the 

receiving water, or an equivalent flow based on generally accepted scientific procedures 

in waters for which such a mean cannot be calculated. For waters for which flow records 

have been kept for at least the last three years, "long-term" shall mean the period of 

record. For all other waters, "long-term" shall mean three years (unless the Department 

finds the data from that period not representative of present flow conditions, based on 

evidence of land use or other changes affecting the flow) or the period of records 

sufficient to show a variation of flow of at least three orders of magnitude, whichever 

period is less. For nontidal portions of rivers and streams, the harmonic mean (Qhm) 

shall be calculated as 

 Qhm = n __ , 

 1 + 1 + 1 + 1 + + 1 

 Q1 Q2 Q3 Q4 Qn

in which each Q is an individual flow record and n is the total number of records. In 

lakes and reservoirs, the annual average flow shall be based on the hydraulic residence 

time, which shall be calculated according to generally accepted scientific procedures, 

using the harmonic mean flows for the inflow sources. In tidal estuaries and coastal 

systems or tidal portions of rivers and streams, the annual average flow shall be 

determined using methods described in EPA publication no. 600/6-85/002b pages 142 - 

227, incorporated by reference in paragraph 62-4.246(9)(k), F.A.C., or by other 

generally accepted scientific procedures, using the harmonic mean flow for any 

freshwater inflow. If there are insufficient data to determine the harmonic mean then the 

harmonic mean shall be estimated by methods as set forth in the EPA publication 

Technical Support Document for Water Quality-Based Toxics Control (March 1991), 

incorporated by reference in paragraph 62-4.246(9)(d), F.A.C., or other generally 

accepted scientific procedures. In situations with seasonably variable effluent discharge 

rates, hold-and-release treatment systems, and effluent-dominated sites, annual 

average flow shall mean modeling techniques that calculate long-term average daily 

concentrations from long-term individual daily flows and concentrations in accordance 

with generally accepted scientific procedures. 

 (3) "Background" shall mean the condition of waters in the absence of the 

activity or discharge under consideration, based on the best scientific information 

available to the Department. 

 (4) “Biological Health Assessment” shall mean an aquatic community-based 

biological evaluation consisting of one of the following procedures: Stream Condition 

Index, BioRecon, Lake Vegetation Index, or Shannon-Weaver Diversity Index.
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 (5) “Chlorophyll a” shall mean, for the purposes of this rule, pheophytincorrected chlorophyll a as measured according to the DEP document titled, 

“Applicability of Chlorophyll a Methods” (DEP/SAS/003/09), incorporated by reference

herein.

 (6) (4) “Chronic Toxicity” 

 (a) For a substance without an aquatic life-based criterion in section Rule 62-

302.530, F.A.C., and where chronic toxicity studies evaluating the toxicity of the 

substance are available, or for mixtures of substances, including effluents, chronic 

toxicity shall mean the concentration that equals or exceeds the IC25 on species 

protective of the indigenous aquatic community; or 

 (b) For a substance without an aquatic life-based criterion in section Rule 62-

302.530, F.A.C., and where chronic toxicity studies evaluating the toxicity of the 

substance on species protective of the indigenous aquatic community are not available, 

the chronic toxicity of a substance shall be established as a concentration greater than 

one-twentieth (1/20) of the amount lethal to 50% of the test organisms in 96 hours (96 

hr LC50) for a species protective of the indigenous aquatic community. 

 (7) (5) "Commission" shall mean the Environmental Regulation Commission. 

 (8) (6) “Compensation Point for Photosynthetic Activity” shall mean the depth at 

which one percent of the light intensity at the surface remains unabsorbed. The light 

intensities at the surface and subsurface shall be measured simultaneously by 

irradiance meters such as Kahlsico Underwater Irradiameter (Model No. 268 WA 310), 

or other device having a comparable spectral response. 

 (9) (7) "Department" shall mean the Department of Environmental Protection. 

 (10) (8) "Designated Use" shall mean the present and future most beneficial use 

of a body of water as designated by the Environmental Regulation Commission by 

means of the classification system contained in this Chapter. 

 (11) (9) “Dissolved Metal” shall mean the metal fraction that passes through a 

0.45 micron filter. 

 (12) (10) "Effluent Limitation" shall mean any restriction established by the 

Department on quantities, rates or concentrations of chemical, physical, biological or 

other constituents which are discharged from sources into waters of the State. 

 (13) (11) "Exceptional Ecological Significance" shall mean that a water body is a 

part of an ecosystem of unusual value. The exceptional significance may be in unusual 

species, productivity, diversity, ecological relationships, ambient water quality, scientific 

or educational interest, or in other aspects of the ecosystem's setting or processes. 

 (14) (12) "Exceptional Recreational Significance" shall mean unusual value as a 

resource for outdoor recreation activities. Outdoor recreation activities include, but are 

not limited to, fishing, boating, canoeing, water skiing, swimming, scuba diving, or 

nature observation. The exceptional significance may be in the intensity of present 

recreational usage, in an unusual quality of recreational experience, or in the potential 

for unusual future recreational use or experience. 

 (15) (13) "Existing Uses" shall mean any actual beneficial use of the water body 

on or after November 28, 1975. 

 (16) (14) “IC25”or “Inhibition Concentration 25%” shall mean the concentration of 

toxicant that causes a 25% reduction in a biological response such as biomass, growth, 
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fecundity, or reproduction in the test population when compared to the control 

population response. 

 (17) “Lake” shall mean, for the purposes of this rule, a freshwater waterbody 

that is not a stream or other watercourse and which has a minimum of two acres of 

contiguous open water that is free from emergent vegetation. Aquatic or floating 

vegetation may be present in these two acres of open water.

 (18) “Lake Vegetation Index (LVI)” shall mean a biological health assessment 

that measures lake health in predominantly fresh waters using aquatic plants identified 

to the lowest practical taxonomic level, performed and calculated using the 

methodologies, dated 03-31-08, in DEP-SOP-002/01 LT 7500, DEP-SOP-002/01 LQ 

7300 and DEP-SOP-001/01 FS 7220, which are incorporated by reference herein.

 (19) (15) "Man-induced conditions which cannot be controlled or abated" shall 

mean conditions that have been influenced by human activities, and 

 (a) would remain after removal of all point sources, 

 (b) would remain after imposition of best management practices for non-point 

sources, and 

 (c) cannot be restored or abated by physical alteration of the water body, or 

there is no reasonable relationship between the economic, social and environmental 

costs and the benefits of restoration or physical alteration. 

 (20) (16) "Natural Background" shall mean the condition of waters in the absence 

of man-induced alterations based on the best scientific information available to the 

Department. The establishment of natural background for an altered waterbody may be 

based upon a similar unaltered waterbody or on historical pre-alteration data. 

 (21) (17) "Nuisance Species" shall mean species of flora or fauna whose noxious 

characteristics or presence in sufficient number, biomass, or areal extent may 

reasonably be expected to prevent, or unreasonably interfere with, a designated use of 

those waters. 

 (22) (18) "Nursery Area of Indigenous Aquatic Life" shall mean any bed of the 

following aquatic plants, either in monoculture or mixed: Halodule wrightii, Halophila 

spp., Potamogeton spp. (pondweed), Ruppia maritima (widgeon-grass), Sagittaria spp. 

(arrowhead), Syringodium filiforme (manatee-grass), Thalassia testudinum (turtle 

grass), or Vallisneria spp. (eel-grass), or any area used by the early-life stages, larvae 

and post-larvae, of aquatic life during the period of rapid growth and development into 

the juvenile states. 

 (23) “Nutrient Region” shall mean a region of the state delineated in the 

document titled “Technical Support Document for the Establishment of Numeric Nutrient 

Criteria for Florida’s Streams and Lakes”, dated July __, 2009, which is adopted by 

reference herein, that sets forth the technical derivation of the regional numeric nutrient 

criteria identified in section 62-302.535, F.A.C.

 (24) (19) "Outstanding Florida Waters" shall mean waters designated by the 

Environmental Regulation Commission as worthy of special protection because of their 

natural attributes. 

 (25) (20) "Outstanding National Resource Waters" shall mean waters designated 

by the Environmental Regulation Commission that are of such exceptional recreational 

or ecological significance that water quality should be maintained and protected under 
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all circumstances, other than temporary lowering and the lowering allowed under 

Section 316 of the Federal Clean Water Act. 

 (26) (21) "Pollution" shall mean the presence in the outdoor atmosphere or 

waters of the state of any substances, contaminants, noise, or man-made or maninduced alteration of the chemical, physical, biological or radiological integrity of air or 

water in quantities or levels which are or may be potentially harmful or injurious to 

human health or welfare, animal or plant life, or property, including outdoor recreation. 

 (27) (22) “Predominantly Fresh Waters” shall mean surface waters in which the 

chloride concentration is less than 1,500 milligrams per liter. 

 (28) (23) “Predominantly Marine Waters” shall mean surface waters in which the 

chloride concentration is greater than or equal to 1,500 milligrams per liter. 

 (29) (24) "Propagation" shall mean reproduction sufficient to maintain the 

species' role in its respective ecological community. 

 (30) (25) "Secretary" shall mean the Secretary of the Department of 

Environmental Protection. 

 (31) (26) "Shannon-Weaver Diversity Index" shall mean: negative summation 

(from i=1 to s) of (ni/N) log2 (ni/N) where s is the number of species in a sample, N is 

the total number of individuals in a sample, and ni is the total number of individuals in 

species i. 

 (32) “South Florida Coastal Plain Ecoregion” shall mean that portion of the 

Florida Peninsula included within Ecoregion 76 as depicted in Griffith, G.E., Omernik, 

J.M, Rohm, C.W., and Pierson, S.M. 1994. Florida Regionalization Project. United 

States Environmental Protection Agency, National Health and Environmental Effects 

Laboratory, Corvallis, OR. EPA/600/Q-95/002, which is incorporated by reference 

herein. 

 (33) (27) "Special Waters" shall mean water bodies designated in accordance 

with Section 62-302.700, F.A.C., by the Environmental Regulation Commission for 

inclusion in the Special Waters Category of Outstanding Florida Waters, as contained in 

Section 62-302.700, F.A.C. A Special Water may include all or part of any water body. 

 (34) “Stream” shall mean a free-flowing, predominantly fresh surface water in a 

defined channel, and includes rivers, creeks, branches, canals, freshwater sloughs,

springs and spring runs, and other similar water bodies.

 (35) “Stream Condition Index (SCI)” shall mean a biological health assessment 

that measures stream health in predominantly fresh waters using benthic 

macroinvertebrates sampled via 20 sweeps of a D-frame dipnet and identification of the 

collected organisms to the lowest practical taxonomic level, performed and calculated 

using the methodologies, dated 03-31-08, in DEP-SOP-002/01 LT 7200, DEP-SOP002/01 LQ 7400 and DEP-SOP-001/01 FS 7420, which are incorporated by reference 

herein. For water quality standards purposes, the Stream Condition Index shall not 

apply in the South Florida Coastal Plain Ecoregion.

 (36) (28) "Surface Water" means water upon the surface of the earth, whether 

contained in bounds created naturally or artificially or diffused. Water from natural 

springs shall be classified as surface water when it exits from the spring onto the earth's 

surface. 

 (37) (29) “Total Recoverable Metal” shall mean the concentration of metal in an 

unfiltered sample following treatment with hot dilute mineral acid. 
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 (38) (30) "Water quality criteria" shall mean elements of State water quality 

standards, expressed as constituent concentrations, levels, or narrative statements, 

representing a quality of water that supports the present and future most beneficial 

uses. 

 (39) (31) "Water quality standards" shall mean standards composed of 

designated present and future most beneficial uses (classification of waters), the 

numerical and narrative criteria applied to the specific water uses or classification, the 

Florida antidegradation policy, and the moderating provisions, such as Site Specific 

Alternative Criteria, variances, mixing zones, or exemptions.contained in this Rule and 

in F.A.C. Rule 62-4, adopted pursuant to Chapter 403, F.S.

 (40) (32) "Waters" shall be as defined in Section 403.031(13), Florida Statutes. 

 (41) (33) "Zone of Mixing" or "Mixing Zone" shall mean a volume of surface water 

containing the point or area of discharge and within which an opportunity for the mixture 

of wastes with receiving surface waters has been afforded. 

Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. 

Law Implemented 403.021, 403.031, 403.061, 403.085, 403.086, 403.087, 403.088, 

403.502, 403.802 FS. History - New 05-29-90, Amended 2-13-92, Formerly 17-302.200, 

Amended 1-23-95, 5-15-02, 4-2-08, - -09. 

62-302.400 Classification of Surface Waters, Usage, Reclassification, 

Classified Waters. 

 (1) All surface waters of the State have been classified according to 

designated uses as follows: 

CLASS I Potable Water Supplies 

CLASS II Shellfish Propagation or Harvesting 

CLASS III Recreation, Propagation and Maintenance of a Healthy, WellBalanced Population of Fish and Wildlife 

CLASS IV Agricultural Water Supplies 

CLASS V Navigation, Utility and Industrial Use 

 (2) Classification of a water body according to a particular designated use or 

uses does not preclude use of the water for other purposes. 

 (3) The specific water quality criteria corresponding to each surface water 

classification are listed in Rules 62-302.500, and 62-302.530, 62-302.531, 62-302.532, 

62-302.533, and 62-302.534, F.A.C. 

 (4) Water quality classifications are arranged in order of the degree of 

protection required, with Class I water having generally the most stringent water quality 

criteria and Class V the least. However, Class I, II, and III surface waters share water 

quality criteria established to protect recreation and the propagation and maintenance of 

a healthy, well-balanced population of fish and wildlife. 

 (5) Criteria applicable to a classification are designed to maintain the 

minimum conditions necessary to assure the suitability of water for the designated use 

of the classification. In addition, applicable criteria are generally adequate to maintain 

minimum conditions required for the designated uses of less stringently regulated 

classifications. Therefore, unless clearly inconsistent with the criteria applicable, the 

designated uses of less stringently regulated classifications shall be deemed to be 

included within the designated uses of more stringently regulated classifications. 
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 (6) Any person regulated by the Department or having a substantial interest in 

this Chapter may seek reclassification of waters of the State by filing a petition with the 

Secretary in the form required by Section 120.57, F.S. 

 (7) A petition for reclassification shall reference and be accompanied by the 

information necessary to support the affirmative finding required in this Section to 

support the proposed reclassification. 

 (8) All reclassifications of waters of the State shall be adopted, after public 

notice and public hearing, only upon an affirmative finding by the Environmental 

Regulation Commission that: 

 (a) The proposed reclassification will establish the present and future most 

beneficial use of the waters; and 

 (b) Such a reclassification is clearly in the public interest. 

 (9) Reclassification of waters of the State which establishes more stringent 

criteria than presently established by this Chapter shall be adopted, only upon additional 

affirmative finding by the Environmental Regulation Commission that the proposed 

designated use is attainable, upon consideration of environmental, technological, social, 

economic, and institutional factors. 

 (10) The surface waters of the State of Florida are classified as Class III - 

Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of 

Fish and Wildlife, except for certain waters which are described in this Rule 62-

302.400(12). A water body may be designated as an Outstanding Florida Water or an 

Outstanding National Resource Water in addition to being classified as Class I, Class II, 

or Class III. A water body may also have special standards applied to it. Outstanding 

Florida Waters and Outstanding National Resource Waters are listed in Rule 62-

302.700, F.A.C. 

 (11) Unless otherwise specified, the following shall apply: 

 (a) The landward extent of a classification shall coincide with the landward 

extent of waters of the state, as defined in Rule 62-340.600, F.A.C. 

 (b) Water quality classifications shall be interpreted to include associated 

water bodies such as tidal creeks, coves, bays and bayous. 

 (12) Exceptions to Class III: 

 (a) All secondary and tertiary canals wholly within agricultural areas are 

classified as Class IV and are not individually listed as exceptions to Class III. 

"Secondary and tertiary canals" shall mean any wholly artificial canal or ditch which is 

behind a control structure and which is part of a water control system that is connected 

to the works (set forth in Section 373.086, F.S.) of a water management district created 

under Section 373.069, F.S., and that is permitted by such water management district 

pursuant to Section 373.103, Section 373.413, or Section 373.416, F.S. Agricultural 

areas shall generally include lands actively used solely for the production of food and 

fiber which are zoned for agricultural use where county zoning is in effect. Agricultural 

areas exclude lands which are platted and subdivided or in a transition phase to 

residential use; 

 (b) The following listed water bodies are classified as Class I, Class II, or 

Class V: 

1. through 67. No change.
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Specific Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804 FS. 

Law Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 

403.502, 403.504, 403.702, 403.708 FS. History - Formerly 28-5.06, 17-3.06, Amended 

and Renumbered 3-1-79, Amended 1-1-83, 2-1-83, Formerly 17-3.081, Amended 4-25-

93, Formerly 17-302.400, Amended 12-26-96, 8-24-00, 12-7-06, - -09. 

 

 62-302.531 Numeric Nutrient Criteria: General.

 (1) Numeric nutrient criteria for certain waterbody types are established in 

sections 62-302.532 through 62-302.534, F.A.C.

 (2) For numeric nutrient criteria established in sections 62-302.532 through

62-302.534, F.A.C., Class III waters are subdivided into different types based upon 

waterbody features. All Class III waterbody types are required to protect recreation and 

the propagation and maintenance of a healthy, well-balanced population of fish and 

wildlife characteristic of the type.

(3) Site Specific Nutrient Criteria: Site specific alternative criteria consist of 

those adopted pursuant to section 62-302.800, F.A.C., or a nitrogen or phosphorus total 

maximum daily load promulgated in Chapter 62-304, F.A.C., adopted as a State water 

quality standard and approved as a revised water quality standard pursuant to Section 

1313(c) U.S.C. Upon approval, such site specific alternative criteria shall be deemed 

the applicable criteria for those waterbodies in lieu of the criteria identified in sections 

62-302.532 – 62-302.534, F.A.C.

 (4) For waterbodies not covered by sections 62-302.532 through 62-302.534, 

F.A.C., the narrative nutrient criteria in paragraph 62-302.530(47), F.A.C., shall continue 

to apply.

 (5) To be assessed under this rule chapter, except for data used to establish 

historical chlorophyll a levels, chlorophyll a data collected after the effective date of this 

rule shall be determined using Department-approved methods. The selection of the 

Department-approved method shall be consistent with consideration of the 

characteristics of the assessed water body, according to the DEP document titled, 

“Applicability of Chlorophyll a Methods” (DEP/SAS/003/09), incorporated by reference

herein. The value for chlorophyll a that is calculated by the Department-approved 

method shall represent chlorophyll a in the sample as corrected for or free from the 

interference of pheophytin. 

 (6) In no case shall the loading of nitrogen or phosphorus from a Class I or III 

waterbody cause an exceedance of water quality standards in downstream 

waterbodies. Best available scientific information, such as mathematical models that 

account for factors such as system morphology, dilution, hydrologic residence time, and 

assimilative capacity, shall be used to ensure that upstream concentrations do not 

exceed the loads necessary to attain the established downstream water quality 

standards. 

Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law 

Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 

403.502, 403.702, 403.708 FS. History – New - -09.
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62-302.532 Numeric Nutrient Criteria: Streams.

The applicable criteria for Class I and III streams are expressed in the following 

table, unless there are site specific alternative criteria as described in section 62-

302.531, F.A.C.

Geographic Area Total Phosphorus

shall not exceed an 

annual geometric 

mean concentration 

of:

Total Nitrogen

shall not exceed 

an annual 

geometric mean 

concentration of:

Panhandle Nutrient 

Region

0.069 mg/L 0.82 mg/L 

North Central Nutrient 

Region

0.322 mg/L 1.73 mg/L

North East Nutrient 

Region

0.101 mg/L 1.73 mg/L

Peninsular Nutrient 

Region

0.116 mg/L 1.73 mg/L

Bone Valley Nutrient 

Region

0.415 mg/L 1.73 mg/L

South Florida Nutrient 

Region

To be determined To be determined

 

Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law 

Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 

403.502, 403.702, 403.708 FS. History – New - -09.

62-302.533 Numeric Nutrient Criteria: Nitrate-Nitrite in Clear Streams.

In months when the median color is less than 40 platinum cobalt units, the 

monthly median nitrate-nitrite concentration for Class I and III streams shall not exceed 

0.35 mg/L more than 10 percent of the time, unless a site specific alternative criterion

has been adopted. 

 

Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law 

Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 

403.502, 403.702, 403.708 FS. History – New - -09.

62-302.534 Numeric Nutrient Criteria: Lakes.

(1) The annual geometric mean concentrations shall not exceed the following 

values more than once in any three calendar year period:

Long Term Average 

Lake Color and 

Alkalinity 

Chlorophyll a Total Phosphorus Total Nitrogen 
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> 40 Platinum Cobalt 

Units 

20 μg/L 0.05 mg/L 1.23 mg/L 

< 40 Platinum Cobalt 

Units and > 50 mg/L 

CaCO3

20 μg/L 0.030 mg/L 1.00 mg/L 

< 40 Platinum Cobalt 

Units and < 50 mg/L 

CaCO3

9 μg/L 0.015 mg/L 0.85 mg/L 

 

 (2) If there are sufficient data to calculate the annual geometric mean 

chlorophyll a and the chlorophyll a criteria set forth in paragraph (2)(a) above are not 

exceeded, then the total phosphorus and total nitrogen criteria shall be the annual

geometric mean values of ambient measurements, subject to the following upper and 

lower limits:

Calculated criteria may 

not be lower than 

AND calculated criteria 

may not be greater than 

Long Term 

Average Lake 

Color and 

Alkalinity 

Total 

Phosphorus

Total 

Nitrogen 

Total 

Phosphorus

Total 

Nitrogen 

> 40 Platinum 

Cobalt Units 

0.05 mg/L 1.23 mg/L 0.157 mg/L 2.25 mg/L 

< 40 Platinum 

Cobalt Units 

and > 50 mg/L 

CaCO3

0.030 mg/L 1.00 mg/L 0.087 mg/L 1.81 mg/L 

< 40 Platinum 

Cobalt Units 

and < 50 mg/L 

CaCO3 

0.015 mg/L 0.85 mg/L 0.043 mg/L 1.14 mg/L 

Ambient geometric means shall be based on data from the year that the chlorophyll a

value is not exceeded, with at least four total measurements and with at least one 

measurement taken between May and September and one measurement taken 

between October and April. For lakes that discharge to streams, the calculated criteria 

shall not be greater than the criteria applicable to those streams.

 (c) For the purpose of this subsection, color shall be assessed as true color 

and shall be free from turbidity. Long-term average lake color shall mean a rolling 

average of up to 7 years based on all available lake color data. If alkalinity data are 

unavailable, specific conductance data shall be used, with a value of 250 micromhos/cm 

used to estimate the 50 mg/L CaCO3 alkalinity threshold until such time that alkalinity 

data are available. 

 
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Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law 

Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 

403.502, 403.702, 403.708 FS. History – New - -09.

 62-302.800 Site Specific Alternative Criteria. 

 (1) Type I Site Specific Alternative Criteria: A water body, or portion thereof, 

may not meet a particular ambient water quality criterion specified for its classification, 

due to natural background conditions or man-induced conditions which cannot be 

controlled or abated. In such circumstances, and upon petition by an affected person or 

upon the initiation by the Department, the Secretary may establish a site specific 

alternative water quality criterion when an affirmative demonstration is made that an 

alternative criterion is more appropriate for a specified portion of waters of the state. 

Public notice and an opportunity for public hearing shall be provided prior to issuing any 

order establishing alternative criteria. 

 (a) The affirmative demonstration required by this section shall mean a 

documented showing that the proposed alternative criteria would exist due to natural 

background conditions or man-induced conditions which cannot be controlled or abated. 

Such demonstration shall be based upon relevant factors which include: 

 1. A description of the physical nature of the specified water body and the 

water pollution sources affecting the criterion to be altered. 

 2. A description of the historical and existing water quality of the parameter 

of concern including, spatial, seasonal, and diurnal variations, and other parameters or 

conditions which may affect it. Conditions in similar water bodies may be used for 

comparison. 

 3. A description of the historical and existing biology, including variations, 

which may be affected by the parameter of concern. Conditions in similar water bodies 

may be used for comparison. 

 4. A discussion of any impacts of the proposed alternative criteria on the 

designated use of the waters and adjoining waters. 

 (b) The Secretary shall specify, by order, the site specific criteria for the 

parameters which the Secretary determines to have been demonstrated by the 

preponderance of competent substantial evidence to be more appropriate. 

 (2) Type II Site Specific Alternative Criteria: In accordance with the 

procedures set forth below, affected persons may petition the Department to adopt an 

alternative water quality criterion for a specific water body, or portion thereof, on the 

basis of site-specific reasons other than those set forth above in subsection 62-

302.800(1), F.A.C. The Department shall process any such petition as follows: 

 (a) No later than 60 days after receipt of a petition, the Department shall 

review the petition and notify the petitioner of whether the petition is sufficiently 

complete to enable the Department to evaluate the proposed site-specific alternative 

criterion under subparagraph (c) below. If the petition is not sufficiently complete, the 

Department shall request the submittal of additional information. The Department shall 

review any additional information within 60 days of receipt from the applicant and may 

then request only that information reasonably needed to clarify or answer new questions 
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directly related to the additional information, unless the Department shows good cause 

for not having requested the information previously. 

 (b) Petitions deemed complete by the Department shall be processed under 

subparagraph (c). For any petition not deemed complete, if the petitioner believes that 

additional information requested by the Department under subparagraph (a) is not 

necessary to the Department’s evaluation, the Department, at the petitioner’s request, 

shall proceed to process the petition under subparagraph (c) below. 

 (c) The Department shall initiate rulemaking for the Commission to consider 

approval of the proposed alternative criterion as a rule if the petitioner meets all the 

requirements of this subparagraph and its subparts. The petitioner must demonstrate 

that the proposed criterion would fully maintain and protect human health, existing uses, 

and the level of water quality necessary to protect human health and existing and 

designated beneficial uses. If the petition fails to meet any of these requirements 

(including the required demonstration), the Department shall issue an order denying the 

petition. In deciding whether to initiate rulemaking or deny the petition, the Department 

shall evaluate the petition and other relevant information according to the following 

criteria and procedures: 

 1. The petition shall include all the information required under subparagraphs 

(1)(a)1.-4. above. 

 2. In making the demonstration required by this paragraph (c), the petition 

shall include an assessment of aquatic toxicity, except on a showing that no such 

assessment is relevant to the particular criterion. The assessment of aquatic toxicity 

shall show that physical and chemical conditions at the site alter the toxicity or 

bioavailability of the compound in question and shall meet the requirements and follow 

the Indicator Species procedure set forth in Water Quality Standards Handbook

(December 1983), a publication of the United States Environmental Protection Agency, 

incorporated here by reference. If, however, the Indicator Species Procedure is not 

applicable to the proposed site-specific alternative criterion, the petitioner may propose 

another generally accepted scientific method or procedure to demonstrate with equal 

assurance that the alternative criterion will protect the aquatic life designated use of the 

water body. 

 3. The demonstration shall also include a risk assessment that determines 

the human exposure and health risk associated with the proposed alternative criterion, 

except on a showing that no such assessment is relevant to the particular criterion. The 

risk assessment shall include all factors and follow all procedures required by generally 

accepted scientific principles for such an assessment, such as analysis of existing water 

and sediment quality, potential transformation pathways, the chemical form of the 

compound in question, indigenous species, bioaccumulation and bioconcentration rates, 

and existing and potential rates of human consumption of fish, shellfish, and water. If 

the results of the assessments of health risks and aquatic toxicity differ, the more 

stringent result shall govern. 

 4. The demonstration shall include information indicating that one or more 

assumptions used in the risk assessment on which the existing criterion is based are 

inappropriate at the site in question and that the proposed assumptions are more 

appropriate or that physical or chemical characteristics of the site alter the toxicity or 

bioavailability of the compound. Such a variance of assumptions, however, shall not be 
 Draft 7-17-09 

12

a ground for a proposed alternative criterion unless the assumptions characterize a 

factor specific to the site, such as bioaccumulation rates, rather than a generic factor, 

such as the cancer potency and reference dose of the compound. Man-induced 

pollution that can be controlled or abated shall not be deemed a ground for a proposed 

alternative criterion. 

 5. The petition shall include all information required for the Department to 

complete its economic impact statement for the proposed criterion. 

 6. For any alternative criterion more stringent than the existing criterion, the 

petition shall include an analysis of the attainability of the alternative criterion. 

 7. No later than 180 days after receipt of a complete petition or after a 

petitioner requests processing of a petition not found to be complete, the Department 

shall notify the petitioner of its decision on the petition. The Department shall publish in 

the Florida Administrative Weekly either a notice of rulemaking for the proposed 

alternative criterion or a notice of the denial of the petition, as appropriate, within 30 

days after notifying the petitioner of the decision. A denial of the petition shall become 

final within 14 days unless timely challenged under Section 120.57, F.S. 

 (d) The provisions of this subsection do not apply to criteria contained in Rule 

62-302.500, F.A.C., or criteria that apply to: 

 1. Biological Integrity (subsection 62-302.530(10), F.A.C.). 

 2. B.O.D. (subsection 62-302.530(11), F.A.C.).

 3. Nutrients. 

 3. 4. Odor (subsections 62-302.500(1), 62-302.530(21), 62-302.530(48), and 

paragraphs 62-302.530 (49)(b) and 62-302.530(52)(a), F.A.C.). 

 4. 5. Oils and Greases (subsection 62-302.530(49), F.A.C.). 

 5. 6. Radioactive Substances (subsection 62-302.530(57), F.A.C.). 

 6. 7. Substances in concentrations that injure, are chronically toxic to, or 

produce adverse physiological or behavioral response in humans, animals, or plants 

(subsection 62-302.530(61), F.A.C.). 

 7. 8. Substances, other than nutrients, in concentrations that result in the 

dominance of nuisance species (subsection 62-302.200(20), F.A.C.). 

 8. 9. Total Dissolved Gases (subsection 62-302.530(66), F.A.C.). 

 9. 10. Any criterion or maximum concentration based on or set forth in paragraph 

62-4.244(3)(b), F.A.C. 

 (e) Despite any failure of the Department to meet a deadline set forth in this 

subsection (2), the grant of an alternative criterion shall not become effective unless 

approved as a rule by the Commission. 

 (f) Nothing in this rule shall alter the rights afforded to affected persons by 

Chapter 120, F.S. 

 (3) Type III Site Specific Alternative Criteria: Upon petition by an affected 

person or upon the initiation by the Department, the Department may establish site 

specific alternative criteria for nutrients when an affirmative demonstration is made that 

the proposed alternative criteria are fully protective of the designated use for a specified 

portion of waters of the state. Public notice and an opportunity for public hearing shall 

be provided prior to adopting any order establishing alternative criteria under this 

subsection. 
 Draft 7-17-09 

13

(a) A Type III Site Specific Alternative Criterion shall only be established 

under the following conditions:

 1. The petitioner demonstrates that the waterbody fully supports the 

designated use for aquatic life pursuant to subsection 62-302.800(4), F.A.C., at two 

spatially-independent stations representative of the waterbody. Biological health 

assessments shall be conducted in the final two years of the water quality sampling 

period described in paragraph 2 below and shall consist of a minimum of two 

assessments per station.

 2. The petitioner provides sufficient data to define existing water quality, 

including temporal variability, such as water quality data collected at the biological 

monitoring stations on a bi-monthly basis over a three year period.

 3. Water quality of downstream waters are attaining water quality standards 

pursuant to Chapter 62-303, F.A.C., related to nutrient conditions, or the nutrients 

delivered by this waterbody meet the allocations of a downstream TMDL.

 (b) The Type III Site Specific Alternative Criterion shall be established at a 

level representative of nutrient concentrations that have been demonstrated to be 

protective of the designated use, while taking into account natural variability by using 

statistical methods appropriate to the data set. 

 (c) The Type III Site Specific Alternative Criterion shall not be issued if the 

Department demonstrates nonattainment of the designated use in the petitioned waters

or downstream waters due to nutrient enrichment. This demonstration shall be based 

on scientifically-defensible evidence, including WQBELs developed pursuant to Chapter 

62-650, F.A.C., or TMDLs adopted in Chapter 62-304, F.A.C.

 (4) Biological health assessments are used as an indicator of designated use 

support of propagation and maintenance of a healthy, well-balanced population of fish 

and wildlife (Classes I, II, and III). Biological health assessments will be used by the 

Department as information to determine if a site specific alternative criterion is 

appropriate and that the designated use is fully protected. 

 (a) Full support of the designated use for propagation and maintenance of a 

healthy, well-balanced population of fish and wildlife is indicated when the average of 

the two most recent temporally independent Stream Condition Index (SCI) scores or 

Lake Vegetation Index (LVI) scores at the same location are 40 or above (SCI) or 46 or 

above (LVI).

 (b) It is the Department’s intent to maintain the biological health of aquatic 

communities where the historic maximum value, as defined in paragraph (d) below, of 

the SCI is above 64 or the LVI is above 78. The waterbody is not eligible for the site 

specific alternative criterion pursuant to paragraph (3) above if the average of the two 

most recent temporally independent Stream Condition Index or Lake Vegetation Index 

scores at the same location is 20 or more points below the historic maximum value.

 (c) To qualify as temporally independent samples, each biological health 

assessment shall be conducted at least three months apart. Biological health 

assessments collected at the same location less than three months apart shall be 

considered to be one sample, with the mean value used to represent the sampling 

period.

 (d) The “historic maximum value” shall be the highest mean of any three 

consecutive, temporally independent Stream Condition Index (SCI) scores or Lake 
 Draft 7-17-09 

14

Vegetation Index (LVI) scores at the same location that are collected prior to the two 

most recent samples being considered for evaluation with this provision.

 (5) (3) The Department shall modify permits of existing sources affected in a 

manner consistent with the Secretary’s Order. 

 (6) (4) Additional relief from criteria established by this Chapter may be provided 

through exemption pursuant to section Rule 62-4.243, F.A.C., or variances as provided 

for by section Rule 62-110.104, F.A.C. 

 (7) (5) Site specific alternative criteria apply to the water bodies, or portions of 

the water bodies, listed below. For dissolved oxygen site specific alternative criteria, 

normal daily and seasonal fluctuations above the levels listed in the table below shall be 

maintained. 

 (a) Types I, II, and III Site Specific Alternative Criteria:

Water Body and 

Class 

 

Site Specific Alternative Criteria 

 

County(s) 

1. (a) Marine 

portions of the 

lower St. Johns 

River and its 

tributaries) between 

Julington Creek and 

the mouth of the 

river. Class III. 

 Dissolved Oxygen not less than a minimum 

concentration of 4.0 mg/L, and a Total Fractional 

Exposure not greater than 1.0 over an annual 

evaluation period as defined by the following 

equation: 

where the number of days in an interval is based on 

the daily average Dissolved Oxygen concentration. 

Duval/Clay/

St. Johns 

2. (b) Discharge 

wetlands at the 

Orange County 

Eastern Water 

Reclamation 

Facility. Class III. 

 pH of not greater than 8.5 standard units. Orange 

(b) Numeric Nutrient Site Specific Alternative Criteria are also established as 

Total Maximum Daily Loads under Chapter 62-304, F.A.C. For waterbodies that do not 

have both Total Phosphorus (TP) and Total Nitrogen (TN) criteria listed in the table 

below, the criteria for the unlisted parameter shall be the highest annual geometric 

55 day Max

4.8 - 5.0 mg/L

Days between

47 day Max

4.6 - 4.8 mg/L

Days between

30 day Max

4.4 - 4.6 mg/L

Days between

21day Max

4.2 - 4.4 mg/L

Days between

16 day Max

4.0 - 4.2 mg/L

Days between

Exposure

Total Fractional

<

+

<

+

<

+

<

+

< ⎟ =

⎠

⎞ ⎜

⎝

⎛
 Draft 7-17-09 

15

mean for the unlisted parameter during the period that the Total Maximum Daily Load 

was calculated.

Basin Water Body Site Specific Alternative Criteria

1. Lower Suwannee 

River Basin

a. Suwannee River 

(downstream of the confluence 

with the Withlacoochee River) 

0.35 mg/L nitrate-Nitrogen as a 

monthly average

 b. Branford Springs 0.35 mg/L nitrate-Nitrogen as a 

monthly average

 c. Falmouth Springs 0.35 mg/L nitrate-Nitrogen as a 

monthly average 

 d. Royal Springs 0.35 mg/L nitrate-Nitrogen as a 

monthly average 

 e. Ruth Springs 0.35 mg/L nitrate-Nitrogen as a 

monthly average

 f. Troy Springs 0.35 mg/L nitrate-Nitrogen as a 

monthly average

 g. Fanning Springs 0.35 mg/L nitrate-Nitrogen as a 

monthly average

 h. Manatee Springs 0.35 mg/L nitrate-Nitrogen as a 

monthly average

 i. Lower Suwannee Estuary 0.35 mg/L nitrate-Nitrogen as a 

monthly average

 2. Santa Fe Basin a. Santa Fe River (below 

River Rise)

0.35 mg/L nitrate-Nitrogen as a 

monthly average

 b. Alligator Lake 42,595 pounds/year of TN

3,050 pounds/year of TP

3. Lower St. Johns 

River Basin

a. Lower St. Johns River 

(freshwater portions from

Buffalo Bluff to Black Creek)

500,325 kilograms/year of TP

8,571,563 kilograms/year of TN

b. Lower St. Johns River 

(marine portions from Black 

Creek to river mouth)

1,376,855 kilograms/year of TN

4. Ocklawaha Basin a. Lake Apopka (including 

Lake Apopka Outlet and 

Gourd Neck Spring)

15.9 metric tons/year of TP

b. Lake Beauclair 7,056 pounds/year of TP

c. Lake Dora and Dora Canal 13,230 pounds/year of TP

d. Lake Eustis and Haines 

Creek

20,286 pounds/year of TP

e. Lake Griffin 26,901 pounds/year of TP

f. Lake Harris, Little Lake 

Harris, and Helena Run

18,302 pounds/year of TP
 Draft 7-17-09 

16

g. Lake Wauberg 2,062 pounds/year of TN

374 pounds/year of TP

h. Lake Yale and Lake Yale 

Canal

2,844 pounds/year of TP

i. Newnans Lake 85,470 pounds/year of TN

10,924 pounds/year of TP

j. Orange Lake 15,262 pounds/year of TP

k. Palatlakaha River 16,696 pounds/year of TN

2,207 pounds/year of TP

l. Trout Lake 9,733 pounds/year of TN

521 pounds/year of TP

m. Lake Carlton 195 pounds/year of TP

n. Alachua Sink 256,322 pounds/year of TN as a longterm annual average

5. Middle St. Johns 

River Basin

a. Lake Jesup 247.3 tons/year of TN

19.0 tons/year of TP

b. Crane Strand Drain 13.5 tons/year of TN

c. Long Branch 0.74 tons/year of TP

5.20 tons/year of TN

6. Wekiva Springs 

Study Area

a. Wekiwa Spring 0.286 mg/L nitrate

0.065 mg/L TP

b. Wekiva River Upstream 

Segment

0.286 mg/L nitrate

0.065 mg/L TP

c. Wekiva River Downstream 

Segment

0.286 mg/L nitrate

0.065 mg/L TP

d. Rock Springs 0.286 mg/L nitrate

0.065 mg/L TP

e. Rock Springs Run 0.286 mg/L nitrate

0.065 mg/L TP

f. Little Wekiva Canal 42,624 pounds/year of TN

g. Spring Lake 8,551 pounds/year of TN

641 pounds/year of TP

h. Lake Florida 8,377 pounds/year of TN

571 pounds/year of TP

i. Lake Orienta 6,092 pounds/year of TN

451 pounds/year of TP

j. Lake Adelaide 3,003 pounds/year of TN

228 pounds/year of TP

k. Lake Lawne 21,692 pounds/year of TN

2,005 pounds/year of TP

l. Silver Lake 6,241 pounds/year of TN

370 pounds/year of TP

m. Bay Lake 1,428 pounds/year of TN

109 pounds/year of TP
 Draft 7-17-09 

17

7. Upper St. Johns 

River

a. St. Johns River above Lake 

Poinsett

89 tons/year of TP

b. Lake Hell n’ Blazes 44 tons/year of TP

c. St. Johns River above 

Sawgrass Lake

57 tons/year of TP

8. Indian River 

Lagoon 

a. Indian River above Max 

Brewer Causeway

177,220 pounds/year of TN

9,320 pounds/year of TP

b. Indian River above NASA 

Causeway

173,232 pounds/year of TN

14,793 pounds/year of TP

c. Indian River above 520 

Causeway

147,524 pounds/year of TN

11,845 pounds/year of TP

d. Indian River above 

Melbourne Causeway

189,068 pounds/year of TN

20,592 pounds/year of TP

e. Indian River above 

Sebastian Inlet and the 

northern South Indian River

684,715 pounds/year of TN

111,594 pounds/year of TP

f. Central and southern South 

Indian River

278,273 pounds/year of TN

53,599 pounds/year of TP

g. Banana River above Barge 

Canal

115,314 pounds/year of TN

7,825 pounds/year of TP

h. Banana River below 520 

Causeway and Banana River 

above 520 Causeway

144,780 pounds/year of TN

12,181 pounds/year of TP

i. Newfound Harbor 30,661 pounds/year of TN

3,247 pounds/year of TP

9. Alafia River a. Thirty Mile Creek 3.0 mg/L of TN as a monthly average

and 1.6 mg/L of TN as an annual 

average

10. Hillsborough 

River Basin

a. Lake Hunter 6,579 pounds/year of TN as an 

annual average

489 pounds/year of TP as an annual 

average

11. Peace River 

Basin

a. Lake Cannon 143 kilograms/year of TP

b. Lake Howard 143 kilograms/year of TP

c. Lake Idylwild 64 kilograms/year of TP

d. Lake Jessie 140 kilograms/year of TP

e. Lake Lulu 84 kilograms/year of TP

f. Lake May 88 kilograms/year of TP

g. Lake Mirror 55 kilograms/year of TP

h. Lake Shipp 97 kilograms/year of TP

12. Southeast Florida 

District

a. Lake Okeechobee 140 metric tons of TP, using a 5-year 

rolling average of the monthly loads 

calculated from measured flow and 

concentration values
 Draft 7-17-09 

18

13. St. Lucie Basin a. St. Lucie Estuary (Lower 

and Middle Estuary) WBID 

3193 

0.081 mg/L of TP

0.72 mg/L of TN

b. North Fork St. Lucie River 

(Freshwater) WBID 3194

0.081 mg/L of TP

0.72 mg/L of TN

140,134 pounds/year of TN

15,765 pounds/year of TP

c. North Fork St. Lucie River 

(Estuarine North Fork) WBID 

3194B

0.081 mg/L of TP

0.72 mg/L of TN

103,174 pounds/year of TN

11,672 pounds/year of TP

d. C-24 Canal WBID 3197 0.081 mg/L of TP

0.72 mg/L of TN

348,957 pounds/year of TN

39,258 pounds/year of TP

e. C-23 Canal WBID 3200 0.081 mg/L of TP

0.72 mg/L of TN

242,202 pounds/year of TN

27,248 pounds/year of TP

f. South Fork St. Lucie 

Estuary WBID 3210

0.081 mg/L of TP

0.72 mg/L of TN

24,463 pounds/year of TN

2,752 pounds/year of TP

g. South Fork St. Lucie River 

WBID 3210A

0.081 mg/L of TP

0.72 mg/L of TN

90,471 pounds/year of TN

10,178 pounds/year of TP

h. Bessey Creek WBID 3211 0.081 mg/L of TP

0.72 mg/L of TN

29,981 pounds/year of TN

3,373 pounds/year of TP

i. C-44 Canal WBID 3218 0.081 mg/L of TP

0.72 mg/L of TN

242,929 pounds/year of TN

27,330 pounds/year of TP

14. Pompano Canal a. Pompano Canal 11,590.98 pounds/year of TN

923.66 pounds/year of TP

15. Everglades West 

Coast Basin

a. Hendry Creek 0.6 mg/L of TN as an annual median

b. Imperial River 0.74 mg/L of TN as an annual median

c. Gordon River Extension 0.74 mg/L of TN as an annual median

Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. 

Law Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.201,

403.502 FS. History–Formerly 17-3.05(4), Amended 3-1-79, 10-2-80, 2-1-83, Formerly 
 Draft 7-17-09 

19

17-3.031, Amended 6-17-92, Formerly 17-302.800, Amended 5-15-02, 1-9-06, 6-28-06, 

12-7-06, 8-5-07, - -09.