CHAPTER 62-302 SURFACE WATER QUALITY STANDARDS

62-302.200 Definitions 62-302.300 Findings, Inte nt, and Antidegradation Polic y for Surface Water Quality 62-302.400 Classification of Surface Waters, Usage, Reclassi fication, Classified Waters 62-302.500 Surface Waters: Mini mum Criteria, General Criteria 62-302.520 Thermal Surface Water Criteria 62-302.530 Table: Surf ace Water Quality Criteria 62-302.540 Water Quality Standards for Phosphorus Within the Everglades Protection Area 62-302.700 Special Protection, Outstanding Florida Waters, Outstanding National Resource Waters 62-302.800 Site Specific Alternative Criteria

62-302.200 Definitions. (1) “Acute Toxicity” shall mean a concentration greater than one-t hird (1/3) of the amount lethal to 50% of the test organisms in 96 hours (96 hr LC 50 ) for a species protective of the indi genous 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-ter m harmonic mean flow of the receiving wate r, or an equivalent flow based on generally accepted scientific procedures in wa ters for which such a mean cannot be ca lculated. For waters for which flow record s have been kept for at least the last thr ee years, “long-term” shall m ean 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 non tidal portions of rivers and streams, the harmonic mean (Q hm ) shall be calculated as

n Q hm = ____________________________ 1 + 1 + 1 + 1 + . . . + 1 Q 1 Q 2 Q 3 Q 4 Q n in which each Q is an individual flow reco rd and n is the total number of records. In lakes and re servoirs, the annual average flow shall be based on the hydraulic residence time, which shall be calcula ted according to generally accepted scientific procedures , using the harmonic mean flows for the inflow sour ces. 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 insu fficient 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 referen ce in paragraph 62-4.246(9) (d), F.A.C., or other generally accepted scientific procedures. In situations with seasonably variable effluent di scharge rates, hold-and-release tr eatment systems, and effluentdominated sites, annual average flow shall mean modeling technique s that calculate long-term aver age daily concentrations from long-term individual daily flows and concentrations in accordance with generally accep ted 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) “Chronic Toxicity”. (a) For a substance without an aquatic life-based criterion in 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 sh all mean the concentration that equals or exceeds the IC 25 on species protective of the indigenous aquatic community; or (b) For a substance without an aquatic life-based criterion in 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 chron ic toxicity of a substance shall be established as a concentration gr eater than one-twentieth (1/20) of the amount lethal to 50% o f the test organisms in 96 hours (96 hr LC 50 ) for a species protective of the indigenous aquatic community. (5) “Commission” shall mean the Environmental Regulation Commission.(6) “Compensation Point for Photosynthetic Activity” shall mean the depth at which one percent of the light intensity at the surface remains unabsorbe d. The light intensities at the su rface and subsurface shall be measur ed simultaneously by irradiance meters such as the Kahlsico Underwater Irradiameter, Model No. 268 WA 310 or other devices having a comparable spectral
response. (7) “Department” shall mean the Department of Environmental Protection. (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. (9) “Dissolved Metal” shall mean the metal frac tion that passes through a 0.45 micron filter. (10) “Effluent Limitation” shall mean any restriction establishe d 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. (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, s cientific or educational interest, or in other aspect s of the ecosystem’s setting or processes. (12) “Exceptional Recreational Significance ” shall mean unusual value as a resource for outdoor recreatio n activities. Outdoor recreation activities include, but are not limited to, fishing, boa ting, canoeing, water skiing, swimming, scuba diving, or nat ure observation. The exceptional significance may be in the intensity of present recreational usage, in an unusual quality of recre ational experience, or in the potential for unusual future recreational use or experience. (13) “Existing Uses” shall mean any actual beneficial use of the water bo dy on or after November 28, 1975. (14) “IC 25 ”or “Inhibition Concentration 25%” shall mean the concentration of toxicant that causes a 25% reduction in a biological response such as biomass, growth, fecundity, or repr oduction in the test population when compared to the control population response. (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 envi ronmental costs and the benefits of restoration or physical alteration. (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 bas ed upon a similar unaltered waterbody or on historical pre-alteration data. (17) “Nuisance Species” shall mean species of flora or fauna whose noxious character istics or presence in sufficient number, biomass, or areal extent may reasonably be expected to prevent, or un reasonably interfere with, a de signated use of those water s. (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 t he juvenile states. (19) “Outstanding Florida Waters” shall mean waters designated by the Environmental Regulation Commission as worthy of special protection because of their natural attributes. (20) “Outstanding National Resources 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 all circumstances, other than temporary lowering and the lowering allowed under Section 316 of the Federal Clean Water Act. (21) “Pollution” shall mean the presence in the outdoor atmosphe re or waters of the state of any substances , contaminants, noise, or man-made or man-induced 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. (22) “Predominantly Fresh Waters” shall m ean surface waters in which the chloride concentration at the surface is less than 1,500 milligrams per liter. (23) “Predominantly Marine Waters” shall m ean surface waters in which the chloride concentration at the surface is greater thanor equal to 1,500 milligrams per liter. (24) “Propagation” shall mean reproduction sufficient to main tain the species’ role in its respective ecological community. (25) “Secretary” shall mean the Secretary of the Department of Environmental Protection. (26) “Shannon-Weaver Diversity Index” shall mean: negative summation (from i = 1 to s) of (n i /N) log 2 (n i /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 s pecies i. (27) “Special Waters” shall mean water bodies designated in accordance with Rule 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 Rule 62- 302.700, F.A.C. A Special Water may include all or part of any water body. (28) “Surface Water” means water upon the surface of the earth, whether contained in bo unds created naturally or artificially o r diffused. Water from natural springs shall be classified as su rface water when it exits from the spring onto the earth’s surfac e. (29) “Total Recoverable Metal” shall mean the concentration of metal in an unfiltered sample following treatment with hot dilute mineral acid. (30) “Water quality criteria” shall mean elements of State wa ter quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports the present and future most beneficial uses. (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 Flor ida antidegradation policy, and the moderating provisions contained in this rule and in Chapter 62-4, F.A.C., adopted pursuant to Chapter 403, F.S. (32) “Waters” shall be as defined in Section 403.031(13), F.S. (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 oppo rtunity for the mixture of wastes with r eceiving surface waters has been afforded.
Rulemaking Authority 403.061, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemente d 403.021, 403.031, 403.061, 403.06 2, 403.085, 403.086, 403.087, 403.088, 403.502, 403.802 FS. History–New 5-29-90, Am ended 2-13-92, Formerly 17-302.200, Amended 1-23-95, 5-1 5-02, 4-2- 08.

62-302.300 Findings, Intent, and Antidegr adation Policy for Surface Water Quality. (1) Article II, Section 7 of the Florida Constitution requires ab atement of water pollution and conservation and protection of Florida’s natural resources and scenic beauty. (2) Congress, in Section 101(a)(2) of the Federal Water Pollution Co ntrol Act, as amended, declares that achievement by July 1, 1983, of water quality sufficient for the protection and propogati on of fish, shellfish, and wild life, as well as for recreatio n in and on the water, is an interim goal to be sought whenever attainable . Congress further states in S ection 101(a)(3), that it is the na tional policy that the discharge of toxic pollutants in toxic amounts be prohibited. (3) The present and future most beneficial uses of all waters of the State have been designated by the Department by means of the classification system set forth in this Chapter pursuant to Section 403.061(10), F.S. Water quality standards are establish ed by the Department to protect these designated uses. (4) Because activities outside the State so metimes cause pollutio n of Florida’s waters, the Department will make every reasonable effort to have such pollution abated. (5) Water quality standards apply equally to and shall be uni formly enforced in both the public and private sector. (6) Public interest shall not be construed to mean only those activities conducted solely to provide facilities or benefits to the general public. Private activities conducted for private purposes may also be in the public interest. (7) The Commission, recognizing the complex ity of water quality management and the necessity to temper regulatory actions with the technological progress and the social and economic well-being of people, urges, however, that there be no compromise where discharges of pollutants constitute a valid hazard to human health. (8) The Commission requests that the Secr etary seek and use the best environmen tal information available when making decisions on the effects of chronically an d acutely toxic substances and carcinogenic, mutagenic, and teratogenic substances. Additionally, the Secretary is requested to seek and encourage innovative research and developments in waste treatment alternat ives that might better preserve environmental quality or at the same time reduce the energy and dollar costs of operation. (9) The criteria set forth in this Chapter are minimum levels whic h are necessary to protect the designated uses of a water bod y. It is the intent of this Commission that permit applicants should not be penalized due to a low detection limit associated with anyspecific criteria. (10)(a) The Department’s rules that were adopted on March 1, 1979, regarding water quality standards are designed to protect the public health or welfare and to enhance the quality of waters of the State. They have been established taking into consider ation the use and value of waters of the State for public water supp lies, propogation of fish and w ildlife, recreational purposes, an d agricultural, industrial, and other purposes, and also taking into consideration their use and value for navigation. (b) Under the approach taken in the formulation of the rules adopted in this proceeding: 1. The Department’s rules that were adopted on March 1, 1979, regarding water quality standards are based upon the best scientific knowledge related to the protection of the various designated uses of waters of the State; and 2. The mixing zone, zone of discharge, site specific alternative criteria, exemption, and equitable allocation provisions are designed to provide an opportunity for the future consideration of factors relating to localized situations which could not ade quately be addressed in this proceeding, including economic and soci al consequences, attainability, irretrievable conditions, natural background, and detectability. (c) This is an even-handed and balanced approach to attainment of water quality objectives. The Commission has specifically recognized that the social, economic and environmental costs may, under certain special circumstances, outweigh the social, economic and environmental benefits if the numerical criteria are enforced statewide. It is for that reason that the Commission has provided for mixing zones, zones of discharge, site specific alternative criteria, exemptions and other provisions in Chapters 62-302, 62-4, 62-600, and 62-660, F.A.C. Furthermore, the continued availa bility of the moderating provisions is a vital factor providi ng a basis for the Commission’s determination that water quality standard s applicable to water classes in the rule are attainable ta king into consideration environmental, technolog ical, social, economic and institutional factors. The companion provisions of Chapte rs 62-4, 62-600, 62-660, F.A.C., approved simultaneously with these Water Quality Standards are incorporated herein by reference a s a substantive part of the State’s compre hensive program for the control, abatement and prevention of water pollution. (d) Without the moderating provisions described in subparagraph (b)2. above, the Commission would not have adopted the revisions described in (b)1. above nor determined that they ar e attainable as generally applicable water quality standards. (11) Section 403.021, F.S., declares that the public policy of th e State is to conserve the waters of the State to protect, mai ntain, and improve the quality thereof for public water supplies, for th e propagation of wildlife, fish and other aquatic life, and fo r domestic, agricultural, industrial, recreational, and other benefici al uses. It also pr ohibits the discharge of wastes into Flo rida waters without treatment necessary to protect those beneficial uses of the waters. (12) The Department shall assure that ther e shall be achieved the highest statutory an d regulatory requirements for all new and existing point sources, and all cost-effective and reasonable best management practices for nonpoint source control. For the pu rposes of this rule, highest statutory and regulatory requirements for new and existing point sources are those which can be achieved through imposition of effluent limits required under Sections 301(b) and 306 of the Federal Clean Water Act (as amended in 1987 ) and Chapter 403, F.S. For the purposes of this rule, cost-effective and reasonable best management practices for nonpoint sourc e control are those nonpoint source controls authorized under Chapters 373 and 403, F.S., and Department rules. (13) The Department finds that excessive nutrients (total nitrog en and total phosphorus) constitute one of the most severe wate r quality problems facing the State. It shall be the Department’s policy to limit the introduction of man-induced nutrients into waters of the State. Particular consideration shall be given to the protection from further nutrient enrichment of waters which are pr esently high in nutrient concentrations or sensitive to further nutrien t concentrations and sensitive to further nutrient loadings. Als o, particular consideration shall be given to the protection from nutrient enrichment of those waters presently containing very lo w nutrient concentrations: less than 0.3 milligrams per liter total n itrogen or less than 0.04 milligrams per liter total phospho rus. (14) Existing uses and the level of water quality necessary to pr otect the existing uses shall be fully maintained and protecte d. Such uses may be different or more extensive than the designated use. (15) Pollution which causes or contributes to new violations of water quality standards or to continuation of existing violatio ns is harmful to the waters of this State and shall not be allowed. Waters having water quality below the criteria established for them shall be protected and enhanced. However, the Department shall not strive to abate natural conditions. (16) If the Department fi nds that a new or existing disc harge will reduce the qu ality of the receiving waters below the classification established for them or violate any Department rule or standard, it shall refuse to permit the discharge. (17) If the Department finds that a proposed new discharge or expansion of an existing discharge will not reduce the quality of the receiving waters below the classification established for th em, it shall permit the discharge if such degradation is necess ary or desirable under federal standards and under circumstances which are clearly in the public interest, and if all other Departmentrequirements are met. Projects permitted under Part IV of Chapter 373, F.S., shall be considered in compliance with this subsec tion if those projects comply with the requir ements of subsection 373.414(1), F.S.; also projects permitted under the grandfather provisions of Sections 373.414(11) through (16), F.S., or permitted under Section 373.4145, F.S., shall be considered in compli ance with this subsection if those projects comply with the requirements of subsection 62-312.080(2), F.A.C. (18)(a) Except as provided in subparagraphs (b) and (c) of this paragraph, an applicant for either a general or generic permit or renewal of an existing permit for which no expansion of the discharge is proposed is not required to show that any degradation from the discharge is necessary or desirable und er federal standards and unde r circumstances which are clearly in the public interes t. (b) If the Department determines that the applicant has caused degradation of water quality over and above that allowed through previous permits issued to the applicant, then the applicant sh all demonstrate that this loweri ng of water quality is necessary or desirable under federal standards and under circumstances which are clearly in the public inte rest. These circumstances are lim ited to cases where it has been demonstrated that degradatio n of water quality is occurring due to the discharge. (c) If the new or expanded discharge was initially permitted by the Department on or after October 4, 1989, and the Department determines that an antidegradation analysis was not conducted, then the applicant seeking renewal of the existing permit shall demonstrate that degradation from the disc harge is necessary or desirable under federal standards and under circumstances which are clearly in the public interest.
Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.80 5 FS. Law Implemented 373.414, 403.02 1, 403.061, 403.085, 403.086, 403.087, 403.088, 403. 101, 403.141, 403.161, 403.182, 403.502, 403. 702, 403.708, 403.802 FS. History–Formerly 17-3.041, Amended 1-28-90, Formerly 17-3.042, 17-302.300, Am ended 12-19-94, 1-23-95, 12-26-96, 5-15-02, 12-7-06.

62-302.400 Classification of Surface Waters, Usage, Reclassification, Classified Waters. (1) All surface waters of the State have been cla ssified according to designated uses as follows:

CLASS I Potable Water Supplies CLASS II Shellfish Propag ation or Harvesting CLASS III Fish Consumption; Recreation, Prop agation and Maintenance of a Healthy, WellBalanced Population of Fish and Wildlife CLASS III-Limited Fish Consumption; Recreation or Limited Recreation; and/or Propagation and Maintenance of a Limited Population of Fish and Wildlife CLASS IV Agricultural Water Supplies CLASS V Navigation, Utility and Industrial Use (2) Classification of a waterbody according to a particular design ated use or uses does not precl ude use of the water for other
purposes. (3) The specific water quality criteria corre sponding to each surface water classificatio n are listed in Rules 62-302.500 and 6 2- 302.530, F.A.C. (4) Water quality classifications are arranged in order of the de gree of protection required, with Class I water having general ly the most stringent water quality criteria and Class V the least. However, Class I, II, and III su rface waters share water quali ty criteria established to protect fish consumption, recreation and the prop agation and maintenance of a healthy, well-balanced population of fish and wildlife. For manmade lakes, canals or ditches, or streams converted to canals before November 28, 1975, considered un der subsections (5) and (11) below, the Department shall evaluate the limited aquatic life support and habitat limitations of such waters, recognizing the physical and hydrologic characteristics and water management uses for which they were constructed. (5) Class III-Limited surface waters shar e the same water quality criteria as Class III except for any site specific alternativ e criteria that have been established for the waterbody under Rule 62-302.800, F.A.C. Class III-Limited waters are restricted to waters with human-induced physical or habitat co nditions that prevent attainment of Class III uses and do not include waterbodies that were created for mitigation purposes. “Limited recreation” means oppo rtunities for recreation in the water are reduced due to physic al conditions. “Limited population of fish and wildlife” means the aqua tic biological community does not fully resemble that of a natural system in the types, tolerance and diversity of sp ecies present. Class III-Limite d waters are restricted to: (a) Wholly artificial waterbodies that were constructed consistent with regulatory re quirements under Part I or Part IV of Chapter 373, Part I or Part III of Chapter 378, or Part V of Chapter 403, F.S.; or (b) Altered waterbodies that were dredged or filled prior to November 28, 1975. For purposes of this section, “altered waterbodies” are those portions of natural surface waters that were dredged or filled pr ior to November 28, 1975, to such an ex tentthat they exhibit separate and distinct hydrologic and environmental conditions from any waters to which they are connected. (6) 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 classifi cation. In addition, applicable criteria are generally adequate to maintain minimum conditions required for the designated uses of less stringently regulated classifications. Therefore, unless clearly inconsiste nt with the criteria applicable, the designated uses of less stringently re gulated classifications shall be deemed to be included withi n the designated uses of more string ently regulated classifications. (7) Any person regulated by the Department or having a substan tial interest in a surface waterbody may seek reclassification of waters of the State by filing a petition with the Department in accordance with Rule 28-103.006, F.A.C. (8) A petition for reclassifi cation shall reference and be accompanied by the information n ecessary to suppor t the affirmative findings required in this section, as described in the DEP docu ment titled, “Process for Reclassifying the Designated Uses of F lorida Surface Waters” (DEP-SAS-001 /10), dated June 2010, incorporated by reference herein. Compies of the Process document may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 26 00 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. (9) All reclassifications of waters of the State shall be adop ted, after public notice (including notification to affected loca l and regional governments and sovereign American Indian tribes) and public hearing, only upon affirmative findings by the Environmental Regulation Commission that: (a) The proposed reclassification will establish the pres ent and future most beneficial use of the waters; (b) Such a reclassification is clearly in th e public interest after considering public input, including consideration of input submitted by local and regional governing bodies and sovereign Am erican Indian tribes, who represent the public interest where the waters, and affected upstream an d downstream waters, are located; (c) The proposed reclassification will not allow for the nonatta inment of water quality standards in downstream waters; (d) The demonstrations required under subsections (10)-(12) below are met as applicable; and (e) The requirements contained in Rule 62-302.400, F.A.C., are satisfied. (10) Reclassification of waters of the Stat e which establishes more stringent criteria than presently established by this chapt er shall be adopted, only upon additional affirmative finding by the Environmental Regulation Commission that the proposed designated use is attainable, upon consideration of environm ental, technological, social, econo mic, and institutional factors. The assessment of attainability shall address upstream effects of reclassification. (11) If rulemaking is initiated to reclassify a water to a less stringent classification, the petitioner or the Department shal l include in the reclassification documentation appropriate and sc ientifically defensible water quality, biological, hydrological , and habitat studies and analyses, as well as environmental, techno logical, social, and economic st udies, including costs to small businesses and local governments, as necessar y to establish the present and future most beneficial use by demonstrating that: (a) No existing uses are being removed and the less stringent cr iteria associated with the designation will not result in the nonattainment of water quality standards in downstream waters; (b) The designated uses being removed cannot be attained by im plementing effluent limits required by sections 301(b) and 306 of the Federal Clean Water Act in conjunction with implementation of cost-effective and reasonable best management requirements for nonpoint source pollution control; and (c) One or more of the following situations occur: 1. Naturally occurring concentrations of subs tances prevent the attainment of the use; 2. Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; 3. Human caused conditions or sources of pollution prevent the a ttainment of the use and cannot be remedied or would cause more environmental damage to co rrect than to leave in place; 4. Dams, diversions, or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the waterbody to its original condition or to operate su ch modification in a way that would result in the attainment of the use; 5. Physical conditions related to the natural features of the wate rbody, such as the lack of a pr oper substrate, cover, flow, d epth, pool, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or 6. Controls more stringent than those required by sections 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread ec onomic and social impact.(12) The petition for a Class III-Limited classification shall incl ude appropriate Site Specific Alternative Criteria proposals that are protective of the most beneficial use as determined by the demonstration in subsec tion (9) above. Site Specific Alternative Criteria established to support the Class III-Limited designated us e are restricted to numeric cr iteria for any or all of the f ollowing parameters: nutrients (including nutrient response variables), bacteria, dissolved oxygen, alkalinity, specific conductance, transparency, turbidity, biological integrity , or pH. Site Specific Alternative Criteria for these parameters shall not be set at levels less stringent than water quality conditions at the time of reclassification and shall not be subject to the limitations in par agraph 62- 302.800(2)(d), F.A.C. Proposed site speci fic alternative criteria for other paramete rs must fully protect Class III uses. (13) Nothing contained in subsections (8) through (12) abov e shall be deemed to pre-empt or prohibit the regulatory implementation, adoption, continuation or enforcement of more st ringent criteria that are estab lished by a local government thr ough a local pollution control program. (14) The surface waters of the State of Florida are classified as Class III – Recreation, Pr opagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife, exce pt for certain waters which are described in subsection 62- 302.400(16), F.A.C. A waterbody may also be designated as an Outstanding Florida Water or an Outstanding National Resource Water. Outstanding Florida Waters and Outstanding National Reso urce Waters are not designated use classifications. A waterbody may also have special standards applied to it. However, notwithst anding any provision of this section, no classification action or change in designated use shall result in degradation of water quality in Outstanding Florida Waters or Outstanding National Resource Waters. Outstanding Florida Waters and Outstanding Na tional Resource Waters are listed in Rule 62-302.700, F.A.C. (15) Unless otherwise specified , the following shall apply: (a) The landward extent of a classification shall coincide with th e 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. (16) Exceptions to Class III: (a) All secondary and tertiary canals wholly within agricultural areas are classified as Class IV and are not individually list ed as exceptions to Class III. “Secondary and tertiary canals” shall m ean any wholly artific ial canal or ditch which is behind a cont rol structure and which is part of a water cont rol 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, 373.413, or 373.416, F.S. Agricultural areas shall generally include lands actively used solely for the produc tion of food and fiber which are zoned for agricultu ral use where county zoning is in effect . Agricultural areas exclude lands which ar e platted and subdivided or in a transition phase to residential use; (b) The following listed waterbodies are classified as Class I, Class II, Class III-Limited, or Class V: 1. Alachua County – none. 2. Baker County – none. 3. Bay County Class I Bayou George and Creek – Impoundment to source. Bear Creek – Impoundment to source. Big Cedar Creek – Impoundment to source. Deer Point Impoundment – Dam to source. Econfina Creek – Upstream of Deer Point Impoundment. Class II East Bay and Tributaries – East of U.S. Highway 98 to, but excluding Wetappo Creek. North Bay and Tributaries – North of U.S. Highway 98 to Deer Point Dam excluding Alligator Bayou and Fanning Bayous north of an east-west line through Channel Marker 3. West Bay and Tributaries – West of North Bay (line from West Bay Point on the north to Shell Point on the South) except West Ba y Creek (northwest of Channel Marker 27C off Goose Point), Crooked Creek (north of a line from Crooked Creek Point to Doyle Point), and Burnt Mill Creek (north of a line from Gr aze Point to Cedar Point). 4. Bradford County – none. 5. Brevard County.Class I St. Johns River and Tributaries – Lake Wash ington Dam south through an d including Sawgrass Lake, Lake Hellen Blazes, to Indian River County Line. Class II Goat Creek. Indian River – South from a line due east of Barnes Blvd. (SR 502) to South Section Line of Section 29, T26S, R37E, Palm Shores

. Indian River – From a line from Cape Malabar northeastward through Intracoastal Waterway marker 16, to shore, then southward to S. Brevard County Line. Indian River – N. Brevard County Line south to Florida East Coast Railroad Crossing (vicinity of Jay Jay). Kid Creek. Mosquito Lagoon – North Brevard County Line south to Beach Road. Trout Creek. Indian River – The east side of the Intracoastal Waterway from SR 405 northward, to a line from the southern point of land at t he mouth of Brock Creek to Intracoastal Waterway Channel Marker 33. Indian River – From SR 405 south to SR 528. 6. Broward County – none. 7. Calhoun County Class I Bear Creek. Econfina Creek. 8. Charlotte County Class I Alligator Creek – North and South Prongs from headwaters to the water control structure downstream of SR 765-A. Port Charlotte Canal System – Surface waters lying upstream of, or direc tly connected to, Fordham Wate rway upstream of Conway Boulevard. Prairie Creek – DeSoto County Line and headwaters to Shell Creek. Shell Creek – Headwaters to Hendrickson Dam (east of Myrtle Slough, in Section 20, T40S, R24E). Class II Lemon Bay, Placida Harbor, and Tributaries – N. Charlotte County Line south to Gasparilla Sound and bounded on the east by SR 775. Charlotte Harbor, Myakka River, and Gasparilla South – Waters except Peace Ri ver upstream from the no rtheastern point of Myakka Cutoff to the boat ramp in Ponce de Leon Park in south Punta Gorda, Catfish Creek north of N. Lat. 26o50'56'', and Whidden Creek north of N. Lat. 26o 51'15''. 9. Citrus County Class II Coastal Waters – From the southern side of the Cross Florida Barge Canal southward to the Hernando County line, with t he exception of Crystal River (from the southern shore at the mouth of Cedar Creek to Shell Point to the westernmost tip of Fort Island), Salt River (portion generally east and southward along the eastern edge of the islands bordering the Salt River and Di xie Bay to St. Martins River), and St. Martins River from its mouth to Greenleaf Bay. 10. Clay County – none. 11. Collier County. Class II Cocohatchee River. Connecting Waterways – From Wiggins Pass south to Outer Doctors Bay. Dollar Bay. Inner and Outer Clam Bay. Inner and Outer Doctors Bay. Little Hickory Bay. Tidal Bays and Passes – Naples Bay and south and easterly thr ough Rookery Bay and the Ten Thousand Islands to the Monroe County Line. Wiggins Pass.12. Columbia County – none. 13. Dade County – none. 14. DeSoto County. Class I Horse Creek – From the northern border of Sec tion 14, T38S, R23E, sout hward to Peace River. Prairie Creek – Headwaters to Charlotte County Line. 15. Dixie County Class II Coastal Waters – From an east-west line through Stuart Point so uthward to the County line, excluding the mouth of the Suwannee River and its passes. 16. Duval County. Class II Ft. George River and Simpson Creeks – Ft. George Inlet north to Nassau Sound. Intracoastal Waterway and Tributaries – Confluence of Nassau and Amelia Rivers south to Flashing Marker 73 thence eastward along Ft. George River to Ft. George Inlet and includes Garden Creek. Nassau River and Creek – From the mouth of Nassau Sound, (a line connecting the northeasternmost point of Little Talbot Island to the southeasternmost tip of Amelia Island wester ly to a north-south line through Seymore Point. Pumpkinhill Creek. 17. Escambia County Class II Escambia Bay – Louisville and Nashville Railroad Trestle south to Pensacola Bay (Line from Emanuel Point east northeasterly to Garcon Point). Pensacola Bay – East of a line connecting Emanuel Point on the north to the south end of the Pensacola Bay Bridge (U.S. Highway 98). Santa Rosa Sound – East of a line connecti ng Gulf Breeze approach to Pensacola Beach (Bascule Bridge), and Sharp Point with exception of the Navarre Beach area from a north-south line through Channel Marker 106 to Navarre Bridge. 18. Flagler County Class II Matanzas River (Intracoastal Waterway) – N. Flagler County Line south to an east-west line through Fl. Marker 109. Pellicer Creek. 19. Franklin. Class II Alligator Harbor – East from a line from Peninsula Point north to St. James Island to mean high water. Apalachicola Bay – with exceptio n of an area encompassed within a 2-mile radi us from Apalachicola entrance of John Gorrie Memorial Bridge. East Bay and Tributaries – with the excepti on of area encompassed within 2-mile radius from Apalachicola entrance of John Gorri e Memorial Bridge. Gulf of Mexico – North of a line from Peninsula Point on Alligator Point to the southeastern tip of Dog Island and bounded on t he east by Alligator Harbor and west by St. George Sound. Ochlockonee Bay – From the confluence of S opchoppy and Ochlockonee Rivers eastward to a line through the tw o flashing beacons marking the end of the main channel and south channel, to the shoreline south of Bald Point north to the county line. St. George Sound – Gulf of Mexico westerly to Apalachicola Bay. St. Vincent Sound – Apalachic ola Bay to Indian Pass. 20. Gadsden County Class I Holman Branch – SR 270-A to source. Mosquito Creek – U.S. Highway 90 north to Florida State Line. Quincy Creek – SR 65 to source. 21. Gilchrist County – none.22. Glades County. Class I Lake Okeechobee. 23. Gulf County. Class II Indian Lagoon – West of Indian Pass and St. Vincent Sound. St. Joseph Bay – South of a line from St. Joseph Point due east, excluding an area that is both within an arc 2.9 miles from th e center of the mouth of Gulf County Canal and east of a line from St. Joseph Point to the northwest corner of section 13, T8S, R11W. 24. Hamilton County – none. 25. Hardee County – none. 26. Hendry County. Class I Lake Okeechobee. 27. Hernando County – none. 28. Highlands County – none. 29. Hillsborough County. Class I Cow House Creek – Hillsborough River to source. Hillsborough River – City of Tampa Water Treatment Plant Dam to Flint Creek. Class II Old Tampa Bay – Waters within Hillsborough County between SR 60 (Courtney Campbell Parkway), and Interstate 275 (Howard Frankland Bridge), to the line of mean high water. Old Tampa Bay and Mobbly Bay – Beginning at the intersection of the north shore of SR 60 (Courtney Campbell Parkway) and Longitude 82o35'45'' west, thence due north to the line of mean hi gh water, thence westward along the line of mean high water, (except Rocky and Double Branch Creeks which are included only to SR 580), and up Channel A to a line connecting the lines of mean high water on the outer sides of the canal banks, to the county line, thence southerly along the county line to SR 60, the nce along the north shore of SR 60 to the point of beginning. Tampa Bay – Beginning at Gadsden Point, thence along a line connecting Gadsden Point and the intersection of Gadsden Point Cut and Cut “A” to a point one-half nautical mile inside said intersection, thence westward along a line one-half nautical mile ins ide and parallel to Gadsden Point Cut, Cut “G”, Cut “J”, Cut “J2”, and Cut “K”, to the line of mean high water, thence along the line o f mean high water to the point of beginning. Tampa Bay – Beginning at the intersection of the Hillsborough Coun ty Line and the line of mean high water, thence to the rear range marker of Cut “D”, thence northerly along the line of Cut “D” range to a point one-half nautical mile inside the southern boundary of Cut “C”, thence along a line one-h alf mile inside and parallel to Cut “C”, Cut “D”, and Cut “E” to a point with Lat itude 27o45'40'' north and Longitude 82o30'40'' west, thence to a point Latitude 27o47' north and Longitude 82o27' west, thence on a true bearing of 140o to the line of mean high water, thence along the line of mean high water southward to the western tip of Mangro ve Point, thence to the northwestern tip of Tropical Island, then ce eastward along the line of mean high water to the eastern tip of Goat Island, thence due south to the line of mean high water, thence generally southward along the line of mean high water to the po int of beginning. Tampa Bay – Hillsborough County portion west of the Sunshine Sk yway (excluding Tampa Harbor Channel) up to the line of mean high water. 30. Holmes County – none. 31. Indian River County. Class I St. Johns River and Tributaries – Brevard County Line south through and including Blue Cypress Lake to SR 60. Class II Indian River – Indian River County Line south to SR 510 east of the Intracoastal Waterway channel centerline. Indian River – SR 510 south to an east-west line from the north side of the North Relief Canal. Indian River – From an east-west line through the northernmost point of Round Island south to county line and east of Intracoas tal Waterway centerline.32. Jackson County. Class I Econfina Creek – Bay County to source. 33. Jefferson County Class II Coastal Waters – Within the county, excluding the mouth of Aucilla River. 34. Lafayette County – none. 35. Lake County – none. 36. Lee County. Class I Caloosahatchee River – E. Lee County Line to South Florida Water Management District Structure 79. Class II Charlotte Harbor. Matanzas Pass, Hurricane Bay, and Hell Peckish (Peckney) Bay – Fr om San Carlos Bay to a line from Estero Island through the southernmost tip of the unnamed island south of Julies Island, northeastward to the southernmost point of land in section 27, T 46S, R24E. Matlacha Pass – Charlotte Harbor to San Carlos Bay. Pine Island Sound – Charlotte Harbor to San Carlos Bay. San Carlos Bay – From a line from point Ybel to Bodwitch Point northward to a line from the eastern point at the mouth of Punta Blanca Creek, southeast through the southern point of Big Shell Island to the mainland and westward to Pine Island Sound. 37. Leon County – none. 38. Levy County. Class II Coastal Waters and Tidal Creeks – Within the county excluding: a. The mouth of the Suwannee River, and its passes; b. Alligator Pass to a line connecting the seawardmost points of the islands connecting Alligator Pass with the Gulf; c. Cedar Key area – from SR 24 bridge at the northernmost point of Rye Key, southwestward to the northernmost point of Gomez Key, then southward to the westernmos t point of Seahorse Key, then along the s outhern shoreline of Seahorse Key to its easternmost point, then northeastward to the southernmost point of Atsena Otie Key, then northward along the eastern shoreline of Atsena Otie Key to its northeasternmost point, then northward to the southernmost point of Dog Island, northwestward to the westernmost point of Scale Key, northwestward to the boundary marker piling, then northward to the point of beginning; d. The mouth of the Withlacoochee River. 39. Liberty County – none. 40. Madison County – none. 41. Manatee County. Class I Manatee River – From Rye Bridge Road to th e sources thereof, including but not limited to the following tributaries: the East F ork of the Manatee River, the North Fork of the Manatee River, Bo ggy Creek, Gilley Creek, Poley Branch, Corbit Branch, Little Deep Branch, Fisher Branch, Ft. Crawford Creek, Webb Branch, Clearwater Br anch, Craig Branch, and Guthrey Branch. Lake Evers (Ward Lake) and Braden River – City of Bradenton Water Treatment Dam to SR 675, excluding upland cut irrigation or drainage ditches and including the following tributaries: Tributary Upstream Limit(s) a. Rattlesnake Slough Lockwood Ridge Road in Section 28, Township 35 South, Range 18 East. b. Cedar Creek West Branch Whitfield Avenue in Section 27, Township 35 South, Range 18 East. Central Branch Country Club Way in Section 34, Township 35 South, Range 18 East.East Branch To a point where an east-west line lying 1200 feet south of the section line between Sections 23 and 26 (Township 35 South, Range 18 East) crosses the tributary. c. Cooper Creek West Branch (Foley Branch)South Boundary of Section 1, Township 36 South, Range 18 East. East Branch East Boundary of Section 31, Township 35 South, Range 19 East. d. Nonsense Creek To a point where an east-west line lying 800 feet North of the section line between Sections 14 and 23 (Township 35 South, Range 18 East) crosses the creek. e. Hickory Hamock To a point wher e an east-west line lying 1000 feet South of the section line between Sections 17 and 20 (Township 35 South, Range 19 East) crosses the creek. f. Wolf Slough East Boundary of Section 16, Township 35 South, Range 19 East. g. Unnamed Tributary 1 To a point where an east-west line lying 2300 feet south of the section line between Sections 21 and 28 (Township 35 South, Range 19 East) crosses the tributary. h. Unnamed Tributary 2 East Boundary of Section 14, Township 35 South, Range 19 East. i. Unnamed Tributary 3 West Boundary of Section 25, Township 35 South, Range 19 East. j. Unnamed Tributary 4 To a point where a north-south line lying 200 feet East of the section line between Sections 23 and 24 (Township 35 South, Range 19 East) crosses the tributary. Class II Gulf and Coastal Waters of Tampa Bay – (Including, but not limited to Terra Ceia Bay, Perico Bayou, Palma Sola Bay, and Sarasot a Bay), excluding waters northward of a line from the southern sh ore of the mouth of Little Redfish Creek northwesterly through t he red marker (approximately one nautical m ile away) to the county line; Manatee Rive r upstream of a line from Emerson Pt. to Mead Pt. Gulf Waters – North of 27o31' N. Lat. 42. Marion County – none. 43. Martin County. Class I Lake Okeechobee. Class II Great Pocket – St. Lucie River to Peck’s Lake. Indian River – N. Martin County Line south to the mouth of St . Lucie Inlet, east of the Intraco astal Waterway Channel centerlin e. Loxahatchee River – West of the Florida East Coast Railroad Bridge including Southwest, Northwest, and North Forks. 44. Monroe County. Class II Monroe County Coastline – From Collier and Dade County Lines southward to and including that part of Florida Bay within Everglades National Park. 45. Nassau County.Class II Alligator Creek. Nassau River and Creek – From the mouth of Nassau Sound (a line co nnecting the northeasternmost point of Little Talbot Island t o the southeasternmost point of Amelia Island) westerly to Seymore Point. South Amelia River – Nassau River north to a line from the northern shore of the mouth of Alligator Creek to the northernmost shore of Harrison Creek. Waters between South Amelia River and Alligator Creek. 46. Okaloosa County. Class II Choctahatchee Bay and Tributaries – From a line from White Point southwesterly through Fl. Light Marker 2 of the Intracoastal Waterway, eastward to the county line, including East Pass. Rocky Bayou – Choctahatchee Bay (f rom a line extending due east from Shirk Point) to Rocky Creek. Santa Rosa Sound – From a north-south line through Manatee Point west to the Santa Rose County Line. 47. Okeechobee County. Class I Lake Okeechobee. 48. Orange County – none. 49. Osceola County – none. 50. Palm Beach County. Class I Canal C-18 (freshwater portion). City of West Palm Beach Water Catchment Area. Clear Lake, Lake Mangonia, and the waterway connecting them. Lake Okeechobee. M-Canal – L-8 to Lake Mangonia. Class II Canal C-18 – Salinity barrier to Loxahatchee River. Loxahatchee River – Upstream of Florida East Coast railroad bridge including Southwest, Northwest, and North Forks. 51. Pasco County – none. 52. Pinellas County. Class II Old Tampa Bay, Mobbly Bay and Tampa Bay – South and westward to Sunshine Skyway (SR 55), except Safety Harbor north of an east-west line through Phillipi Point. Tampa Bay and Gulf waters – West of Sunshine Skyway (SR 55), ex cluding waters north of SR 682 and waters that are both west of Pinellas Bayway and north of an east-west line through the southernmost point of Pine Key. 53. Polk County – none. 54. Putnam County – none. 55. St. Johns County. Class II Guano River and Tributaries – From Guano Lake Dam south to Tolomato River. Matanzas River, Intracoastal Waterway a nd Tributaries, excluding Treasure Beach Cana l System – From Intracoastal Waterway Marker number 29, south to Flagler County Line. Pellicer Creek. Salt Run – Waters south of an east-west line connecting Lighthouse Park boat ramp with Conch Island. Tolomato River (North River) and Tributaries – From a line connecting Spanish Landing to Booth Landing, south to an east-west line through Intracoastal Waterway Marker number 55. 56. St. Lucie County.Class II Indian River – From Middle Point south to S. St. Lucie County Line, east of Intracoastal Waterway Channel centerline. Indian River – N. St. Lucie County Line south to an east-west line through the southern point of Fishhouse Cove. 57. Santa Rosa County. Class II Blackwater Bay – From a line connecting Robinson’s Point to Broad River south to East Bay (line due west from Escribano Point). East Bay and Tributaries – Blackwater Bay (line due west from Es cribano Point) southerly to Pensacola Bay (line from Garcon Point on the north to Redfish Point on the south). Escambia Bay – Louisville and Nashville Railroad Trestle south to Pensacola Bay (Line from Emanuel Point east northeasterly to Garcon Point). Pensacola Bay – East of a line connecting Emanuel Point on the north to the south end of the Pensacola Bay Bridge (U.S. Highway 98). Santa Rosa Sound – From a line connecting Gu lf Breeze approach to Pensac ola Beach, (Bascule Bridge), and Sharp Point, east to Santa Rosa/Okaloosa County line with exception of the Navarre Beach area from a north-south lin e through Channel Marker 106 eastward to Navarre Beach Toll Road. 58. Sarasota County. Class I Big Slough Canal – South to U.S. 41. Cooper Creek (Foley Branch) upstream to the South boundary of Section 1, Township 36 South, Range 18 East. Myakka River – From the Manatee County line southwesterly thro ugh Upper and Lower Myakka Lakes to Manhattan Farms (north line of Section 6 T39S, R20E). Class II Lemon Bay – From a line eastward from the northern shore of the mouth of Forked Creek south to Charlotte County Line. Myakka River – From the western line of section 35, T39S, R20E south to Charlotte County Line. Sarasota Bay – West of the Intracoastal Waterway Channel centerline. 59. Seminole County – none. 60. Sumter County – none. 61. Suwannee County – none. 62. Taylor County. Class V Fenholloway River. Repealed effective December 31, 1997. 63. Union County – none. 64. Volusia County Class II Indian River North, Indian River Lagoon, and Mosquito Lagoon from an east-west line through Intracoastal Waterway Channel Marker 57 south to S. Volusia County Line. Indian River – North of County Line. 65. Wakulla County. Class II Coastal Waters and Tributaries – From Jefferson County Line west ward with the exception of Spring Creek and the portion of King Bay (Dickerson Bay) west and north of a line from the westernmost tip of Porter Island south to Hungry Point, and Walker Creek north of a line from Live Oak Point southwest across the Creek to the closest tip of Shell Point. 66. Walton County. Class II Choctawhatchee Bay and Tributaries – Except waters north of a line from Alaqua Point to Wheeler Point. 67. Washington County. Class I Econfina Creek.
Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804 FS. Law Implemented 403.021, 403.061, 403.08 7, 403.088,403.141, 403.161, 403.182, 403.502, 403.504, 403.702, 403.708 FS. Histor y–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, 8-5-10.

62-302.500 Surface Waters: Mini mum Criteria, General Criteria. (1) Minimum Criteria. All surface waters of the State shall at all places and at all times be free from: (a) Domestic, industrial, agricultural, or other man-induced non-thermal components of discharges which, alone or in combination with other substances or in combination with other components of discharges (whether thermal or non-thermal): 1. Settle to form putrescent deposits or otherwise create a nuisance; or 2. Float as debris, scum, oil, or other matter in such amounts as to form nuisances; or 3. Produce color, odor, taste, turbidity, or other c onditions in such degree as to create a nuisance; or 4. Are acutely toxic; or 5. Are present in concentrations which are carcinogenic, mutagenic, or teratogenic to human beings or to significant, locally occurring, wildlife or aquatic species, unless specific standards are established for such components in subsection 62-302.500( 2) or Rule 62-302.530, F.A.C.; or 6. Pose a serious danger to the p ublic health, safety, or welfare. (b) Thermal components of discharges which, alone, or in co mbination with other discharges or components of discharges (whether thermal or non-thermal): 1. Produce conditions so as to create a nuisance; or 2. Do not comply with applicable provisions of Rule 62-302.520, F.A.C. (c) Silver in concentrations above 2.3 micrograms/liter in predominently marine waters. (2) General Criteria. (a) The criteria of surface water quality provided in subsection 62- 302.500(2) and Rule 62-302.530 , F.A.C., shall apply to all surface waters outside zones of mixing except: 1. Where inconsistent with the limita tions of Section 403.061(7), F.S.; or 2. Where relief from such criteria has been granted pursuant to other applicable rules of the Department. (b) The Department may establish a Technical Advisory Committee on request or on its own initiative, to review and advise the Department about the sufficiency and validity of data or methodol ogies and the need for revision of numerical surface water qua lity criteria established in this rule chapter. The committee sha ll be appointed by the Secretary and consist of professionals knowledgeable about the specific criteria to be reviewed. The committee shall be chai red by a representative of the Department and shall meet at the call of the chair. Any findings, conclusions, or recommendations of the commmittee shall be conveyed to the Secretary and to the chair of the Commission but shall not bind the Department. (c) Effluent limits may be established for pollutants for which analytical detection limits are higher than the established wat er quality criteria based upon computation of c oncentrations in the receiving waters. Efflue nt limits will be established on site- specific conditions in the context of a Department permit. Monitoring repo rts and permit applications shall specify the detection limits and indicate non-detectable results in such cases. Unless otherwis e specified, such non- detectable results shall be accepted as demonstrating compliance for that pollutant as long as specified effluent limits are met. (d) Criteria for metals in Rule 62-302.530 and paragraph 62-302 .500(1)(c), F.A.C., are measured as total recoverable metal. However, cadmium, chromium, copper, lead, nick el, silver, and zinc may be applied as dissolved metals when, as part of a permit application, a dissolved metals translator has been established according to the procedures described in the document, “Guidanc e for Establishing a Metals Translator”, Florida Department of Environmental Protection, December 17, 2001. (e) A violation of any surface water quality criterion as set forth in this chapter constitutes pollution. For certain pollutan ts, numeric criteria have been established to protect human health from an unacceptable risk of additional cancer caused by the consumption of water or aquatic organisms. These numeric criteri a are based on annual average flow conditions. However, this allowable annual average does not relieve any activity from complying with subsection 62-302.500(1), Rule 62-302.530, F.A.C., o r any other provision of water quality standards. (f) Notwithstanding the specific numerical criteria applicable to individual classes of water, dissolved oxygen levels that are attributable to natural background conditions or man-induced cond itions which cannot be controlled or abated may be established as alternative dissolved oxygen criteria for a water body or portio n of a water body. Alternative dissolved oxygen criteria may be established by the Secretary or a Director of District Management in conjunction with the issuance of a permit or other Departm entaction only after public notice and opportunity for public hearin g. The determination of alternative criteria shall be based on consideration of the factors described in subparagraphs 62-302 .800(1)(a)1.-4., F.A.C. Alternative criteria shall not result in a lowering of dissolved oxygen levels in the water body, water body segment or any adjacent waters, and shall not violate the minimum criteria specified in subsection 62-302.500(1), F.A.C. Daily and seasonal fluctuations in dissolved oxygen levels shall be maintained.
Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemente d 403.021, 403.061, 403.087, 403.08 8, 403.141, 403.161, 403.182, 403.502, 403.702, 403. 708 FS. History–Formerly 28-5.02, 17-3.02, Amended 10-28-78, Amended and Renumbered 3-1 -79, Amended 1-1-83, 10-4-89, Formerly 17-3.051, Amended 4-25-93, Formerly 17-302.500, Amended 1-15-96, 12-26-96, 5-15-02, 12-7-06.

62-302.520 Thermal Surface Water Criteria. All discharges or proposed discharges of heated water into receiving bodies of wate r (RBW) which are controlled by the State sh all be subjected to a thorough study to assess the consequences of the discharge upon the environment. The State shall be divided i nto two general climatological zones: Peninsular Florida, which varies from tropical in nature to temperate but is modified by the peninsular configuration and is the area south of latitude 30o N (excluding Gulf and Franklin Counties): and Northern Florida w hich is temperate and continental and is the area above latitude 30o N plus the portions of Gulf and Franklin Counties which lie bel ow 30o N. (1) Heated water discharges existing on July 1, 1972: (a) Shall not increase the temperature of th e RBW so as to cause substantial damage or harm to the aquatic life or vegetation therein or interfere w ith beneficial uses assigned to the RBW, (b) Shall be monitored by the discharger to ensure compliance with this rule, and (c) If the Department, pursuant to notice and opportunity for hearing, finds by a preponderance of the evidence that a discharg e has caused substantial damage, it may require conversion of such discharge to offstream cooling or approved alternate methods. In making determinations regarding such conversions, the Department may consider: 1. The nature and extent of the existing damage; 2. The projected lifetime of the existing discharge; 3. Any adverse economic and environmental (including non-water quality) impacts which would result from such conversion; and 4. Such other factors as may be appropriate. (2) Heated water sources proposed for future discharges in to RBW controlled by the State shall not increase the water temperature by more than the monthly temperature limits prescribed for the particular type and location of the RBW. New sources shall include all expansions, modifications, alterations, replacement s, or repairs which result in an increased output of ten p ercent (10%) or more of the level of energy production which existed on the date this rule became effective. Water temperatures shall be measured by procedures approved by the Florida Department of Environmental Protection (DEP). In all cases where a temperature rise above ambient is allowed and a maximum RBW temperature is also prescribed, the lower of the two limitations shall be the control temperature. (3) Definitions. (a) Ambient (natural) temperature of a RBW shall mean the existing temp erature of the receiving wa ter at a location which is unaffected by man-made thermal discharges and a location which is also of a depth and exposure to winds and currents which typi fy the most environmentally stable portions of the RBW. (b) Coastal waters shall be all waters in the State whic h are not classified as fresh waters or as open waters. (c) A cooling pond is a body of water enclosed by natural or constructed restraints which has been approved by the Florida DEP for purposes of controlling heat dissipation from thermal discharges. (d) An existing heat source is an y thermal discharge (a) which is presently taki ng place, or (b) which is under construction or for which a construction or operation permit has been is sued prior to the effective date of this rule. (e) Fresh waters shall be all waters of the State which are cont ained in lakes and ponds, or ar e in flowing streams above the z one in which tidal actions influence the salinity of the water and where the concentration of chloride ions is normally less than 1 500 milligrams per liter. (f) Open water shall be all waters in the State extending se award from the most seaward 18 -foot depth contour line (threefathom bottom depth contour) which is offshore from any island; exposed or submerged bar or reef; or mouth of any embayment orestuary which is narrowed by headlands. Contour lines shal l be determined from Coast and Geodetic Survey Charts. (g) The point of discharge (POD) for a heated water discharge shall be primarily that point at which the effluent physically leaves its carrying conduit (open or closed), and discharges into the waters of the state, or, in the event it is not practicab le to measure temperature at the end of the discha rge conduit, a specific point designated by the Florida DE P for that particular the rmal discharge. (h) Heated water discharges are the effluents from commercial or industrial activities or processes in which water is used for the purpose of transporting waste heat, and which constitute heat so urces of one million British Thermal Units per hour (1,000,000 BTU/HR.), or greater. (i) Blowdown shall mean the minimum discharge of recirculating cooling water for the purpose of discharging materials contained in the water, the further buildup of which could cause concentrations in amounts exceeding limits established by best engineering practice. (j) Recirculating cooling water shall mean water which is used for the purpose of removing waste heat and then passed through a cooling system for the purpose of removing such heat from the water and then, except for blowdown, is used again to remove waste heat. (4) Monthly and Maximum Temperature Limits. (a) Fresh Waters – Heated water with a temperature at the POD mo re than 5o F higher than the ambient (natural) temperature of any stream shall not be discharged into su ch stream. At all times under all conditions of stream flow the discharge temperature shall be controlled so that at least two-thirds (2/3) of the width of the st ream’s surface remains at ambi ent (natural) temperature. Further, no more than one-fourth (1/4) of the cross-section of the stream at a traverse perpendicular to the flow shall be heated by the discharge. Heated water with a temperature at the POD more than 3o F higher than the ambient (natural) temperature of any lake or reservoir shall not be discharged into such lake or reservoir. Further, no heated water with a temperature above 90o F shall be discharged into any fresh waters in Northern Florida regardless of the ambient temperature of th e RBW. In Peninsular Florida, heated waters above 92o F shall not be discharged into fresh waters. (b) Coastal Waters – Heated water with a temperature at the PO D more than 2o F higher than the ambient (natural) temperature of the RBW shall not be discharged into coastal waters in any zone during the months of June, July, August, and September. Duri ng the remainder of the year, heated water with a temperature at the POD more than 4o F higher than the ambient (natural) temperat ure of the RBW shall not be discharged into coastal waters in any zone. In addition, during June, July, August, and September, no heated water with a temperature above 92o F shall be discharged into coastal waters. Further, no heated water with a temperatur e above 90o F shall be discharged into coastal waters during the period October thru May. (c) Open Waters – Heated water with a te mperature at the POD up to 17o F above ambient (natural) temperature of the RBW may be discharged from an open or closed conduit into open waters under the followi ng restraints: The surface temperature of th e RBW shall not be raised to more than 97o F and the POD must be su fficient distance offshore to en sure that the adjacent coastal waters are not heated beyond the temperatures permitted in such waters. (d) Cooling Ponds – The temperature for heated water discharged from a cooling pond shall be measured at the POD from the pond, and the temperature limitation shall be that specified for the RBW. (5) General. (a) Daily and seasonal temperature variations that were normal to the RBW before the addition of heat from other than natural causes shall be maintained. (b) Recapitulation of temperature limitations prescribed above: COASTAL ZONE STREAMS LAKES SUMMER REMAINDER OPEN NORTH. 90o F Max. 90o F Max. 92o F Max. 90o F Max. 97o F Max. AM + 5o F AM + 3o F AM + 2o F AM + 4o F AM + 17o F PENIN. 92o F Max. 92o F Max. 92o F Max. 90o F Max. 97o F Max. AM + 5o F AM + 3o F AM + 2o F AM + 4o F AM + 17o F (6) Upon application on a case-by-case basi s, the Department may establish a zone of mixing beyond the POD to afford a reasonable opportunity for dilution and mixture of heated water discharges with the RBW, in the following manner: (a) Zones of mixing for thermal discharges from non-recirculated cooling water systems and process water systems of new sources shall be allowed if supported by a demonstration, as provided in Section 316(a), Public Law 92-500 and regulationspromulgated thereunder, including 40 C.F.R. Part 122, by an applicant that the proposed mixing zone will assure the protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife in and on the body of water into which the dis charge is to be made and such demonstration has not been rebutted. It is the intent of the Commission that to the extent practicable, proceedings under this provision should be conducted jointly with proceedings before the federal government under Section 316(a ), Public Law 92-500. (b) Zones of mixing for blowdown discharges from recircul ated cooling water systems, and for discharges from nonrecirculated cooling water systems of exis ting sources, shall be established on the ba sis of the physical and biological charac teristics of the RBW. (c) When a zone of mixing is established pursuant to this subsection 62-302.520(6), F.A.C., any otherwise applicable temperature limitations contained in Rule 62-302.520, F.A.C., shall be met at its boundary; however, the Department may also establish maximum numerical temperature limits to be measured at the POD and to be used in lieu of the general temperature limi ts in Rule 62-302.520, F.A.C., to determine compliance by the disc harge with the established mixing zone and the temperature limit s in Rule 62-302.520, F.A.C.
Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemente d 403.021, 403.061, 403.087, 403.08 8, 403.141, 403.161, 403.182, 403.502, 403.702, 403. 708 FS. History–Formerly 28-5.02, 17-3.02, Amended 10-28-70, Amended and Renumbered 3-1 -79, Formerly 17-3.05, 17-3.050, 17-302.520.

62-302.530 Table: Surfa ce Water Quality Criteria. The following table contains both numeric an d narrative surface water quality criteria to be applied except within zones of mix ing. The left-hand column of the Table is a lis t of constituents for which a surface water criterion exists. The headings for the wa ter quality classifications are found at the top of the Table, and th e classification descriptions for the headings are specified i n subsection 62-302.400(1), F.A.C. Applicable criteria lie within the Table. The individual criteria should be read in conjunctio n with other provisions in water quality standards, including Rule 62-302. 500, F.A.C. The criteria contained in Rule 62-302.500, F.A.C
., also apply to all waters unless alternative or more stringent criteria are specified in Rule 62-302.530, F.A.C. Unless otherwis e stated, all criteria express the maximum not to be exceeded at any time. In so me cases, there are separate or additional limits, which apply independently of the maximum not to be exceed ed at any time. For example, annual averag e (denoted as “annual avg.” in the Table ) means the maximum concentration at average annual flow conditions (see subsection 62-302.200(2), F.A.C.). In applying the water quality standards, the Department shall take into account the variability occurring in nature and shall recognize the statistic al variability inherent in sampling and testing procedures. The Depa rtment’s assessment methodology, set forth in Chapter 62-303, F.A.C., accounts for such natural and statistical variability when used to assess ambient waters pursuant to sections 305(b) an d 303(d) of the Federal Clean Water Act.

Criteria for Surface Water Quality Classifications

Class III and Class III-Limited (see Note 4)

Parameter Units Class I Class II Predominantly
Fresh Waters Predominantly
Marine Waters Class IV Class V

(1) Alkalinity Milligrams/L as CaCO 3 Shall not be depressed below
20 Shall not be depressed below
20 < 600

(2) Aluminum Milligrams/L < 1.5 < 1.5
(3) Ammonia (un-ionized) Milligrams/L as NH 3 < 0.02 < 0.02

(4) Antimony Micrograms/L < 14.0 < 4,300 < 4,300 < 4,300 (5)(a) Arsenic (total) Micrograms/L ≤ 10 < 50 < 50 < 50 < 50 < 50(5)(b) Arsenic (trivalent) Micrograms/L
measured as total
recoverable
Arsenic < 36 < 36

(6) Bacteriological Quality (Fecal7 Coliform Bacteria) Number per 100 ml (Most Probable Number (MPN) or
Membrane Filter (MF)) MPN or MF
counts shall not exceed a monthly average of 200,
nor exceed 400 in
10% of the samples, nor exceed 800 on any one day. Monthly averages shall be expressed as geometric means
based on a
minimum of 5 samples taken over a 30 day period. MPN shall not
exceed a median
value of 14 with
not more than 10% of the samples exceeding 43, nor exceed 800 on any one day. MPN or MF
counts shall not exceed a monthly average of 200,
nor exceed 400 in
10% of the samples, nor exceed 800 on any one day. Monthly averages shall be expressed as geometric means
based on a
minimum of 10 samples taken over a 30 day period. MPN or MF
counts shall not exceed a monthly average of 200,
nor exceed 400 in
10% of the samples, nor exceed 800 on any one day. Monthly averages shall be expressed as geometric means
based on a
minimum of 10 samples taken over a 30 day period. (7) Barium Milligrams/L < 1 (8) Benzene Micrograms/L < 1.18 < 71.28 annual

avg. < 71.28 annual

avg. < 71.28 annual

avg. (9) Beryllium Micrograms/L < 0.0077 annual

avg. < 0.13 annual avg. < 0.13 annual avg. < 0.13 annual avg. < 100 in waters
with a hardness in mg/L of CaCO 3 of

less than 250 and
shall not exceed
500 in harder

waters(10) Biological Integrity Per cent reduction
of ShannonWeaver Diversity
Index The Index for
benthic
macroinvertebrates
shall not be
reduced to less
than 75% of background levels as measured using organisms retained by a U. S.
Standard No. 30
sieve and collected and composited
from a minimum
of three HesterDendy type
artificial substrate samplers of 0.10 to
0.15 m 2 area each,
incubated for a period of four
weeks. The Index for
benthic
macroinvertebrates
shall not be
reduced to less
than 75% of
established background levels as measured using organisms retained by a U. S.
Standard No. 30
sieve and collected and composited
from a minimum
of three natural substrate samples,
taken with Ponar type samplers with
minimum sampling area of
225 cm 2

. The Index for
benthic
macroinvertebrates
shall not be
reduced to less
than 75% of
established background levels as measured using organisms retained by a U. S.
Standard No. 30
sieve and collected and composited
from a minimum
of three HesterDendy type
artificial substrate samplers of 0.10 to
0.15 m 2 area each,
incubated for a period of four
weeks. The Index for
benthic
macroinvertebrates
shall not be
reduced to less
than 75% of
established background levels as measured using organisms retained by a U. S.
Standard No. 30
sieve and collected and composited
from a minimum
of three natural substrate samples,
taken with Ponar type samplers with
minimum sampling area of
225 cm 2

.

(11) BOD (Biochemical Oxygen Demand) Shall not be increased to exceed values which would cause dissolved oxygen to be depressed below the limit established for each class and, in no case, shall it be great enough to produce nuisance
conditions. (12) Boron Milligrams/L < 0.75 (13) Bromates Milligrams/L < 100 < 100 (14) Bromine (free molecular) Milligrams/L < 0.1 < 0.1

(15) Cadmium Micrograms/L See Notes (1) and (3). Cd <

e (0.7409[lnH]-4.719) ; < 8.8 Cd <

e (0.7409[lnH]-4.719) ; < 8.8

(16) Carbon
tetrachloride Micrograms/L < 0.25 annual avg.;
3.0 max < 4.42 annual

avg. < 4.42 annual avg. < 4.42 annual avg.

(17) Chlorides Milligrams/L < 250 Not increased
more than 10%
above normal background. Normal daily
and seasonal
fluctuations
shall be
maintained. Not increased
more than 10%
above normal background. Normal daily and
seasonal fluctuations shall be
maintained. In predominantly marine waters, not
increased more
than 10% above
normal background. Normal daily and seasonal
fluctuations shall
be maintained. (18) Chlorine (total residual) Milligrams/L < 0.01 < 0.01 < 0.01 < 0.01(19)(a) Chromium (trivalent) Micrograms/L
measured as total
recoverable
Chromium See Notes (1) and (3). Cr (III) 

e (0.819[lnH]+0.6848) Cr (III) 

e (0.819[lnH]+0.6848) Cr (III) 

e (0.819[lnH]+0.6848) In predominantly fresh waters, 

e (0.819[lnH]+0.6848)

(19)(b) Chromium (hexavalent) Micrograms/L See Note (3) < 11 < 50 < 11 < 50 < 11 In predominantly fresh waters, < 11. In predominantly marine waters,

< 50 (20) Chronic Toxicity (see definition in Section 62-302.200(4),
F.A.C. and also see below, “Substances in
concentrations which...”) (21) Color, etc. (see also Minimum Criteria, Odor, Phenols, etc.) Color, odor, and taste producing
substances and
other deleterious substances, including other
chemical compounds
attributable to domestic wastes, industrial wastes,
and other wastes Only such amounts
as will not render
the waters
unsuitable foragricultural irrigation, livestock watering, industrial cooling, industrial process water supply purposes, or fish
survival. (22) Conductance, Specific Micromhos/cm Shall not be increased
more than 50% above background or to 1275, whichever is greater. Shall not be
increased more
than 50% above background or to 1275, whichever is greater. Shall not be
increased more
than 50% above background or to 1275, whichever is greater. Shall not exceed 4,000

(23) Copper Micrograms/L See Notes (1) and (3). Cu  e (0.8545[lnH]-1.702)  3.7 Cu 

e (0.8545[lnH]-1.702)  3.7 < 500 < 500

(24) Cyanide Micrograms/L < 5.2 < 1.0 < 5.2 < 1.0 < 5.0 < 5.0 (25) Definitions (see Section 62-302.200, F.A.C.) (26) Detergents Milligrams/L < 0.5 < 0.5 < 0.5 < 0.5 < 0.5 < 0.5 (27) 1,1- Dichloroethylene (1,1- dichloroethene) Micrograms/L < 0.057 annual avg.;

< 7.0 max < 3.2 annual

avg. < 3.2 annual avg. < 3.2 annual avg.

(28) Dichloromethane (methylene chloride) Micrograms/L < 4.65 annual avg. < 1,580 annual

avg. < 1,580 annual

avg. < 1,580 annual

avg.(29) 2,4-Dinitrotoluene Micrograms/L < 0.11 annual avg. < 9.1 annual

avg. < 9.1 annual avg. < 9.1 annual avg.

(30) Dissolved Oxygen Milligra ms/L Shall not be less than 5.0. Normal daily and
seasonal fluctuations
above this level shall
be maintained. Shall not average less
than 5.0 in a 24-hour period
and shall never
be less than
4.0. Normal daily and
seasonal
fluctuations
above these
levels shall be
maintained. Shall not be less
than 5.0. Normal daily and seasonal
fluctuations above
these levels shall
be maintained. Shall not average
less than 5.0 in a 24-hour period and
shall never be less
than 4.0. Normal daily and seasonal
fluctuations above
these levels shall
be maintained. Shall not average
less than 4.0 in a 24-hour period and
shall never be less
than 3.0. Shall not be less than 0.3, fifty percent of the
time on an annual
basis for flows greater than or equal to 250 cubic feet per second
and shall never be
less than 0.1. Normal daily and
seasonal
fluctuations above
these levels shall
be maintained. (31) Dissolved Solids Milligrams/L < 500 as a monthly avg.; < 1,000 max (32) Fluorides Milligrams/L < 1.5 < 1.5 < 10.0 < 5.0 < 10.0 < 10.0 (33) “Free Froms” (see
Minimum Criteria in Section 62-302.500, F.A.C.) (34) “General Criteria” (see Section 62- 302.500, F.A.C. and individual criteria) (35)(a) Halomethanes (Total trihalomethanes) (total of bromoform,
chlorodibromomethane,
dichlorobromomethane, and chloroform).
Individual
halomethanes shall not exceed (b)1. to (b)5.
below. Micrograms/L < 80

(35)(b)1.
Halomethanes (individual):
Bromoform Micrograms/L < 4.3 annual avg. < 360 annual

avg. < 360 annual avg. < 360 annual avg.

(35)(b)2.
Halomethanes (individual):
Chlorodibromomethane Micrograms/L < 0.41 annual avg. < 34 annual

avg. < 34 annual avg. < 34 annual avg.(35)(b)3.
Halomethanes (individual):
Chloroform Micrograms/L < 5.67 annual avg. < 470.8 annual

avg. < 470.8 annual

avg. < 470.8 annual

avg.

(35)(b)4.
Halomethanes (individual):
Chloromethane (methyl chloride) Micrograms/L < 5.67 annual avg. < 470.8 annual

avg. < 470.8 annual

avg. < 470.8 annual

avg.

(35)(b)5.
Halomethanes (individual):

Dichlorobromomethane Micrograms/L < 0.27 annual avg. < 22 annual

avg. < 22 annual avg. < 22 annual avg.

(36)
Hexachlorobutadiene Micrograms/L < 0.45 annual avg. < 49.7 annual

avg. < 49.7 annual avg. < 49.7 annual avg.

(37) Imbalance (see Nutrients) (38) Iron Milligrams/L < 1.0 < 0.3 < 1.0 < 0.3 < 1.0 (39) Lead Micrograms/L See Notes (1) and (3). Pb <

e (1.273[lnH]- 4.705);  8.5 Pb <

e (1.273 [lnH] - 4.705);  8.5 < 50 < 50

(40) Manganese Milligrams/L < 0.1 (41) Mercury Micrograms/L 0.012 0.025 0.012 0.025 < 0.2 < 0.2 (42) Minimum Criteria (see Section 62- 302.500, F.A.C.) (43) Mixing Zones (See Section 62-4.244, F.A.C.) (44) Nickel Micrograms/L See Notes (1) and (3). Ni  e (0.846[lnH]+0.0584) < 8.3 Ni 

e (0.846[lnH]+0.0584) < 8.3 < 100

(45) Nitrate Milligrams/L as N < 10 or that
concentration that
exceeds the nutrient
criteria (46) Nuisance Species Substances in concentrations which resu lt in the dominance of nuisance species: none shall be present. (47)(a) Nutrients The discharge of nutrients shall continue to be limited as needed to preven t violations of other standards contained in this chapter. Man-induced nutrient enri chment (total nitrogen or total phosphorus) shall be considered degradation in relation to the provisions of Rules 62-302.300, 62-302.700, and 62-4.242, F.A.C. (47)(b) Nutrients In no case shall nutrient con centrations of a body of water be altered so as to cause an imbalance in natural populations of aquatic flora or fauna.(48) Odor (also see Color, Minimum Criteria, Phenolic Compounds, etc.) Threshold odor
number Shall not exceed 24 at 60 degrees C as a daily average. Odor producing substances: only
in such amounts
as will not unreasonably
interfere with use
of the water for the designated purpose of this
classification. (49)(a) Oils and
Greases Milligrams/L Dissolved or
emulsified oils and greases shall not
exceed 5.0 Dissolved or
emulsified oils and greases shall not
exceed 5.0 Dissolved or
emulsified oils and greases shall not
exceed 5.0 Dissolved or
emulsified oils and greases shall not
exceed 5.0 Dissolved or
emulsified oils and greases shall not
exceed 5.0 Dissolved or
emulsified oils and greases shall
not exceed 10.0 (49)(b) Oils and
Greases No undissolved oil, or visible oil defined as iridescen ce, shall be present so as to cause taste or odor, or
otherwise interfere with the beneficial use of waters. (50) Pesticides and
Herbicides (50)(a) 2,4,5-TP Micrograms/L < 10 (50)(b) 2-4-D Micrograms/L < 100 (50)(c) Aldrin Micrograms/L < .00013 annual

avg.; 3.0 max < .00014 annual

avg.; 1.3 max < .00014 annual

avg.; 3.0 max < .00014 annual

avg.; 1.3 max(50)(d) Betahexachlorocyclohexane (b-BHC) Micrograms/L < 0.014 annual

avg. < 0.046 annual

avg. < 0.046 annual

avg. < 0.046 annual

avg.

(50)(e) Chlordane Micrograms/L < 0.00058 annual

avg.; 0.0043 max < 0.00059 annual

avg.; 0.004 max < 0.00059 annual

avg.; 0.0043 max < 0.00059 annual

avg.; 0.004 max (50)(f) DDT Micrograms/L < 0.00059 annual

avg.; 0.001 max < 0.00059 annual

avg.; 0.001 max < 0.00059 annual

avg.; 0.001 max < 0.00059 annual

avg.; 0.001 max (50)(g) Demeton Micrograms/L < 0.1 < 0.1 < 0.1 < 0.1 (50)(h) Dieldrin Micrograms/L < 0.00014 annual

avg.; 0.0019 max < 0.00014 annual

avg.; 0.0019 max < 0.00014 annual

avg.; 0.0019 max < 0.00014 annual

avg.; 0.0019 max (50)(i) Endosulfan Micrograms/L < 0.056 < 0.0087 < 0.056 < 0.0087 (50)(j ) Endrin Micrograms/L < 0.0023 < 0.0023 < 0.0023 < 0.0023 (50)(k) Guthion Micrograms/L < 0.01 < 0.01 < 0.01 < 0.01 (50)(l) Heptachlor Micrograms/L < 0.00021 annual avg.; 0.0038 max < 0.00021 annual avg.; 0.0036 max < 0.00021 annual avg.; 0.0038 max < 0.00021 annual avg.; 0.0036 max(50)(m) Lindane (gbenzene hexachloride) Micrograms/L < 0.019 annual

avg.; 0.08 max < 0.063 annual

avg.; 0.16 max < 0.063 annual

avg.; 0.08 max < 0.063. annual

avg.; 0.16 max (50)(n) Malathion Micrograms/L < 0.1 < 0.1 < 0.1 < 0.1 (50)(o) Methoxychlor Micrograms/L < 0.03 < 0.03 < 0.03 < 0.03 (50)(p) Mirex Micrograms/L < 0.001 < 0.001 < 0.001 < 0.001 (50)(q) Parathion Micrograms/L < 0.04 < 0.04 < 0.04 < 0.04(50)(r) Toxaphene Micrograms/L < 0.0002 < 0.0002 < 0.0002 < 0.0002 (51)(a) pH (Class I and Class IV Waters) Standard Units Shall not vary more than one unit above or belo w natural background provided that the pH is not lowered to less than 6 units or raised above 8.5 units. If natural background is less than 6 units, the pH shall not vary below natural background or vary more than one unit above natural background. If na tural background is higher than 8.5 units, the pH shall not vary above natural background or vary more than one unit below background. (51)(b) pH (Class II Waters) Standard Units Shall not vary more than one unit above or belo w natural background of coastal waters as defined in paragraph 62

- 302.520(3)(b), F.A.C., or more than two-tenths unit above or below natural background of open waters as defined in paragraph 62-302.520(3)(f), F.A.C., provided that the pH is not lowered to less than 6.5 units or raised above 8.5 units. If natural background is less than 6.5 units, the pH shall not vary below natural background or vary more than one unit above natural background for coastal waters or more than two-tenths unit above natural background for open waters. If natural background is higher than 8.5 units, the pH shall not vary above natural background or vary more than one unit below natural background of coastal waters or more than two-tenths unit below natu ral background of open waters. (51)(c) pH (Class III Waters) Standard Units Shall not vary more than one unit above or belo w natural background of predominantly fresh waters and coastal wa ters as defined in paragraph 62-302.520(3)(b), F.A.C. or more than two-tenths un it above or below natural background of open waters as defined in para graph 62-302.520(3)(f), F.A.C., provided that the pH is not lowered to less than 6 units in predominantly fresh waters, or less than 6.5 units in predomin antly marine waters, or raised above 8.5 units. If natural background is less than 6 units, in predom inantly fresh waters or 6.5 units in pr edominantly marine waters, the pH shall not vary below natural background or vary more than one unit above natural b ackground of predominantly fresh waters and coastal waters, or more than two- tenths unit above natural background of open waters. If natural background is higher than 8.5 units, the pH shall not vary above natu ral background or vary more than one unit below natural background of predominantly fresh waters and coastal waters , or more than two-tenths unit below natural background of open waters. (51)(d) pH (Class V Waters) Standard Units Not lower than 5.0 nor greater than 9.5 except certain swamp wa ters which may be as low as 4.5.

(52)(a) Phenolic Compounds: Total Phenolic compounds other than those produced by the natural decay of plant material, listed or unlisted, shall not taint the flesh of edible fish or shellfish or produce obj ectionable taste or odor in a drinking water supply. (52)(b) Total
Chlorinated Phenols
and Chlorinated
Cresols Micrograms/L 1. The total of all chlorinated phenols, and ch lorinated cresols, except as set forth in (c)1. to (c)4. below, shall not exceed 1.0 unless higher values are shown not to be chronica lly toxic. Such higher values shall be approved in writing by the Secretary. 2. The compounds listed in (c)1. to (c)6. below shall not exceed the lim its specified for each compound. 1. The total of the following
Phenolic compounds shall
not exceed 50: a) Chlorinated phenols; b) Chlorinated cresols; and c) 2,4- dinitrophenol. (52)(c) 1. Phenolic Compound: 2- chlorophenol Micrograms/L < 120 < 400 See Note (2). < 400 See Note (2). < 400 See Note (2). < 400 See Note (2).

(52)(c) 2. Phenolic Compound: 2,4- dichlorophenol Micrograms/L < 93 See Note (2). < 790 See Note (2). < 790 See Note (2). < 790 See Note (2). < 790 See Note (2).

(52)(c) 3. Phenolic Compound: Pentachlorophenol Micrograms/L < 30 max;

< 0.28 annual avg;

< e (1.005[pH]- 5.29) < 7.9 < 30 max;

< 8.2 annual avg;

< e (1.005[pH]- 5.29) < 7.9 < 30(52)(c) 4. Phenolic Compound: 2,4,6- trichlorophenol Micrograms/L < 2.1 annual avg. < 6.5 annual avg. < 6.5 annual avg. < 6.5 annual avg. < 6.5 annual avg.

(52)(c) 5. Phenolic Compound: 2,4- dinitrophenol Milligrams/L < 0.0697 See Note (2). < 14.26 See Note (2). < 14.26 See Note (2). < 14.26 See Note (2). < 14.26 See Note (2).

(52)(c) 6. Phenolic Compound: Phenol Milligrams/L < 0.3 < 0.3 < 0.3 < 0.3 < 0.3 < 0.3

(53) Phosphorus (Elemental) Micrograms/L < 0.1 < 0.1

(54) Phthalate Esters Micrograms/L < 3.0 < 3.0 (55) Polychlorinated Biphenyls (PCBs) Micrograms/L < 0.000044 annual avg.; 0.014 max < 0.000045 annual avg.; 0.03 max < 0.000045 annual avg.; 0.014 max < 0.000045 annual avg.; 0.03 max (56)(a) Polycyclic
Aromatic Hydrocarbons (PAHs).
Total of: Acenaphthylene; Benzo(a)anthracene; Benzo(a)pyrene; Benzo(b)fluoran-thene; Benzo-(ghi)perylene; Benzo(k)fluoranthene; Chrysene; Dibenzo- (a,h)anthracene; Indeno(1,2,3- cd)pyrene; and
Phenanthrene Micrograms/L < 0.0028 annual

avg. < 0.031 annual

avg. < 0.031annual avg. < 0.031 annual

avg.

(56)(b)1. (Individual PAHs): Acenaphthene Milligrams/L < 1.2 See Note (2). < 2.7 See Note (2). < 2.7 See Note (2). < 2.7 See Note (2).
(56)(b)2. (Individual PAHs): Anthracene Milligrams/L < 9.6 See Note (2). < 110 See Note (2). < 110 See Note (2). < 110 See Note (2).
(56)(b)3. (Individual PAHs): Fluoranthene Milligrams/L < 0.3 See Note (2). < 0.370 See Note (2). < 0.370 See Note (2). < 0.370 See Note (2).
(56)(b)4. (Individual PAHs): Fluorene Milligrams/L < 1.3 See Note (2). < 14 See Note (2). < 14 See Note (2). < 14 See Note (2).
(56)(b)5. (Individual PAHs): Pyrene Milligrams/L < 0.96 See Note (2). < 11 See Note (2). < 11 See Note (2). < 11 See Note (2). (57)(a) Radioactive substances (Combined radium 226 and 228) Picocuries/L < 5 < 5 < 5 < 5 < 5 < 5

(57)(b) Radioactive substances (Gross alpha particle activity including radium 226, but excluding radon and uranium) Picocuries/L < 15 < 15 < 15 < 15 < 15 < 15

(58) Selenium Micrograms/L < 5.0 < 71 < 5.0 < 71(59) Silver Micrograms/L See Note (3). < 0.07 See Minimum
criteria in Section 62-302.500(1)(c) < 0.07 See Minimum
criteria in Section 62-302.500(1)(c)

(60) Specific Conductance (see Conductance, Specific, above) (61) Substances in
concentrations which injure, are chronically toxic to, or produce adverse physiological or behavioral response in humans, plants, or
animals None shall be present.

(62) 1,1,2,2-
Tetrachloroethane Micrograms/L < 0.17 annual avg. < 10.8 annual avg. < 10.8 annual avg. < 10.8 annual avg.

(63) Tetrachloroethylene (1,1,2,2- tetrachloroethene) Micrograms/L < 0.8 annual avg.,

< 3.0 max < 8.85 annual avg. < 8.85 annual avg. < 8.85 annual avg.

(64) Thallium Micrograms/L < 1.7 < 6.3 < 6.3 < 6.3 (65) Thermal Criteria (See Section 62- 302.520) (66) Total Dissolved
Gases Percent of the
saturation value for gases at the existing atmospheric and hydrostatic

pressures < 110% of
saturation value < 110% of
saturation value < 110% of
saturation value < 110% of
saturation value

(67) Transparency Depth of the compensation point for photosynthetic activity Shall not be reduced by more
than 10% as compared to the
natural background value. Shall not be reduced by more
than 10% as compared to the
natural background value. Shall not be reduced by more
than 10% as compared to the
natural background value. Shall not be reduced by more
than 10% as compared to the
natural background value. (68) Trichloroethylene (trichloroethene) Micrograms/L < 2.7 annual avg.,

< 3.0 max < 80.7 annual avg. < 80.7 annual avg. < 80.7 annual avg.

(69) Turbidity Nephelometric Turbidity Units (NTU) < 29 above natural background
conditions < 29 above natural background
conditions < 29 above natural background
conditions < 29 above natural background
conditions < 29 above natural background
conditions < 29 above natural background
conditions (70) Zinc Micrograms/L See Notes (1) and (3). Zn 

e (0.8473[lnH]+0.884) < 86 Zn 

e (0.8473[lnH]+0.884) < 86 < 1,000 < 1,000Notes : (1) “ln H” means the natural logarithm of to tal hardness expressed as milligrams/L of CaCO 3 . For metals criteria involving equations with hardness, the hardness shall be set at 25 mg/L if actual ha rdness is < 25 mg/L and set at 400 mg/L if actual hardness is > 400 mg/L. (2) This criterion is protective of human health not of aquatic li fe. (3) For application of dissolved metals criteria see paragrap h 62-302.500(2)(d), F.A.C. (4) Class III-Limited waters have at least one Site Specific Alternative Criterion as established under Rule 62-302.800, F.A.C.

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 40 3.704, 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 1-28-90, Formerly 17-3.065, Amended 2-13 -92, 6-17-92, Formerly 17-3 02.540, 17- 302.550, 17-302.560, 17-302.570, 17-302.580, Amended 4-25-93, Formerly 17-302.530, Amended 1-23-95, 1-15-96, 5-15-02, 7-19-04, 12-7-06, 8- 5-10.

62-302.540 Water Quality Standards for Phosphorus Within the Everglades Protection Area. (1) Purpose and Scope. (a) The purpose of this rule is to implement the requirements of the Everglades Forever Act by utilizing the powers and duties granted the Department under the Act and other applicable provisio ns of Chapters 373 and 403, F.S., to establish water quality standards for phosphorus, including a numeric phosphorus criterion, within the EPA. (b) The water quality standards adopted by this rule include all of the following elements: 1. A numerical interpretation of the Class III narrative nutrient criterion for phosphorus; 2. Establishment of moderating provisions for permits authoriz ing discharges into the EPA in compliance with water quality standards, including the numeric phosphorus criterion; and 3. A method for determining achievement of the numeric phosphorus criterion, which takes into consideration spatial and temporal variability, natural background conditions and confidence in laboratory results. (2) Findings. (a) The Legislature, in adopting the Everglades Forever Act, reco gnized that the EPA must be restored both in terms of water quantity and water quality. (b) Best Management Practices (BMPs) have reduced phosphorus loads from the Everglades Ag ricultural Area to the EPA by more than twice the amount required by existing rules. St ormwater Treatment Areas (STA s) have reduced phosphorus concentrations to less than the goal of 50 p pb established in the Everglades Forever Act. (c) While a significant percentage of the EPA currently meets the nume ric phosphorus criterion, further efforts are required to achieve the criterion in the remain ing impacted areas of the EPA. (d) Even as water quality continues to improve, restoration w ill be a long-term process because of historic phosphorus accumulations found in sediments within imp acted areas. This phosphorus can diffuse back into the water column, a phenomenon the Department recognizes as reflux. (e) The Basin-Specific Feasibility Studies completed by the Dist rict considered environmental factors, implementation cost, scheduling, and technical factors in evaluating measures to reduce phosphorus levels entering the EPA. These studies and other information provided to the Commission show that: 1. At this time, chemical treatment technology is not cost-e ffective for treating discharges entering the EPA and poses the potential for adverse environmental effects. 2. Optimization of the existing STAs, in combination with BM Ps, is currently the most cost-effective and environmentally preferable means to achieve further phosphorus reductions to the EPA, and to restore impacted ar eas. The effectiveness of such measures should be determined and maximized prior to requiring additional measures. Optimization shall take into consideration viable vegetative technologies, including Pe riphyton-based STAs that are found to be cost-effec tive and environmentally accepta ble. (f) The District and the Depart ment recognize that STA and BMP optimization requires a sustained commitment to construct, implement, stabilize and measure phosphorus reduction benefits. (g) The Comprehensive Everglades Restorati on Plan (CERP) contains proj ects that will affect the fl ows and phosphorus levels entering the EPA. Achievement of water quality standards for wate r quality projects required under the Everglades Forever Act c an be most effectively and efficiently attain ed when integrated with CERP projects. (h) The Long-Term Plan constitutes a comprehensive program to optimize the STAs and BMPs to achieve further phosphorus reductions and thereby accomplish implementation of Best Available Phosphorus Reduction Technology (BAPRT). (i) It is the intent of the Commission that implementation of this rule will fulfill commitments made by the State of Florida t o restore and maintain water quality in the EPA, while, at the same time, fulfill the States obligations under the Settlement Agr eementto achieve the long-term phosphorus concentration levels and disc harge limits established in that Agreement for the Loxahatchee National Wildlife Refuge (Refuge) and the Everglades National Park (Park). (j) Establishment of the numeric phosphorus criterion, based upon analyses conducted primarily in freshwater open water slough systems, assumed that preservation of the balance of the native flora and fauna in these open water slough systems would protect other communities of native vegetation in the EPA. Further research should be conducted in other habitat types to furth er evaluate the natural variability in those habitat types. (k) The Commission has received substantia l testimony regarding mercury and its impact on the EPA. The Commission encourages all interested parties to continue research efforts on th e effects of mercury. (l) The Commission finds that this rule must incorporate a flexible approach towards the application of the numeric phosphorus criterion for phosphorus in order to guide the implementation of phosphorus reductions in the Ev erglades Protection Area. Chapt er 403, F.S., the Everglades Forever Act and U.S. Environmental Protection Agency regulations set forth at 40 CFR Part 131 include general policies that authorize such flexibility under appropriate circumstances, in cluding those described in paragraphs (c) t hrough (h) and (k) above. The Commission has exercised this authority by including in this rule both a numeric interpretation of the phosphorus criterion and the various other standard setting provisions of this rule, including the permitting and moderating provisions. (3) Definitions. (a) “Best Available Phosphorus Reduction Technology” (BAPRT) shall be as defined by Section 373.4592(2)(a), F.S. BMPs shall maintain and, where practicable, improve upon the performa nce of urban and agricultural sour ce controls in reducing overa ll phosphorus levels. Agricultural BMPs within the Everglades Ag ricultural Area and the C-139 Basi n shall be in accordance with Chapters 40E-61 and 40E-63, F.A.C. STA phosphorus reductions shall be improved through implementation of optimization measures as defined by Section 373.4592(2)(l), F.S. BAPRT may include measures intended to reduce phosphorus levels in discharges from a single basin or sub-basin, or a program designed to address discharges from multiple basins. (b) “Long-Term Plan” shall be as defined by Section 373.4592(2)(j), F.S. (c) The “Everglades Prot ection Area” or “EPA” shall mean Water Conservatio n Areas 1 (Refuge), 2A, 2B, 3A and 3B, and the Everglades National Park. (d) “Impacted Areas” shall mean areas of the EPA where total phosphorus concentrati ons in the upper 10 centimeters of the soils are greater than 500 mg/kg. (e) “District” shall mean the South Florida Water Management District. (f) “Optimization” shall be as defined by Section 373.4592(2)(l), F.S. (g) “Settlement Agreement” shall mean the Settlement Agreemen t entered in Case No. 88-1886-Civ-Hoeveler, United States District Court for the Southern District of Florida, as modified by the Omnibus Order entered in the case on April 27, 2001. (h) “Technology-based Effluent Limitation” or “TBEL” shall be as defined in Section 373.4592(2)(p), F.S. (i) “Unimpacted Areas” shall mean those areas which are not “Impacted Areas”. (4) Phosphorus Criterion. (a) The numeric phosphorus criterion for Class III waters in the EPA shall be a long-term geometri c mean of 10 ppb, but shall not be lower than the natural conditions of the EPA, and shall take into account spatial and temporal variability. Achievement of the criterion shall be determined by the methods in this subsection. Exceedences of the provisions of this subsection shall not be considered deviations from the criterion if they are attributable to the full range of natural spatial and temporal variability , statistical variability inherent in sampling and testing proced ures or higher natural background conditions. (b) Water Bodies. Achievement of the phosphorus criterion for waters in the EPA shall be determined separately in impacted and unimpacted areas in each of the following water bodies: Water Conservation Areas 1, 2 and 3, and the Everglades National Pa rk. (c) Achievement of Criterion in Everglades National Park. Achiev ement of the phosphorus criterion in the Park shall be based on the methods as set forth in Appendix A of the Settlement Agreement unless the Settlement Agreement is rescinded or terminate d. If the Settlement Agreement is no longer in force, achievement of the criterion shall be determined based on the method provide d for the remaining EPA. For the Park, the Department shall review data from inflows into the Park at locations established pursuant to Appendix A of the Settlement Agreement and shall determine that compliance is achieved if the Department concludes that phosphorus concentration limits for inflows into the Park do no t result in a violation of the limits established in Appendix A. (d) Achievement of the Criterion in WCA-1, WCA-2 and WCA-3. 1. Achievement of the criterion in unimpact ed areas in each WCA shall be determined based upon data from stations that areevenly distributed and located in freshwater open water sloughs si milar to the areas from which data were obtained to derive th e phosphorus criterion. Achievement of the criterion shall be determined based on data collected monthly from the network of monitoring stations in the unimpacted area. The water body will have achieved the criterion if the five year geometric mean averaged across all stations is less than or equal to 10 ppb. In order to provide protection against imbalances of aquatic flor a or fauna, the following provisions must also be met: a. The annual geometric mean averaged across all stations is less than or equal to 10 ppb for three of five years; b. The annual geometric mean averaged across all stations is less than or equal to 11 ppb; and c. The annual geometric mean at all indivi dual stations is less than or equal to 15 ppb. Individual station analyses are representative of only that station. 2. Achievement of the criterion shall be determined based on data collected monthly from the network of monitoring stations in the impacted area. Impacted Areas of the water body will have ac hieved the criterion if the five year geometric mean averaged across all stations is less than or equal to 10 ppb. In order to provide protection against imbalances of aquatic flora or faun a, the following provisions must also be met: a. The annual geometric mean averaged across all stations is less than or equal to 10 ppb for three of five years; b. The annual geometric mean averaged across all stations is less than or equal to 11 ppb; and c. The annual geometric mean at all indivi dual stations is less than or equal to 15 ppb. Individual station analyses are representative of only that station. If these limits are not met, no action shall be required, provided that the net improvement or hydropattern restoration provisi ons of subsection (6) below are met. Notwithstanding the definition of Impacted Area in subsection (3), individual stations in the net work shall be deemed to be unimpacted for purposes of this rule if the five-year geometric mean is less than or equal to 10 ppb and the annual geometric mean is le ss than or equal to 15 ppb. (e) Adjustment of Achievement Methods. The Department shall complete a technical review of the achievement methods set forth in this subsection at a minimum of five year intervals and will report to the ERC on changes as needed. Data will be coll ected as necessary at stations that are evenly distributed and representative of major natural habitat types to further define the na tural spatial and temporal variability and natural background of phospho rus concentrations in the EPA. As a part of the review, the Department may propose amendments to the achievement method provisions of this rule to include: 1. A hydrologic variability algorithm in a manner similar to the Settlement Agreement; and 2. Implementing adjustment factors that take into account wa ter body specific variability, including the effect of habitat type s. The hydrologic variability evaluation shall be based on data from at least one climatic drought cycle and data reflecting the a verage interior stage of the water body on the dates of sample collection. (f) Data Screening. Data from each monitoring station shall be evaluated prior to being used for the pu rposes of determining achievement of the criterion. Data shall be excluded from calcul ations for the purpose of determ ining achievement of the criter ion if such data: 1. Do not comply with the requirements of Chapter 62-160, F.A.C.; or 2. Are excluded through the screening protocol set forth in the Data Quality Screening Protocol ; or 3. Were collected from sites affected by extreme events such as fire, flood, drought or hurricanes, until normal conditions are restored; or 4. Were affected by localized activities caused by temporary human or natural disturbances such as airboat traffic, authorized (permitted or exempt) restoration activities, alligator holes, or bird rookeries. 5. Were sampled in years where hydrologic conditions (e.g., rain fall amount, water levels and water deliveries) were outside th e range that occurred during the period (calendar years 1978 – 2001) used to set the phosphorus criterion. (5) Long-Term Compliance Permit Requirements for Phosphorus Discharges into the EPA. (a) In addition to meeting all other applicable permitting crite ria, an applicant must provide reasonable assurance that the discharge will comply with state water quality standards as set forth in this section. (b) Discharges into the EPA shall be deemed in compliance with state water quality standards upon a demonstration that: 1. Phosphorus levels in the discharges will be at or be low the phosphorus criterion set forth in this rule; or 2. Discharges will not cause or contribute to exceedences of the phosphorus criterion in the r eceiving waters, the determinatio n of which will take into account the phosphorus in the water column that is due to reflux; or 3. Discharges will comply with moderating provisions as provided in this rule.(c) Discharges into the Park must not result in a violation of the concentration limits established for the Park in Appendix A of the Settlement Agreement as determined through the methodology set forth in subsection (4). (d) Discharge limits for permits allowing discharges into the EPA shall be based upon TBELs established through BAPRT and shall not require water quality based effluent limitations through 2016. Such TBELs shall be applied as effluent limitations as defined in subsection 62-302.200(10), F.A.C. (6) Moderating Provisions. The following moderating provisions are established for discharges into or within the EPA as a part of state water quality standards applicable to the phosphorus criterion set forth in this rule: (a) Net Improvement in Impacted Areas. 1. Until December 31, 2016, discharges into or within the EPA shall be permitted using net improvement as a moderating provision upon a demonstration by the applicant that: a. The permittee will implement, or cause to be implemented, BAPRT, as defined by Section 373.4592(2)(a), F.S., and further provided in this section, which shall include a continued re search and monitoring program designed to reduce outflow concentrations of phosphorus; and b. The discharge is into or within an impacted area. 2. BAPRT shall use an adaptive management approach based on the best available information and data to develop and implement incremental phosphorus reduction measures with the goal of achieving the phosphorus criterion. BAPRT shall also include projects and strate gies to accelerate restoration of na tural conditions w ith regard to populations of native flora or f auna. 3. For purposes of this rule, the Long-Term Plan shall cons titute BAPRT. The planning goal of the Long-Term Plan is to achieve compliance with the criterion set forth in subsection (4) of this rule. Implementation of BAPRT will result in net improvement in impacted areas of the EPA. The Initial Phase of the Long-Term Plan shall be implemented through 2016. Revisions to the Long-Term Plan shall be incorpor ated through an adaptive management appr oach including a Process Development and Engineering component to identify and implement incremental optimization measures for further phosphorus reductions. 4. The Department and the District shall propose amendments to the Long-Term Plan as science and environmental conditions warrant. The Department shall approve all amendments to the Long-Term Plan. 5. As part of the review of permit applications, the Department shall review proposed changes to the Long-Term Plan identified through the Process Development and Engineering component of the Long-Term Plan to evaluate chan ges necessary to comply with this rule, including the numeric phosphorus criterion. Those changes which the department deems necessary to comply with this rule, including the numeric phosphorus criterion, shall be included as conditions of the respective permit or permits for the s tructures associated with the par ticular basin or basins involved. Until December 31, 2016, such permits shall include technology-based effluent limitations consistent with the Long-Term Plan. (b) Hydropattern Restoration. Discharges into or within unim pacted areas of the EPA shall be permitted for hydropattern restoration purposes upon a demonstration by the applicant that: 1. The discharge will be able to achieve compliance with the requirements of sub-subp aragraph (6)(a)1.a. above; 2. The environmental benefits of establishing the discharge clearly outweigh the potential adverse impacts that may result in t he event that phosphorus levels in th e discharge exceed the criterion; and 3. The discharge complies with antidegradation requirements. (c) Existing Moderating Provisions. Nothing in this rule shall eliminate the availability of moderating provisions that may otherwise exist as a matter of law, rule or regulation. (7) Document Incorporated by Reference. The following documen t is referenced elsewhere in this section and is hereby incorporated by reference: Data Quality Screening Protocol, dated 7-15-04. (8) Contingencies. In the event any provision of this rule is challenged in any proceeding, the Commission shall immediately be notified. In the event any provision of this rule: (a) Is determined to be invalid under applicable laws; or (b) Is disapproved by the U.S. Environmental Protection Agency under the Clean Water Act, the Department shall bring the matter back before the Commission at the earliest practicable date for reconsideration.
Rulemaking Authority 373.043, 373.4592, 403.061 FS. Law Implemented 373.016, 373.026, 373.4592, 403.021(11), 403.061, 403.201 F S. History– New 7-15-04, Amended 5-25-05.62-302.700 Special Protection, Outstanding Florid a Waters, Outstanding National Resource Waters. (1) It shall be the Department policy to afford the highest protection to Outstanding Florida Waters and Outstanding National Resource Waters. No degradation of water quality, other than that allowed in subsections 62-4.242(2) and (3), F.A.C., is to be permitted in Outstanding Florida Waters and Outstanding Natio nal Resource Waters, respectively, notwithstanding any other Department rules that allow water quality lowering. (2) A complete listing of Outstanding Florida Waters and Outsta nding National Resource Waters is provided in subsections (9) and (10). Outstanding Florida Waters gene rally include the following surface waters (unless named as Outstanding National Resource Waters): (a) Waters in National Parks, Preserves, Memo rials, Wildlife Refuges and Wilderness Areas; (b) Waters in the State Park System and Wilderness Areas; (c) Waters within areas acquired through donation, trade, or purchased under the Environmentally Endangered Lands Bond Program, Conservation and Recreation Lands Program, Land Acqu isition Trust Fund Program, and Save Our Coast Program; (d) Rivers designated under the Florida Scenic and Wild Rivers Program, federal Wild and Scenic Rivers Act of 1968 as amended, and Myakka River Wild and Scenic Designation and Preservation Act; (e) Waters within National Seashores, National Marine Sanctuar ies, National Estuarine Research Reserves, and certain National Monuments; (f) Waters in Aquatic Preserves created und er the provisions of Chapter 258, F.S.; (g) Waters within the Big Cypress National Preserve; (h) Special Waters as listed in para graph 62-302.700(9)(i), F.A.C.; and (i) Certain Waters within the Boundaries of the National Forests. (3) Each water body demonstrated to be of exceptional recreational or ecological si gnificance may be designated as a Special Water. (4) The following procedure shall be used in designating an Outstanding National Resource Water as well as any Special Water: (a) Rulemaking procedures pursuant to Chapter 120, F.S., shall be followed; (b) At least one fact-finding workshop shall be held in the affected area; (c) All local county or municipal governments and state legislators whose districts or jurisdictions include all or part of the water shall be notified at least 60 days prior to the workshop in writing by the Secretary; (d) A prominent public notice shall be placed in a newspaper of general circulation in the area of the proposed water at least 60 days prior to the workshop; and (e) An economic impact analysis, consistent with Chapter 120, F.S., shall be prepared which provides a general analysis of the impact on growth and development including such factors as impacts on planned or potential industrial, agricultural, or other development or expansion. (5) The Commission may designate a water of the State as a Sp ecial Water after making a find ing that the waters are of exceptional recreational or ecological signif icance and a finding that the environmental, social, and economic benefits of the designation outweigh the environmental, social, and economic costs. (6) The Commission may designate a water as an Outstanding National Resource Water after making all of the following findings: (a) That the waters are of such exceptional recreational or ecological significance that water quality should and can be maintained and protected under all circumstances other than temporary degradation and the lowering allowed by Section 316 of th e Federal Clean Water Act; and (b) That the level of protection afforded by the designation as Outstanding National Resource Waters is clearly necessary to preserve the exceptional ecological or recr eational significance of the waters; and (c) That the environmental, social, and economic benefits of the designation outweigh the envi ronmental, social, and economic
costs. (7) The policy of this section shall be implemented through the permitting process pursuant to Rule 62-4.242, F.A.C. (8) For each Outstanding Florida Water listed under subsection 62-302.700(9), F.A.C., the last day of the baseline year for defining the existing ambient water quality (paragraph 62-4.242(2) (c), F.A.C.) is March 1, 1979, unless otherwise indicated. Wh ere applicable, Outstanding Florida Water boundary expansions are indicated by date(s) following “as mod.” under subsection 62-302.700(9), F.A.C. For each Outstanding Florida Water boundary which expanded subsequent to the original date of designation, t he baseline year for the entire Outstanding Florida Water, including the expansion, remains March 1, 1979, unless otherwise indica ted. (9) Outstanding Florida Waters: (a) Waters within National Parks and National Memorials. National Park or National Memorial County 1. Biscayne National Dade Park (as mod. 5-14-86, 8-8-94) 2. Dry Tortugas Monroe National Park (10-4-90) 3. Everglades National Monroe/Dade/ Park (as mod. 8-8-94) Collier 4. Fort Caroline Duval National Memorial (8-8-94) (b) Waters within National Wildlife Refuges. Wildlife Refuge County 1. Archie Carr (8-8-94) Indian River/Brevard 2. Caloosahatchee Lee 3. Cedar Keys (as mod. Levy 5-14-86, 4-19-88) 4. Chassahowitzka (as Citrus/Hernando mod. 5-14-86, 4-19-88) 5. Chinsegut Hernando 6. Crocodile Lake Monroe (12-1-82; as mod. 5-14-86, 4-19-88, 8-8-94) 7. Crystal River Citrus (5-14-86; as mod. 10-4-90) 8. Egmont Key Hillsborough 9. Florida Panther Collier (10-4-90; as mod. 8-8-94) 10. Great White Heron Monroe (as mod. 5-14-86, 4-19-88) 11. Hobe Sound (as Martin mod. 5-14-86, 4-19-88, 8-8-94) 12. Island Bay Charlotte 13. J. N. “Ding” Darling Lee (as mod. 5-14-86, 4-19-88, 8-8-94) 14. Key West Monroe 15. Lake Woodruff (as Volusia/Lake mod. 8-8-94)16. Lower Suwannee Dixie/Levy (12-1-82; as mod. 8-8-94) 17. Loxahatchee Palm Beach 18. Matlacha Pass (as Lee mod. 8-8-94) 19. Merritt Island Volusia/Brevard 20. National Key Deer Monroe (as mod. 5-14-86, 4-19-88, 10-4-90, 8-8-94) 21. Okefenokee (Florida Baker Portion) 22. Passage Key Manatee 23. Pelican Island (as Indian River mod. 8-8-94) 24. Pine Island (as mod. Lee 8-8-94) 25. Pinellas Pinellas 26. St. Johns (including Brevard Bee Line Unit) (as mod. 5-14-86, 4-19-88) 27. St. Marks (as mod. Jefferson/Wakulla/ 10-4-90, 8-8-94) Taylor 28. St. Vincent Franklin/Gulf (including Pig Island Unit) (c) Waters within State Parks, State Wi ldlife Parks, and State Recreation Areas. State Park or State Recreation Area County 1. Amelia Island State Nassau Recreation Area (5-14-86) 2. Anastasia State St. Johns Recreation Area (as mod. 4-19-88) 3. Avalon State St. Lucie Recreation Area (4-19-88; as mod. 8-8-94) 4. Bahia Honda State Monroe Park (as mod. 5-14-86) 5. Bear Creek State Gadsden Recreation Area (12-1-82) 6. Big Lagoon State Escambia Recreation Area (12-1-82; as mod. 5-14-86, 8-8-94)7. Big Talbot Island Duval State Park (5-14-86; as mod. 4-19-88, 8-8-94) 8. Bill Baggs Cape Dade Florida State Recreation Area 9. Blackwater River Santa Rosa State Park 10. Blue Springs State Volusia Park 11. Bulow Creek State Flagler/Volusia Park (5-14-86; as mod. 4-19-88) 12. Caladesi Island State Pinellas Park 13. Cayo Costa State Lee Park (12-1-82; as mod. 5-14-86, 4-19-88, 10-4-90, 8-8-94) 14. Collier-Seminole Collier State Park 15. Dead Lakes State Gulf Recreation Area 16. De Leon Springs Volusia State Recreation Area (5-14-86; as mod. 10-4-90) 17. Delnor-Wiggins Collier Pass State Recreation Area (12-1-82) 18. Don Pedro Island Charlotte State Recreation Area (5-14-86; as mod. 4-19-88) 19. Dr. Julian G. Bruce Franklin St. George Island State Park (12-1-82) 20. Edward Ball Wakulla Wakulla Springs State Park (4-19-88) 21. Falling Waters State Washington Recreation Area 22. Faver-Dykes State St. Johns Park 23. Florida Caverns Jackson State Park (as mod. 8-8-94) 24. Fort Clinch State Nassau Park (as mod. 4-19-88,8-8-94) 25. Fort Cooper State Citrus Park (12-1-82) 26. Fort Pierce Inlet St. Lucie State Recreation Area (12-1-82; as mod. 5-14-86) 27. Fred Gannon Rocky Okaloosa Bayou State Recreation Area 28. Gamble Rogers Flagler Memorial State Recreation Area at Flagler Beach 29. Gasparilla Island Lee State Recreation Area (5-14-86; as mod. 4-19-88, 10-4-90) 30. Grayton Beach State Walton Recreation Area (as mod. 4-19-88) 31. Guana River State St. Johns Park (5-14-86; as mod. 4-19-88) 32. Henderson Beach Okaloosa State Recreation Area (5-14-86) 33. Highlands Highlands/Hardee Hammock State Park (as mod. 8-8-94) 34. Hillsborough River Hillsborough State Park 35. Homosassa Springs Citrus State Wildlife Park (10-4-90) 36. Honeymoon Island Pinellas State Recreation Area (12-1-82; as mod. 5-14-86) 37. Hontoon Island State Volusia/Lake Park 38. Hugh Taylor Birch Broward State Recreation Area 39. Ichetucknee Springs Columbia/ State Park Suwannee 40. John D. McArthur Palm Beach Beach State Park (12-1-82) 41. John Pennekamp MonroeCoral Reef State Park (as mod. 5-14-86, 4-19-88) 42. John U. Lloyd Broward Beach State Recreation Area 43. Jonathan Dickinson Martin State Park 44. Lake Arbuckle State Polk Park (5-14-86) 45. Lake Griffin State Lake Recreation Area 46. Lake Kissimmee Polk State Park 47. Lake Louisa State Lake Park (12-1-82) 48. Lake Manatee State Manatee Recreation Area (12-1-82) 49. Lake Rousseau State Citrus/Levy/Marion Recreation Area (12-1-82) 50. Lake Talquin State Leon Recreation Area (12-1-82; as mod. 5-14-86) 51. Little Manatee River Hillsborough State Recreation Area (12-1-82) 52. Little Talbot Island Duval State Park 53. Long Key State Monroe Recreation Area 54. Lovers Key State Lee Recreation Area (5-14-86) 55. Manatee Springs Levy State Park (as mod. 10-4-90) 56. Mike Roess Gold Clay Head Branch State Park (as mod. 5-14-86, 4-19-88, 8-8-94) 57. Myakka River State Manatee/Sarasota Park 58. North Peninsula Volusia State Recreation Area (5-14-86; as mod. 4-19-88, 10-4-90)59. Ochlockonee River Wakulla State Park 60. O'Leno State Park Alachua/Columbia (as mod. 5-14-86) 61. Oleta River State Dade Recreation Area (12-1-82) 62. Oscar Scherer State Sarasota Park (as mod. 8-8-94) 63. Peacock Springs Suwannee State Recreation Area (4-19-88) 64. Perdido Key State Escambia Recreation Area (12-1-82) 65. Ponce de Leon Holmes/Walton Springs State Recreation Area 66. Port Charlotte Beach Charlotte State Recreation Area (12-1-82) 67. Rose Sink (addition to Ichetucknee Columbia Springs State Park) ([eff. date]) 68. St. Andrews State Bay Recreation Area (as mod. 5-14-86, 4-19-88) 69. Sebastian Inlet State Indian River/Brevard Recreation Area 70. Silver River State Marion Park (4-19-88; as mod. 10-4-90, 8-8-94) 71. Suwannee River Hamilton/Madison/ State Park (as mod. Suwannee 10-4-90) 72. Three Rivers State Jackson Recreation Area 73. T. H. Stone Gulf Memorial St. Joseph Peninsula State Park 74. Tomoka State Park Volusia 75. Torreya State Park Liberty 76. Wekiwa Springs Orange/Seminole State Park (as mod. 4-19-88) (d) Waters within State Ornamental Gard ens, State Botanical Sites, State Histor ic Sites, and State Geological Sites. State Ornamental Gardens, State Botanical Site, StateHistoric Site, or State Geological Site County 1. Alfred B. Maclay Leon State Gardens 2. Devils Millhopper Alachua State Geological Site (10-4-90) 3. Eden State Gardens Walton 4. Fort Zachary Taylor Monroe State Historic Site (10-4-90) 5. Indian Key State Monroe Historic Site (10-4-90) 6. Key Largo Hammock Monroe State Botanical Site (5-14-86) 7. Koreshan State Lee Historic Site (10-4-90) 8. Lignumvitae Key Monroe State Botanical Site (5-14-86) 9. Marjorie Kinnan Alachua Rawlings State Historic Site (10-4-90) 10. Natural Bridge Leon Battlefield State Historic Site (10-4-90) 11. Paynes Creek State Hardee Historic Site (10-4-90) 12. Ravine State Gardens Putnam 13. San Marcos de Wakulla Apalachee State Historic Site (10-4-90) 14. Washington Oaks Flagler State Gardens (as mod. 5-14-86) 15. Windley Key Fossil Monroe Reef State Geological Site (10-4-90) (e) Waters within State Preserves, State Underwat er Archaeological Preser ves, and State Reserves. State Preserve or State Reserve County 1. Anclote Key State Pasco/Pinellas Preserve (12-1-82) 2. Cape St. George State Franklin Reserve (12-1-82) 3. Cedar Key Scrub Levy State Reserve (12-1-82; as mod. 4-19-88)4. Charlotte Harbor Charlotte State Reserve (as mod. 4-19-88) 5. Crystal River State Citrus Reserve (5-14-86; as mod. 4-19-88) 6. Fakahatchee Strand Collier State Preserve (12-1-82; as mod. 5-14-86, 4-19-88, 10-4-90, 8-8-94) 7. Haw Creek State Flagler/Putnam/ Preserve (12-1-82) Volusia 8. Lower Wekiva River Lake/Seminole State Reserve (12-1-82) 9. Nassau Valley State Duval/Nassau Reserve (12-1-82) 10. Paynes Prairie State Alachua Preserve (as mod. 10-4-90, 8-8-94) 11. Prairie-Lakes State Osceola Preserve 12. River Rise State Alachua/Columbia Preserve (12-1-82; as mod. 8-8-94) 13. Rock Springs Run Orange State Reserve (5-14-86; as mod. 4-19-88) 14. San Felasco Alachua Hammock State Preserve (12-1-82; as mod. 5-14-86, 4-19-88) 15. San Pedro State Monroe Underwater Archaeological Preserve (10-4-90) 16. Savannas State Martin/St. Lucie Reserve (12-1-82; as mod. 5-14-86, 10-4-90, 8-8-94) 17. St. Lucie Inlet State Martin Preserve (12-1-82) 18. Waccasassa Bay Levy State Preserve (12-1-82; as mod. 4-19-88) 19. Weedon Island State Pinellas Preserve (12-1-82) 20. William Beardell Orange Tosohatchee StateReserve (12-1-82) (f) Waters within Areas Acquired through Donation, Trade, or Purchased Under the Environmentally Endangered Lands Bond Program, Conservation and Recreation Lands Program, Land Acqu isition Trust Fund Program, and Save Our Coast Program. Program Area County 1. Andrews Tract Levy (5-14-86; as mod. 4-19-88, 8-8-94) 2. Apalachicola Bay Franklin (8-8-94) 3. Barefoot Beach Collier (12-1-82) 4. Beker Tracts (10-4-90) Manatee 5. Big Bend Coastal Dixie/Taylor Tract (4-19-88; as mod. 10-4-90) 6. Big Shoals (4-19-88) Hamilton 7. B.M.K. Ranch Lake/Orange (8-8-94) 8. Bower Tract Hillsborough (5-14-86; as mod. 4-19-88) 9. Caravelle Ranch Putnam (8-8-94) 10. Carlton Half-Moon Ranch (8-8-94) Sumter 11. Catfish Creek Polk (8-8-94) 12. Chassahowitzka Hernando/Citrus Swamp (5-14-86; as mod. 4-19-88, 8-8-94) 13. Coupon Bight Monroe (10-4-90; as mod. 8-8-94) 14. Crystal River Citrus (10-4-90) 15. Curry Hammock Monroe (8-8-94) 16. Deering Dade Hammock/Estate (5-14-86; as mod. 4-19-88, 8-8-94) 17. East Everglades Dade (5-14-86) 18. Econfina River Taylor (8-8-94) 19. Emerson Point Manatee (8-8-94) 20. Escambia Bay Bluffs Escambia (5-14-86)21. Estero Bay (8-8-94) Lee 22. Florida First Levy Magnitude Springs (8-8-94) 23. Ft. George Island Duval (10-4-90) 24. Ft. Mose (8-8-94) St. Johns 25. Ft. San Luis Leon (5-14-86; as mod. 8-8-94) 26. Gateway (5-14-86) Pinellas 27. Gills Tract (8-8-94) Pasco 28. Green Turtle Beach St. Lucie (4-19-88) 29. Guana River St. Johns (5-14-86; as mod. 4-19-88) 30. Homosassa Citrus Reserve/Walker Tract (8-8-94) 31. Indian River North Indian River Beach (5-14-86) 32. ITT/Hammock Dade (5-14-86) 33. Josslyn Island Lee (10-4-90) 34. Levy County Levy Forest/Sandhills (8-8-94) 35. Letchworth Mounds Jefferson (8-8-94) 36. Lower Seminole Econlockhatchee (8-8-94) 37. Martin County Martin Tracts (5-14-86) 38. Mashes Sands Wakulla (5-14-86) 39. Miami Rockridge Dade Pinelands (8-8-94) 40. Milton to Whiting Santa Rosa Field (8-8-94) 41. North Beach Broward (5-14-86) 42. North Key Largo Monroe Hammock (5-14-86; as mod. 4-19-88, 10-4-90, 8-8-94) 43. Placid Lakes (8-8-94) Highlands 44. Point Washington Walton(8-8-94) 45. Port Bougainville Monroe (10-4-90) 46. Rainbow Marion River/Springs (8-8-94) 47. Rookery Bay Collier (10-4-90; as mod. 8-8-94) 48. Rotenberger (as Palm Beach mod. 4-19-88, 8-8-94) 49. Saddle Blanket Polk Lakes Scrub (8-8-94) 50. Save Our Everglades Collier (10-4-90; as mod. 8-8-94) 51. Sea Branch (8-8-94) Martin 52. Seminole Lake Springs/Woods (8-8-94) 53. Snake Warrior Broward Island (Oaks of Miramar) (8-8-94) 54. Spring Hammock Seminole (4-19-88; as mod. 10-4-90) 55. Spruce Creek Volusia (4-19-88; as mod. 8-8-94) 56. St. Martins River Citrus (8-8-94) 57. Stark Tract (10-4-90) Volusia 58. Stoney-Lane Citrus (10-4-90) 59. Surfside Additions St. Lucie (5-14-86) 60. Three Lakes/Prairie Osceola Lakes (as mod. 8-8-94) 61. Topsail Hill (8-8-94) Walton 62. Upper Black Creek Clay (8-8-94) 63. Volusia Water Volusia Recharge Area 64. Wacissa/Aucilla Jefferson/Taylor Rivers (10-4-90) 65. Wekiva River Seminole Buffers (8-8-94) 66. Westlake (5-14-86; Broward as mod. 4-19-88) 67. Wetstone/Berkovitz Pasco (8-8-94)68. Withlacoochee Sumter Tracts (12-1-82) (g) Waters within National Seashores. National Seashores County 1. Canaveral Brevard/Volusia 2. Gulf Islands Escambia/Santa Rosa (h) Waters within State Aquatic Preserves. Aquatic Preserves County 1. Alligator Harbor Franklin 2. Apalachicola Bay Franklin 3. Banana River (as mod. 8-8-94) Brevard 4. Big Bend Seagrasses Wakulla/Taylor/ Jefferson/Dixie/ Levy except for the following areas: a. Keaton Beach, Taylor County – Begin at 29o 49' 50'' N. Lat., 83o 35' 24'' W. Long.; then west to 29o 49' 45'', 83o 35' 50''; then south to 29o 49' 04'', 83o 35' 48"; then east to 29o 49' 04'', 83o 35' 24''; then north to the point of beginning. b. Steinhatchee, Taylor County – Begin at 29o 40' 35'', 83o 22' 10''; then west to 29o 40' 35'', 83o 23' 10''; then north to 29 o 41', 83o 23' 10"; then west to 29o 41', 83o 24' 10''; then south to the Taylor County-Dixie County boundary; then eastward along the boundary to 29o 39' 55'', 83o 22' 10''; then north to the point of beginning. c. Suwannee, Dixie County – Begin at 29o 20' 30'', 83o 08' 10"; then west to 29o 20' 30'', 83o 08' 25''; then south to 29o 20'0 5'', 83o 08' 25''; then southwesterly along SR 349 to 29o 19' 51'', 83o 08' 35''; then west to 29o 19' 51'', 83o 08' 45''; then sout hwesterly to 29o 19' 40'', 83o 09' 12''; then south to 29o 19' 30", 83o 09' 12"; then northeasterly to 29o 19' 39", 83o 08' 53"; then southe asterly to 29o 19' 25", 83o 08' 41"; then southwesterly to 29o 19' 20", 83o 08' 49"; then southeasterly to 29o 19' 14", 83o 08' 41"; then nort heasterly along the bank of the Suwannee River to and along the bank of Demory Creek to 29o 19' 45", 83o 08' 10"; then north to the point of beginning. d. Cedar Key unincorporated airport area, Levy County – Begin at 29o 08' 26", 83o 03' 17"; then south to 29o 07' 34", 83o 03' 17", then northeasterly to 29o 07' 48", 83o 02' 33"; beginning northerly and tracing the corporate limit of Cedar Key to the po int of beginning. e. Cedar Key unincorporated causeway area, Levy County – That portion of Section 20 lying within 1000 feet of the centerline of SR 24 and lying north of a line 500 feet northeast of and parallel to the northern corporate limit of Cedar Key. f. Cedar Key channel, Levy County – Begin at 29o 08' 58", 83o 01' 17"; then west to 29o 08' 58", 83o 01' 24"; then south to 29o 08' 05", 83o 01' 26"; then northeasterly to 29o 08' 08", 83o 01' 17"; then northerly to the point of beginning. g. Keaton Beach navigation channel, Taylor County – Begin at 29o 49' 02", 83o 35' 30"; then west to 29o 49' 02", 83o 37' 58"; then south to 29o 48' 45", 83o 37' 58"; then east to 29o 48' 45", 83o 35' 30"; then north to the point of beginning. h. Keaton Beach local channels, Taylor County – Begin at 29o 49' 01", 83o 35' 38"; then southeast to 29o 48' 55", 83o 35' 15"; then northeast to 29o 48' 59", 83o 35' 13"; then northwest to 29o 49' 06", 83o 35' 36"; then southwest to the point of beginnin g. (10- 29-86) 5. Biscayne Bay (Cape Dade/Monroe Florida) 6. Biscayne Bay (Card Dade/Monroe Sound) (12-1-82) 7. Boca Ciega Bay Pinellas 8. Cape Haze Charlotte/Lee 9. Cape Romano-Ten Collier Thousand Islands 10. Cockroach Bay Hillsborough 11. Coupon Bight Monroe12. Estero Bay (as mod. Lee 4-19-88) 13. Fort Clinch State Park Nassau 14. Fort Pickens State Santa Rosa/Escambia Park 15. Gasparilla Charlotte/Lee Sound-Charlotte Harbor (as mod. 10-4-90) 16. Guana River Marsh St. Johns (8-8-94) 17. Indian River Brevard/Indian River Malabar to Vero Beach 18. Indian River Brevard/Indian River Malabar to Vero Beach (additions), except those Indian River portions of Sebastian Creek and Turkey Creek upstream of U.S. Highway 1 (1-26-88) 19. Indian River Vero Indian River/St. Lucie Beach to Ft. Pierce (as mod. 10-4-90) 20. Jensen Beach to Mar tin/Palm Beach/S t. Lucie Jupiter Inlet (as mod. 10-4-90) 21. Lake Jackson Leon 22. Lemon Bay Charlotte/Sarasota (4-19-88; as mod. 10-4-90) 23. Lignumvitae Key Monroe 24. Loxahatchee Martin/Palm Beach River-Lake Worth Creek (as mod. 8-8-94) 25. Matlacha Pass Lee 26. Mosquito Lagoon Volusia/Brevard 27. Nassau River-St. Nassau/Duval Johns River Marshes 28. North Fork, St. Lu cie St. Lucie/Martin 29. Oklawaha River Marion (10-4-90) 30. Pellicer Creek St. Johns/Flagler 31. Pine Island Sound Lee 32. Pinellas County Pinellas 33. Rainbow Springs Marion (4-19-88) 34. Rocky Bayou State Okaloosa Park 35. Rookery Bay Collier(12-1-82; as mod. 11-24-87, 7-11-91) 36. St. Andrews State Bay Park 37. St. Joseph Bay Gulf 38. St. Martins Marsh Citrus (as mod. 8-8-94) 39. Terra Ceia (5-22-86) Manatee 40. Tomoka Marsh Volusia/Flagler 41. Wekiva River Lake/Orange/ (12-1-82) Seminole 42. Wekiva River Lake/Seminole/ Addition, except that Volusia portion of the St. Johns River between Interstate Highway 4 and the Wekiva River confluence (12-28-88) 43. Yellow River Marsh Santa Rosa (i) Special Waters. 1. Apalachicola River except for the following areas: a. From a point 50 feet north of the northern boundary of the Jackson County Port Authority Slip, and including the slip itself
, downstream to a point about four-tenths of a mile downstream, and specifically identified by navigation mile 103 on the 1982 U. S. Geological Survey Quadrangle Map of Sneads, Florida; and b. From 850 feet downstream of the U.S. Army Corps of Engineers Blountstown Navigation Gage in Calhoun County, north to a point approximately 2,700 feet upstream of the Gage, and specifically identified by the line passing through 30o25'45" N. Lat . and 85o1'35"W. Long.; and 30o25'38"N. Lat. and 85o1'20" W. Long. (12-11-84). 2. Aucilla River. 3. Blackwater River. 4. Butler Chain of Lakes – consisting of Lake Butler, Lake Do wn, Wauseon Bay, Lake Louise, Lake Palmer (also known as Lake Isleworth), Lake Chase, Lake Tibet, Lake Sheen, Pocket Lake, Fish Lake, and the waterway s which connect these lakes (3-1- 84), and Lake Blanche and its connecting waterway (2-18-87). 5. Chassahowitzka River System including: Potter, Salt, Baird, Johnson, Crawford, Ryle, and Stevenson Creeks, and other tributaries to the Chassahowitzka River; but excluding artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including can als as defined in subsection 62-312.020(3), F.A.C. (1-5-93). 6. Chipola River. 7. Choctawhatchee River. 8. Clermont Chain of Lakes – consisting of Lake Louisa (als o known as Lake Louise), Lake Susan, Lake Crescent, Lake Minnehaha, Lake Winona, Lake Palatlakaha, Lake Hiawatha, Lake Minneola, Lake Wilson, Lake Co ok, Cherry Lake, Lake Hunt, Lake Stewart, Lake Lucy, Lake Emma, and the waterways that interconnect Clermont Chain of Lakes (5-28-86). 9. Crooked Lake in Polk County including the area known as Little Crooked Lake and the connecting waterway between these waterbodies; less however, artificial water bodies, defined as any waterbody created by dredging, or excavation, or by the filli ng in of its boundaries, including canals as defined in subsection 62-312.020(3), F.A.C. (4-9-87). 10. Crystal River, including Kings Bay (2-1-83). 11. Econlockhatchee River System – consisting of the Econlockhatchee River and the following tributaries: a. Little Econlockhatchee River upstream to Michaels Dam in Jay Blanchard Park; and b. Mills Creek upstream to Mills Lake; and c. Southerly branch of Mills Creek upstream to Fort Christma s Road in Section 2, Township 22 South, Range 32 East; and d. Silcox Branch (branch of Mills Creek) upstream to Lake Pickett; ande. Long Branch upstream to the easte rn section line of Section 34, Township 22 South, Range 32 East; and f. Hart Branch upstream to the Old Railroad Grade in Section 18, Township 23 South, Range 32 East; and g. Cowpen Branch upstream to the southernmost bifurcation of the creek in Section 20, Township 23 South, Range 32 East; and h. Green Branch upstream to the western section line of Section 29, Township 23 South, Range 32 East; and i. Turkey Creek upstream to W eewahootee Road in Section 5, Township 24 South, Range 32 East, and to the west section lines of Section 5, Township 24 South, Range 32 East, an d Section 32, Township 23 South, Range 32 East; and j. Little Creek upstream to the eastern section line of Section 22, Township 24 South, Range 32 East; and k. Fourmile Creek upstream to the southern line of the NE 1{2} of Section 28, Township 24 South, Range 32 East; and l. Econlockhatchee River Swamp upstream to State Road 532; m. But excluding all other tributaries and artificial water bodies , defined as any water body created by dredging, or excavatio n, or by the filling in of its boundaries, including canals as defined in subsection 62-312.020(3), F.A.C. (6-18-92). 12. Estero Bay Tributaries including: Hendry Creek to State Road 865, Bi g Bayou, Mullock Creek to U.S. 41 (State Road 45); Mud Creek; Estero River (north and south branches) to I-75 Half way Creek to State Road 41; Sp ring Creek to Business Route 41 (State Road 887, old State Road 41), and the unnamed south branch of Spring Creek in Sections 20 and 29; Imperial River to the eastern line of Section 31, Range 26 East, Township 47 South, Oak Creek, and Leitner Creek; except for Tenmile Canal and any artificial water bodies, defined as any water body created by dred ging, or excavation, or by the filling in of its boundaries, including canals as defined in subsection 62-312.020(3), F.A.C. (10-4-90). 13. Florida Keys, including channels as defined in subsection 62-312.020(4), F.A.C., and described as follows: Commence at the northeasterly most point of Palo Alto Key and run due north to a point at the center of the channel of Broad Creek as the p oint of beginning, thence due east to the eastern boundary of the jurisdictional waters of the State of Florida, thence meander souther ly along said eastern boundary to a point due south of the westernmost point of the island of Key West; thence westerly, northerly and easterly along the arc of a curve three leagues distant from the westernmost point of the island of Key West to a point due nor th of the island of Key West; thence northeasterly three leagues distan t from the most northerly land of the Florida Keys to the intersection with the boundary of the Everglades National Park; thence southeasterly, northeaste rly and northwesterly along the boundary of the Everglades National Park to the intersection with the Dade County-Monroe County line; thence northeasterly and easterly along the Dade County-Monroe County line to the point of beginning; less however, three areas: a. Key West Sewage Outfall, being a circle 150 feet in radius from the point of discharge located at approximately 24o 32' 13" N. Latitude and 81o 48' 55" W. Longitude; and b. Stock Island Power Plant Mixing Zone; being a circle 150 feet in radius from the end of the power plant discharge canal; and c. Artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in subsection 62-312.020(3), F.A.C. (5-8-85). 14. Hillsborough River from Fletcher Avenue (State Road 582A) in Hillsborough County upstream to the Withlacoochee River Overflow in Pasco County, and the following tributaries: a. Crystal Springs; and b. Blackwater Creek westward of the Hillsborough – Polk County line; and c. Cypress Creek, Thirteenmile Run eastward of Livingston Avenue, and Big Cypress Swamp upstream to and including the Cypress Creek Wellfield, as delineated in the maps entitled “C ypress Creek OFW Boundary Maps,” incorporated herein by reference; and d. Trout Creek upstream to Bruce B. Downs Boulevard (State Road 581); e. But excluding all other tributaries as well as the proposed transportation corridor, which cr osses Cypress Creek in Section 21, Township 27 South, Range 19 East, as identified in the Adopted 2010 Long Range Transportation Plan of the Metropolitan Planning Organization, dated May 26, 1993. f. A copy of the maps referenced in subparagraph c. above may be obtained from the Department of Environmental Protection, Bureau of Surface Water Management, 2600 Blair Stone Road, Tallahassee, Florid a 32399-2400 (4-12-95). 15. Homosassa River System including: Halls River, Turtle, O tter, Battle, and Price Creeks, and other tributaries to the Homosassa River; but excluding artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as de fined in subsection 62-312.020(3), F.A.C. (1-5-93). 16. Kingsley Lake and Black Creek (North Fork) downstream to the northern line of Section 23, Township 5 South, Range 23 East, including all tributaries along this segment of Black Creek (11-8-90).17. Lake Disston – Specifically including Lake Disston plus contiguous wetlands within the following areas: Township 14 South, Range 29 East, Sections 21, 20, 19, 18, 17, 16, 9, 8 and 7 in Flagler County; and Township 14 South, Range 28 East, Sect ions 13 and 24 in Volu sia County except: a. Artificial water bodies defined as any water body created by dredging, or excavation, or by the filling in of its boundaries
, including canals as defined in subsection 62-312.020(3), F.A.C.; and b. Any natural water bodies connected by artificial wa ter bodies to the above-described system (4-4-01). 18. Lake Powell, Phillips Inlet, and all trib utaries to Lake Powell as bounded by the following described line: Begin at the Northwest corner of Section 26, Township 2 South, Range 18 West; thence East to the Northwest corn er of Section 29, Township 2 South, Range 17 West; thence South to the Northwest corner of the SW 1/4 of Section 29, Township 2 South, Range 17 West; thence East to the West line of Section 27, Township 2 South, Range 17 West, thence South to the mean high water line of the Gu lf of Mexico; thence meander Northwest along th e mean high water line to the West line of Section 35, Township 2 South, Range 18 West; thence North to the point of beginning (8-18-91). 19. Lemon Bay estuarine system – from Boca Grande Causeway northward to approximately two thousand feet northwest of the mouth of Alligator Creek, specifically iden tified as the East line of Section 31, Township 39 South, Range 19 East, including Placida Harbor, Gasparilla Pass, Kettle Harbor, Bocilla Lagoon, Bo cilla Pass, Knight Pass, Stump Pass, Lemon Bay, Buck Creek upstream to County Road 775, Oyster Creek upstream to County Road 775, Ainger (Rock) Creek upstream to County Road 775, and Godfrey (Godfried, Gottfried) Creek upstream to County Road 775; but excluding: a. Alligator Creek, Forked Creek, Lemon Creek, and all other tributaries; and b. Artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in subsection 62-312.020(3), F.A.C. (4-29-86). 20. Little Manatee River – from its mouth to the western crossing of the river by S.R. 674, including Hayes, Mill and Bolster Bayous, but excluding South Fork, Ruskin Inlet and all other tributaries (10-1-82). 21. Lochloosa Lake (including Little Lochloosa Lake, Lochloosa Lake Right Arm, and Lochloosa Creek upstream to County Road 20A) (12-15-87). 22. Myakka River between State Road 771 (El Jobean Bridge) and the Charlotte-Sarasota County line, except for artificial waterbodies, defined as any waterbody create d by dredging, or excavation, or by the filling in of its boundaries, including can als as defined in subsection 62-312.020(3), F.A.C. (4-19-88). 23. Ochlockonee River. 24. Oklawaha River between the eastern line of Section 36, To wnship 15 South, Range 23 East, and Eureka Lock and Dam, including Turkey Creek, Strouds Creek, Dead River (the water body so named near Gores Landing), Cedar Creek, and Fish Creek, but excluding Marshall Swamp, the Dead River (the water body so named exiting Marshall Swamp), and all other tributaries (12-20

- 89). 25. Orange Lake up to the U.S. Highway 301 bridge, the River Styx up to Camps Canal, and Cross Creek (4-9-87). 26. Perdido River. 27. Rainbow River, including Indian Creek, but excluding all other tributaries (1-17-85). 28. Santa Fe River System – consisting of the Santa Fe River, Lake Santa Fe, Little Lake Santa Fe, Santa Fe Swamp, Olustee Creek, and the Ichetucknee River below S.R. 27, but excluding all other tributaries (8-16-84). 29. Sarasota Bay estuarine system – generally extending from Venice north to the Hillsborough-Manatee County line and specifically described as follows: Commence at the northern tip of Anna Maria Island and follow a line running to the southern tip of Egmont Key until intersecting the boundary between Hillsboro ugh and Manatee Counties; thence run easterly and northeasterly along the county boundary until intersecting the Intracoastal Wa terway; thence proceed southerly until intersecting a line betw een the southern tip of Mullet Key and the western tip of Snead Island; thence proceed southeasterly along said line to the western tip of Snead Island; thence to De Soto Point; and thence westerly an d southerly including all of the Sarasota Bay estuarine system southward to the northernmost U.S. Highway Business Route 41 bridge over the Intracoastal Waterway in Venice, including Anna Maria Sound, Passage Key Inlet, Perico Bayou, Palma Sola Bay, Longboat Pass, Sarasota Bay, New Pass, Big Sarasota Pass, Roberts Bay, Little Sarasota Bay, Dryman Bay, Blackburn Bay, Lyons Bay, Venice Inlet, Dona Bay upstream to the U.S. Highway 41 bridge, and Roberts Bay upstream to the U.S. Highway 41 bridge; less however, the following areas: a. All tributaries, including Palma Sola Creek, Bowlees Creek, Whitaker Bayou, Hudson Bayou, Phillippi Creek, Catfish Creek, North Creek, South Creek, Shakett Creek, Curry Creek; andb. A circle 1500 feet in radius from the mouth of Whitaker Bayou; and c. A circle 1500 feet in radius from the mouth of Phillippi Creek; and d. Artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in subsection 62-312.020(3), F.A.C. (4-29-86). e. The designation shall not affect the consideration by the De partment of an application for Site Specific Alternative Criteri a for the discharge of the City of Bradenton’s Municipal Sewage Treatment Plant being built under Department of Environmental Protection Construction Permit No. DC41-81224. The application will be processed under the regulations of the Department existi ng on February 18, 1986. 30. St. Marks River – except that part between Rattlesnake Branch and the confluence of the St. Marks and Wakulla Rivers. 31. Shoal River. 32. Silver River (Marion County) (4-9-87). 33. Spruce Creek upstream to State Ro ad 40A, and the following tributaries: a. Unnamed tributary upstream to the Southern section lin e of Section 4, Township 17 South, Range 33 East; and b. Unnamed tributary upstream to the Northern section lin e of Section 20, Township 16 South, Range 33 East; and c. Unnamed tributary upstream to the Northern section line of S ection 23, Township 16 South, Range 32 East (right fork), and to the Western line of the NE 1/4 of Section 27, Township 16 South, Range 32 East; and d. Unnamed tributary upstream to the Western section line Section 35, Township 16 South, Range 32 East; and e. Strickland Bay; and Turnbull Bay and Tur nbull Creek upstream to the Northwestern section line of Section 43, Township 17 South, Range 33 East; and f. Murray Creek upstream to the Town of Ponce Inlet municipal limits; and g. Waters east from U.S. Highway 1 following the northerly and southerly municipal limits of the Town of Ponce Inlet to its intersection with the western boundary of the Intracoastal Waterw ay and including Rose Bay upstr eam to Nova Road (State Road 5A); h. But excluding all other tributaries (7-11-91). 34. Suwannee River. 35. Tomoka River upstream to Interstate Highway 4; and the following tributaries: a. Priest Branch upstream to the Western and Southern section lines of Section 6, Township 15 South, Range 32 East; and b. Little Tomoka River and its tributaries as bounded by the following described line: Begin at the Southwestern point of confluence between the Tomoka River and the Little Tomoka River; thence meander upstream along the Little Tomoka River to the Western section line of Section 25, Township 14 South, Range 31 East; thence South to the Southwest corner of Section 25, Township 14 South, Range 31 East; thence West to the Southwest corner of Section 28, Township 14 South, Range 31 East; thence North to the Northwest corner of Section 28, Township 14 South, Range 31 East; thence East to the West section line of Section 25, Township 14 South, Range 31 East; thence South to the Northern shore of the Little Tomoka River; thence meander easterly to the confluence with the Tomoka River; thence South to the point of beginning; and c. Groover Branch upstream to the No rthern section line of Section 24, Township 14 South, Range 31 East; and d. Misner’s Branch upstream to the Northern section line of Section 29, Township 14 South, Range 32 East; and e. Thompson Creek and Strickland Creek up stream to the Northern section line of Section 40, Township 14 South, Range 32 East; f. But excluding all other tributaries (7-11-91). 36. Wacissa River. 37. Wakulla River. 38. Weekiwachee Riverine and Spring System – consisting of the Weekiwachee Springs and River, Mud Springs and River, Jenkins Creek, Salt Spring and Creek, the Weekiwachee Swamp, and all tributaries and contiguous wetlands within the following sections: Township 23 South, Range 17 East, Sections 2-9; Township 22 South, Range 17 East, Sections 20, 21, and 27-35, togethe r with that portion of Section 19 that is southerly of CR 550 (Cortez Blvd.); Township 22 South, Range 16 East, Sections 25 and 3 6; including any and all waters, and wetlands contiguous to the trib utaries located southerly of the north line of Section 25, Tow nship 22 South, Range 16 East and westerly projection thereof and easterly of the west line of Section 36, Township 22 South, Range 1 6 East and northerly projection thereof, and easterly of a line through latitude 28o 32’ 52” North, longitude 82o 39’ 23” West, a nd through latitude 28o 31’ 47” North, longitude 82o 39’ 52” West (North American Datum of 1983). This OFW excludes artificialwaters defined as any water body created by dredging, or excavat ion, or by the filling in of its boundaries, including canals a s defined in subsection 62-312.020(3), F.A.C. (12-11-03). 39. Wekiva River System – consisting of the Wekiva River, Rock Springs Run and its tributary Sulphur Spring, the Little Wekiva River south to its confluence with the southernmost run of Sanlando Springs, Black Water Creek and Swamp (up to Lake Dorr), Lake Norris, Seminole Springs and Creek, Seminole Swamp, Sulphur Spring and Run, and Messant Spring and Creek, but excluding all other tributaries (12-28-88). 40. Wiggins Pass Estuarine Area and the Cocohatchee River Syst em – the estuarine and marine waters from the Lee/Collier County line southward through and including Water Turkey Bay to 50 feet north of S.R. 846 (Bluebill Ave.) 1995 right-of-way; th e Cocohatchee River downstream from 50 feet west of U.S. 41 1995 right-of-way; and Wiggins Pass; but excluding maintenance dredging as authorized by Section 403.813(1)(f), F.S., in the following areas: a. Wiggins Pass from the Gulf of Mexico eastward for 200 linear feet (as measured from the southwestern point of Little Hickory Island); b. The channel (South Channel, Vanderb ilt Channel), that connects Wiggins Pass with Vanderbilt Lago on through Water Turkey Bay; and c. East Channel (for purposes of this designation described as the East Channel from its c onfluence with South Channel to Vanderbilt Drive, including all waters surrounding the spoil is lands known as Conklin Point and Island Marina) (7-16-96). 41. Withlacoochee Riverine and Lake System, including: a. The Withlacoochee River downstream of State Road 33 in Lake Count y to eastern section line of Section 33, Township 16 South, Range 18 East; and b. The lower Withlacoochee River, from the Gulf of Mexico to the Cross Florida Barge Canal By-Pass Spillway, but not including that portion of the river between Lake Rousseau and the Cross Florida Barge Canal; and c. The Little Withlacoochee River; and d. Jumper Creek downstream of State Road 35, including Jumper Creek Swamp; and e. Gum Springs, Gum Slough (Dead River), and Gum Swamp; and f. Lake Panasoffkee, Outlet River, Little Jones Creek, Big Jones Creek, and Rutland Creek; and g. Shady (Brook, Panasoffkee) Creek downstream of State Road 468, including Warm Spring Hammock; and h. Lake Tsala Apopka; and i. But excluding all other tributaries and artificial waterbodie s, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as de fined in subsection 62-312.020(3), F.A.C. (4-10-89); and (j) Waters within Rivers Designated Under the Florida Scenic and Wild Rivers Program, Federal Wild and Scenic Rivers Act of 1968 as amended, and Myakka River Wild and Scenic Designation and Preservation Act River Segment County 1. Loxahatchee National Martin/Palm Beach Wild and Scenic River Segment (5-14-86) 2. Myakka Florida Wild Sarasota and Scenic River Segment (5-14-86) 3. Wekiva Florida Lake/Seminole Scenic and Wild River Segment (12-1-82) (k) Waters within National Preserves National Preserve County 1. Big Cypress National Collier/Dade/ Preserve (as mod. Monroe 5-14-86, 4-19-88, 8-8-94) 2. Timucuan Ecological Duval and Historic Preserve(8-8-94) (l) Waters within National Marine Sanctuaries Marine Sanctuary County 1. Key Largo Monroe 2. Looe Key (12-1-82) Monroe (m) Waters within National Estuarine Research Reserves National Estuarine Research Reserve County 1. Apalachicola Franklin/Gulf (12-1-82; as mod. 5-14-86, 4-19-88) 2. Rookery Bay (as mod. Collier 5-14-86, 4-19-88) (n) Certain Waters within the Boundaries of the National Forests National Forest County 1. Apalachicola Wakulla/Leon/ Franklin a. Sopchoppy River (9-1-82) b. Big Dismal Sink (9-1-82) 2. Ocala Putnam/Marion/ Lake a. Alexander Springs (9-1-82) b. Alexander Springs Creek (9-1-82) c. Juniper Springs (9-1-82) d. Juniper Creek (9-1-82) e. Salt Springs (9-1-82) f. Salt Springs Run (9-1-82) g. Lake Dorr (9-1-82) h. Lake Kerr (9-1-82) i. Little Lake Kerr (9-1-82) 3. Osceola Baker/Columbia a. Deep Creek (9-1-82) b. Robinson Creek (9-1-82) c. Middle Prong – St. Marys River (9-1-82) d. Ocean Pond (9-1-82) e. Falling Creek (9-1-82) (10) Outstanding National Resource Waters: (a) The Commission designates the following waters as Outstanding National Resource Waters: 1. Biscayne National Park, as described in the document entitled “Outstanding National Resource Waters Boundary Description and Map for Biscayne National Park”, dated June 15, 1989, herein adopted by reference. 2. Everglades National Park, as described in the document entitled “Outstanding National Resource Waters Boundary Description and Map for Everglades National Park”, da ted June 15, 1989, herein adopted by reference. (b) It is the intent of the Commission that water bodies desi gnated as Outstanding National Resource Waters shall be protected and maintained to the extent required by the federal Environmental Protection Agency. Therefore, the designations set forth in paragraph 62-302.700(10)(a), F.A.C., shall not be effective un til the Florida Legislature enacts legislation specifically autho rizing protection and maintenance of Outstanding National Resource Waters to the extent required by the federal Environmental Protecti on Agency pursuant to 40 C.F.R. 131.12. (c) It is also the intent of the Commissi on to utilize the Surface Water Improvement and Management Act planning process, as outlined in Section 373.451, F.S., and Chapter 62-43, F.A.C., to establish the numerical standards for water quality parametersappropriate for Everglades and Biscayne National Parks’ status as outstanding National Resource Waters. (d) The baseline for defining the existing ambient water quality (paragraph 62-4.242(2)(c), F.A.C.) in Outstanding National Resource Waters is a five year period from March 1, 1976 to March 1, 1981, unless otherwise indicated.
Rulemaking Authority 403.061, 403.087, 403.088, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.08 8, 403.101, 403.141, 403.182, 403.502, 403.702, 403.708 FS. History–New 3-1-79, Amended 8-10-80, 8-24-82, 9-30-82, 11-30-82, 2-1-83, 6-1-83 , 3-1-84, 8- 16-84, 12-11-84, 1-17-85, 5-8-85, 4-29-86, 5-14-86, 5-22-86, 5-28-86, 10-29-86, 2-18-87, 4-9-87, 11-24-87, 12-15-87, 1-26-88, 4 -19-88, 12-28-88, 4-10-89, 9-13-89, 10-4-89, 12-20-89, 1-28-90, Formerly 17-3.041, Amended 10-4-90, 11-8-90, 7-11-91, 8-18-91, 12-11-91, 6-18-92, 1-5-93, 8-8- 94, Formerly 17-302.700, Amended 1-23-95, 4-3-95, 4-12 -95, 7-16-96, 4-4-01, 12-11-03, 1-9-06, 12-7-06.

62-302.800 Site Specifi c Alternative Criteria. (1) Type I Site Specific Alternative Criteria: A water body, or portion thereof, may not meet a particular ambient water qualit y criterion specified for its classification, due to natural background conditions or man-induced conditions which cannot be cont rolled or abated. In such circumstances, and upon petition by an affected person or upon the initiation by the Department, the Secreta ry may establish a site specific alternative water quality criterion wh en 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 heari ng 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 wate r 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 diu rnal variations, and other parameters or conditions which may affect it. Conditions in similar water bodies may be used for comparis on. 3. A description of the historical and existing biology, including variations, which may be affected by the parameter of concer n. Conditions in similar water bodies may be used for comparison. 4. A discussion of any impacts of the proposed alternative crite ria 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 competen t substantial evidence to be more appropriate. (2) Type II Site Specific Alternative Criteria: In accordance w ith the procedures set forth below, affected persons may petitio n the Department to adopt an alternative wate r quality criterion for a specific water body , or portion thereof, on the basis of s itespecific reasons other than those set forth above in subsection 62 -302.800(1), F.A.C. The Department shall process any such pet ition as follows: (a) No later than 60 days after receipt of a petition, the Department shall revi ew the petition and notify the petitioner of wh ether the petition is sufficiently complete to enable the Department to evaluate the proposed site-specific alternative criterion und er subparagraph (c) below. If the petition is not sufficiently complete, the Department shall request the submittal of additional information. The Department sha ll review any additional in formation within 60 days of receipt from the appli cant and may then request only that information reasonably need ed to clarify or answer new questions di rectly related to the additional informati on, 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 nece ssary to the Department’s evaluation, the Department, at the petitioner’s request, shall proceed to process the petition under subpar agraph (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 subpar agraph and its subparts. The petitioner must demonstrate that t he proposed criterion would fully maintain and protect human health, existing uses, and th e level of water quality necessary to pr otect human health and existing and designated beneficial uses. If the petition fails to meet any of these requirements (including th e required demonstration), the Department shall issue an order denying the petition. In deciding whether to initiate rulemaking o r deny the petition, the Department sha ll evaluate the petition a nd other releva nt information according to the following criteria and procedures:1. The petition shall include all the information re quired 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 s how that physical and chemical conditions at the site alter the toxicity or bioavailability of the compound in question and shall meet t he requirements and follow the Indicator Species procedure set forth in Water Quality Standards Handbook (December 1983), a publication of the United States Environmen tal Protection Agency, incorporated here by referen ce. If, however, the Indicator Species Procedure is not applicable to the proposed site-specific alternative criterion, the petitioner may propose another gen erally accepted scientific method or procedure to demonstrate with equal assurance that th e alternative criterion will protect the aqu atic life designated use of the water body. 3. The demonstration shall also include a ri sk assessment that determines the human ex posure and health risk associated with the proposed alternative criterion , except on a showing that no such assessment is relevant to the particular criterion. The ri sk assessment shall include all factors and fo llow all procedures required by generally accepted scientific prin ciples for such an assessment, such as analysis of existing water and sediment quality, potential transformation pathways, the chemical form of th e 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 m ore 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 inappropr iate at the site in question and that the proposed assumptions are more appropriat e or that physical or chemical characteristics of the site alter the toxicity or bioavailability of the compound. Such a variance of assu mptions, however, shall not be a ground for a proposed alternative crite rion unless the assumptions charact erize a factor specific to th e 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 pr oposed 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 existin g criterion, the petition shall include an analysis of the atta inability of the alternative criterion. 7. No later than 180 days after receipt of a complete petition or after a petitione r requests processing of a petition not foun d to be complete, the Department shall notify the petitioner of its decision on the petition. The Department shall publish in the Fl orida Administrative Weekly either a notice of rulemaking for the propos ed alternative criterion or a no tice of the denial of the pet ition, 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 co ntained in Rule 62-302.500, F.A.C., or criteria that apply to: 1. Biological Integrity. 2. B.O.D. 3. Nutrients. 4. Odor. 5. Oils and Greases. 6. Radioactive Substances. 7. Substances in concentrations that injure, are chronically toxic to, or produce adverse physiological or behavioral response in humans, animals, or plants. 8. Substances in concentrations that re sult in the dominance of nuisance species. 9. Total Dissolved Gases. 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 crit erion shall not become effective unless ap proved as a rule by the Commission. (f) Nothing in this rule shall alter the rights af forded to affected persons by Chapter 120, F.S. (3) The Department shall modify permits of existing sources affected in a manner consistent with the Secretary’s Order. (4) Additional relief from criteria established by this Chapter may be provided through exemption pursuant to Rule 62-4.243, F.A.C., or variances as provided for by Rule 62-110.104, F.A.C.(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 da ily and seasonal fluctuations above the levels listed in the table below shall be maintained.

Water Body and Class Site Specific Alternative Criteria County(s) (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 inte rval is based on the daily average Dissolved Oxygen concentration. Duval/Clay/ St. Johns

(b) Discharge wetlands at the Orange County Eastern Water Reclamation Facility. Class III. pH of not greater than 8.5 standard units. Orange

(c) Fenholloway River from river mile -0.1 to river mile 3.5. Class III. The annual average compensation depth for photosynthetic activity for phytoplankton shall not be decreased greater than 44.3 percent from background conditions as determined by an annual average compensation depth of at least 0.66 meters at river mile 0.53 (station F06). This value must be based on a minimum of 12 measurements during times when the average flow at Cooey Island Bridge at river mile 7.15 measures less than 200 cubic feet per second. Taylor

(d) Fenholloway River coastal waters (Apalachee Bay) as spatially defined by the coordinates (83° 49' 29.95" W, 29° 59' 38.70" N), (83° 45' 3.61" W, 29° 57' 22.10" N), (83° 47' 23.50" W, 29° 54' 5.01" N), and (83° 51' 45.47" W, 29° 56' 25.71" N). Class III. The annual average down-welling light at 1 m depth at stations F10 (83° 47' 6.60" W, 29° 57' 4.20" N) and F11 (83° 48' 27.00" W, 29° 57' 38.40" N) shall be 27 percent or more of surface values based on a minimum of 12 measurements using a 2 pi sensor during times when the average flow at Hampton Springs Bridge (USGS gage 02325000 near Perry) is less than or equal to 60 cubic feet per second (after subtracting flows from permitted point sources). Taylor

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.08 7, 403.088, 403.141, 403.161, 403.502 FS. History–Formerly 17-3.05(4), Amended 3-1-79, 10-2-80, 2-1-83, Formerly 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, 8-5-10. 

### Max day 55 mg/L 5.0

- 4.8 between Days

Max day 47 mg/L 4.8

- 4.6 between Days

Max day 30 mg/L 4.6

- 4.4 between Days Max day 21 mg/L 4.4

- 4.2 between Days

Max day 16 mg/L 4.2

- 4.0 between Days
Exposure Fractional Total

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