May 28, 2008 

2006 Chapter 62-302 Surface Water Quality Standards of the Florida Administrative

Code

Effective May 4, 2007 

EPA has completed its review of new and revised provisions in the 2006 Chapter 

62-302 Surface Water Quality Standards of the Florida Administrative Code (FAC). Therefore, 

all portions of the 2006 Chapter 62-302 Surface Water Quality Standards are in effect for Clean 

Water Act purposes, except for the following provisions: 

EPA has not completed its review of the following new or revised water quality standard 

submitted by Florida: 

• FAC 62-302.800(5)(b) Discharge wetlands at the Orange County Eastern Water 

Reclamation Facility Class III, pH site specific alternative criteria. 
 62-302.100 Findings, Declaration and Intent. (Repealed) 

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

Law Implemented 403.021, 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 - New 5-

29-90, Formerly 17-302.100, Repealed 12-26-96. 

 62-302.200 Definitions. 

 (1) "Acute Toxicity" shall mean the presence of one or more substances or 

characteristics or components of substances in amounts which: 

 (a) Are greater than one-third (1/3) of the amount lethal to 50% of the test 

organisms in 96 hours (96 hr LC50) where the 96 hr LC50 is the lowest value which has 

been determined for a species significant to the indigenous aquatic community; or 

 (b) may reasonably be expected, based upon evaluation by generally 

accepted scientific methods, to produce effects equal to those of the concentration of 

the substance specified in (a) above. 

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

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

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

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

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

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

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

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

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

shall be calculated as 

 Qhm = n __ , 

 1 + 1 + 1 + 1 + + 1 

 Q1 Q2 Q3 Q4 Qn

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

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

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

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

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

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

227, incorporated by reference in 62-4.246(9)(k), or by other generally accepted 

scientific procedures, using the harmonic mean flow for any freshwater inflow. If there 

are insufficient data to determine the harmonic mean then the harmonic mean shall be 

estimated by methods as set forth in the EPA publication Technical Support Document 

for Water Quality-Based Toxics Control (March 1991), incorporated by reference in 62-

4.246(9)(d), or other generally accepted scientific procedures. In situations with 

seasonably variable effluent discharge rates, hold-and-release treatment systems, and 

effluent-dominated sites, annual average flow shall mean modeling techniques that 

calculate long-term average daily concentrations from long-term individual daily flows 

and concentrations in accordance with generally accepted scientific procedures. 
 (3) "Background" shall mean the condition of waters in the absence of the 

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

available to the Department. 

 (4) "Chronic Toxicity" shall mean the presence of one or more substances or 

characteristics or components of substances in amounts which: 

 (a) are greater than one-twentieth (1/20) of the amount lethal to 50% of the 

test organisms in 96 hrs (96 hr LC50) where the 96 hr LC50 is the lowest value which 

has been determined for a species significant to the indigenous aquatic community; or 

 (b) may reasonably be expected, based upon evaluation by generally 

accepted scientific methods, to produce effects equal to those of the concentration of 

the substance specified in (a) above. 

 (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 unabsorbed. The light 

intensities at the surface and subsurface shall be measured 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 fraction that passes through a 0.45 

micron filter. 

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

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

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

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

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

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

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

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

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

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

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

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

for unusual future recreational use or experience. 

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

or after November 28, 1975. 

 (14) "Man-induced conditions which cannot be controlled or abated" shall mean 

conditions that have been influenced by human activities, and 

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

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

sources, and 

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

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

costs and the benefits of restoration or physical alteration. 
 (15) "Natural Background" shall mean the condition of waters in the absence of 

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

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

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

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

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

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

those waters. 

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

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

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

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

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

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

the juvenile states. 

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

Environmental Regulation Commission as worthy of special protection because of their 

natural attributes. 

 (19) "Outstanding National Resource Waters" shall mean waters designated by 

the Environmental Regulation Commission that are of such exceptional recreational or 

ecological significance that water quality should be maintained and protected under all 

circumstances, other than temporary lowering and the lowering allowed under Section 

316 of the Federal Clean Water Act. 

 (20) "Pollution" shall mean the presence in the outdoor atmosphere 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. 

 (21) "Predominantly Fresh Waters" shall mean surface waters in which the 

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

 (22) "Predominantly Marine Waters" shall mean surface waters in which the 

chloride concentration at the surface is greater than or equal to 1,500 milligrams per 

liter. 

 (23) "Propagation" shall mean reproduction sufficient to maintain the species' 

role in its respective ecological community. 

 (24) "Secretary" shall mean the Secretary of the Department of Environmental 

Protection. 

 (25) "Shannon-Weaver Diversity Index" shall mean: negative summation (from 

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

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

 (26) "Special Waters" shall mean water bodies designated in accordance with 

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

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

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

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

contained in bounds created naturally or artificially or diffused. Water from natural 
springs shall be classified as surface water when it exits from the spring onto the earth's 

surface. 

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

unfiltered sample following treatment with hot dilute mineral acid. 

 (29) "Water quality criteria" shall mean elements of State water quality 

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

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

uses. 

 (30) "Water quality standards" shall mean standards composed of designated 

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

narrative criteria applied to the specific water uses or classification, the Florida 

antidegradation policy, and the moderating provisions contained in this Rule and in 

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

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

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

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

of wastes with receiving surface waters has been afforded. 

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

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

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

Amended 1-23-95, 5-15-02. 

 62-302.300 Findings, Intent and Antidegradation Policy for Surface Water 

Quality. 

 (1) Article II, Section 7 of the Florida Constitution requires abatement 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 Control Act, 

as amended, declares that achievement by July 1, 1983, of water quality sufficient for 

the protection and propagation of fish, shellfish, and wildlife, as well as for recreation in 

and on the water, is an interim goal to be sought whenever attainable. Congress further 

states in Section 101(a)(3), that it is the national 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 Subsection 403.061(10), F.S. Water quality standards are 

established by the Department to protect these designated uses. 

 (4) Because activities outside the State sometimes cause pollution 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 uniformly 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 complexity 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 Secretary seek and use the best 

environmental information available when making decisions on the effects of chronically 

and 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 alternatives 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 which are 

necessary to protect the designated uses of a water body. It is the intent of this 

Commission that permit applicants should not be penalized due to a low detection limit 

associated with any specific 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 consideration the use and value of waters of the State for public water supplies, 

propagation of fish and wildlife, recreational purposes, and 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 

adequately be addressed in this proceeding, including economic and social 

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 

availability of the moderating provisions is a vital factor providing a basis for the 

Commission's determination that water quality standards applicable to water classes in 

the rule are attainable taking into consideration environmental, technological, social, 

economic and institutional factors. The companion provisions of Chapters 62-4, 62-600, 

62-660, F.A.C., approved simultaneously with these Water Quality Standards are 

incorporated herein by reference as a substantive part of the State's comprehensive 

program for the control, abatement and prevention of water pollution. 

 (d) Without the moderating provisions described in (b)2. above, the 

Commission would not have adopted the revisions described in (b)1. above nor 

determined that they are attainable as generally applicable water quality standards. 
 (11) Section 403.021, Florida Statutes, declares that the public policy of the 

State is to conserve the waters of the State to protect, maintain, and improve the quality 

thereof for public water supplies, for the propagation of wildlife, fish and other aquatic 

life, and for domestic, agricultural, industrial, recreational, and other beneficial uses. It 

also prohibits the discharge of wastes into Florida waters without treatment necessary 

to protect those beneficial uses of the waters. 

 (12) The Department shall assure that there shall be achieved the highest 

statutory and regulatory requirements for all new and existing point sources, and all 

cost-effective and reasonable best management practices for nonpoint source control. 

For the purposes 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 source 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 nitrogen and total 

phosphorus) constitute one of the most severe water 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 presently high in nutrient concentrations or 

sensitive to further nutrient concentrations and sensitive to further nutrient loadings. 

Also, particular consideration shall be given to the protection from nutrient enrichment of 

those presently containing very low nutrient concentrations: less than 0.3 milligrams per 

liter total nitrogen or less than 0.04 milligrams per liter total phosphorus. 

 (14) Existing uses and the level of water quality necessary to protect the 

existing uses shall be fully maintained and protected. 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 violations 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 finds that a new or existing discharge will reduce the 

quality 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 them, it shall permit the discharge if such degradation is 

necessary or desirable under federal standards and under circumstances which are 

clearly in the public interest, and if all other Department requirements are met. Projects 

permitted under Part IV of Chapter 373, F.S., shall be considered in compliance with 

this subsection if those projects comply with the requirements 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 
compliance with this subsection if those projects comply with the requirements of Rule 

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 under federal standards and 

under circumstances which are clearly in the public interest. 

 (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 shall demonstrate that this lowering of water quality is 

necessary or desirable under federal standards and under circumstances which are 

clearly in the public interest. These circumstances are limited to cases where it has 

been demonstrated that degradation 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 discharge is necessary or 

desirable under federal standards and under circumstances which are clearly in the 

public interest. 

Specific Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 

403.805 FS. Law Implemented 373.414, 403.021, 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, Formerly 17-

302.300, Amended 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 classified according to 

designated uses as follows: 

 CLASS I Potable Water Supplies 

 CLASS II Shellfish Propagation or Harvesting 

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

 CLASS IV Agricultural Water Supplies 

 CLASS V Navigation, Utility and Industrial Use 

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

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

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

classification are listed in Rules 62-302.500 and 62-302.530, F.A.C. 

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

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

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

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

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

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

minimum conditions necessary to assure the suitability of water for the designated use 
of the classification. In addition, applicable criteria are generally adequate to maintain 

minimum conditions required for the designated uses of less stringently regulated 

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

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

included within the designated uses of more stringently regulated classifications. 

 (6) Any person regulated by the Department or having a substantial interest in 

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

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

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

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

support the proposed reclassification. 

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

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

Regulation Commission that: 

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

beneficial use of the waters; and 

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

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

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

affirmative finding by the Environmental Regulation Commission that the proposed 

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

economic, and institutional factors. 

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

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

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

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

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

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

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

302.700, F.A.C. 

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

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

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

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

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

 (12) Exceptions to Class III: 

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

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

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

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

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

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

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

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

fiber which are zoned for agricultural use where county zoning is in effect. Agricultural 
areas exclude lands which are platted and subdivided or in a transition phase to 

residential use; 

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

Class V: 

1. 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 Bay 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 Graze Point to Cedar Point). 

4. Bradford County - none. 

5. Brevard County 

Class I 

 St. Johns River and Tributaries - Lake Washington Dam south through and 

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 the 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 directly 

connected to, Fordham Waterway 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 Sound - Waters except Peace 

River upstream from the northeastern point of Myakka Cutoff to the boat 

ramp in Ponce de Leon Park in south Punta Gorda, Catfish Creek north of 

N. Lat. 26° 50'56", and Whidden Creek north of N. Lat 26° 5l'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 the 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 Dixie 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 through 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 Section 14, T38S, R23E, southward 

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 southward 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 northeastermost point of Little Talbot Island to the southeastermost tip 

of Amelia Island westerly 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 connecting 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 County 

Class II 

 Alligator Harbor - East from a line from Peninsula Point north to St. James Island 

to mean high water. 

 Apalachicola Bay - with exception of an area encompassed within a 2-mile radius 

from Apalachicola entrance of John Gorrie Memorial Bridge. 

 East Bay and Tributaries - with the exception of area encompassed within 2-mile 

radius from Apalachicola entrance of John Gorrie 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 the east by Alligator 

Harbor and west by St. George Sound. 

 Ochlockonee Bay - From the confluence of Sopchoppy and Ochlockonee Rivers 

eastward to a line through the two 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 - Apalachicola 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 the 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 82°35'45" 

west, thence due north to the line of mean high 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, 

thence 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 inside 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 of mean high water to the point of beginning. 

 Tampa Bay - Beginning at the intersection of the Hillsborough County 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-half 

mile inside and parallel to Cut "C", Cut "D", and Cut "E" to a point with 

Latitude 27°45'40" north and Longitude 82°30'40" west, thence to a point 

Latitude 27°47' north and Longitude 82°27' west, thence on a true bearing 

of 140° to the line of mean high water, thence along the line of mean high 

water southward to the western tip of Mangrove Point, thence to the 

northwestern tip of Tropical Island, thence 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 point of beginning. 

 Tampa Bay - Hillsborough County portion west of the Sunshine Skyway 

(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 Intracoastal Waterway centerline. 

32. Jackson County 

Class I 

 Econfina Creek - Bay County Line 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 - From 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, T46S, 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 Suwanne 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 westernmost point of Seahorse Key, then along the southern 

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 the sources thereof, including but not 

limited to the following tributaries: the East Fork of the Manatee River, the 

North Fork of the Manatee River, Boggy Creek, Gilley Creek, Poley 

Branch, Corbit Branch, Little Deep Branch, Fisher Branch, Ft.Crawford 

Creek, Webb Branch, Clearwater Branch, 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 where 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 Sarasota Bay),excluding waters 

northward of a line from the southern shore of the mouth of Little Redfish 

Creek northwesterly through the red marker(approximately one nautical 

mile away) to the county line; Manatee River upstream of a line from 

Emerson Pt. to Mead Pt. 

 Gulf Waters - North of 27° 31' 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 Intracoastal Waterway Channel centerline. 

 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 connecting 

the northeasternmost point of Little Talbot Island to 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 (from 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 Rosa 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), excluding 

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 and Tributaries, excluding Treasure 

Beach Canal 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 Escribao Point). 

 East Bay and Tributaries - Blackwater Bay (line due west from Escribano 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 Gulf Breeze approach to Pensacola 

Beach, (Bascule Bridge), and Sharp Point, east to Santa Rosa/Okaloosa 

County line with exception of the Navarre Beach area from a north-south 

line 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 through 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 sectin 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 eastwest 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 westward 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. 

Specific Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804 FS. 

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

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

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

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

 

 62-302.500 Surface Waters: Minimum 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 conditions 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 Rules 62-

302.500(2) or 62-302.530; or 

 6. Pose a serious danger to the public health, safety, or welfare. 

 (b) Thermal components of discharges which, alone, or in combination 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 predominately 

marine waters. 

 (2) General Criteria. 

 (a) The criteria of surface water quality provided in Rules 62-302.500(2) and 

62-302.530 shall apply to all surface waters outside zones of mixing except: 

 1. Where inconsistent with the limitations 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 methodologies and the need for revision of numerical 

surface water quality criteria established in this rule chapter. The committee shall be 

appointed by the Secretary and consist of professionals knowledgeable about the 

specific criteria to be reviewed. The committee shall be chaired by a representative of 

the Department and shall meet at the call of the chair. Any findings, conclusions, or 

recommendations of the committee 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 water quality criteria based upon 

computation of concentrations in the receiving waters. Effluent limits will be established 

on site-specific conditions in the context of a Department permit. Monitoring reports and 

permit applications shall specify the detection limits and indicate non-detectable results 

in such cases. Unless otherwise 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 Rules 62-302.530 and 62-302.500(1)(c), F.A.C., are 

measured as total recoverable metal. However, cadmium, chromium, copper, lead, 

nickel, 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, “Guidance 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 pollutants, 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 criteria are based on annual 

average flow conditions. However, this allowable annual average does not relieve any 

activity from complying with Rules 62-302.500(1), 62-302.530, or 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 conditions which cannot be controlled or abated may be 

established as alternative dissolved oxygen criteria for a water body or portion 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 Department action only after public notice and opportunity for public hearing. The 

determination of alternative criteria shall be based on consideration of the factors 

described in Rule 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 Rule 62-

302.500(1), F.A.C. Daily and seasonal fluctuations in dissolved oxygen levels shall be 

maintained. 

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

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

403.502, 403.702, 403.708 FS. History - 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. 

 62-302.510 Surface Waters: General Criteria. (Repealed) 

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

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

403.502, 403.702, 403.708 FS. History - Formerly 17-3.05(1) and (2), Amended 2-12-

75, 8-26-75, 6-10-76, Amended and Renumbered 3-1-79, Amended 10-2-80, 2-1-83, 4-

26-87, Formerly 17-3.061, Amended 2-13-92, 6-17-92, 4-25-93, Formerly 17-302.510, 

Repealed 12-26-96. 

 62-302.520 Thermal Surface Water Criteria. 

All discharges or proposed discharges of heated water into receiving bodies of water 

(RBW) which are controlled by the State shall be subjected to a thorough study to 

assess the consequences of the discharge upon the environment. The State shall be 

divided into 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 30°N (excluding Gulf and Franklin Counties): and Northern Florida 
which is temperate and continental and is the area above latitude 30°N plus the portions 

of Gulf and Franklin Counties which lie below 30°N. 

 (1) Heated water discharges existing on July 1, l972: 

 (a) Shall not increase the temperature of the RBW so as to cause substantial 

damage or harm to the aquatic life or vegetation therein or interfere with 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 

preponderance of the evidence that a discharge 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 into 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, replacements, or repairs 

which result in an increased output of ten percent (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 

temperature of the receiving water at a location which is unaffected by manmade 

thermal discharges and a location which is also of a depth and exposure to winds and 

currents which typify the most environmentally stable portions of the RBW. 

 (b) Coastal waters shall be all waters in the State which 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 any thermal discharge (a) which is presently 

taking place, or (b) which is under construction or for which a construction or operation 

permit has been issued prior to the effective date of this rule. 

 (e) Fresh waters shall be all waters of the State which are contained in lakes 

and ponds, or are in flowing streams above the zone in which tidal actions influence the 

salinity of the water and where the concentration of chloride ions is normally less than 

1500 milligrams per liter. 
 (f) Open waters shall be all waters in the State extending seaward from the 

most seaward 18-foot depth contour line (three-fathom bottom depth contour) which is 

offshore from any island; exposed or submerged bar or reef; or mouth of any 

embayment or estuary which is narrowed by headlands. Contour lines shall 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 practicable 

to measure temperature at the end of the discharge conduit, a specific point designated 

by the Florida DEP for that particular thermal 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 sources 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 more than 

5°F higher than the ambient (natural) temperature of any stream shall not be discharged 

into such 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 

stream's surface remains at ambient (natural) temperature. Further, no more than onefourth (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 3°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 90°F shall be discharged into any fresh waters in Northern Florida regardless of 

the ambient temperature of the RBW. In Peninsular Florida, heated waters above 92°F 

shall not be discharged into fresh waters. 

 (b) Coastal Waters - Heated water with a temperature at the POD more than 

2°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. During the remainder of the year, heated water with a temperature at the 

POD more than 4°F higher than the ambient (natural) temperature 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 92°F shall be discharged 

into coastal waters. Further, no heated water with a temperature above 90°F shall be 

discharged into coastal waters during the period October thru May. 

 (c) Open Waters - Heated water with a temperature at the POD up to 17°F 

above ambient (natural) temperature of the RBW may be discharged from an open or 
closed conduit into open waters under the following restraints: The surface temperature 

of the RBW shall not be raised to more than 97°F and the POD must be sufficient 

distance offshore to ensure 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: 

 ZONE STREAMS LAKES COASTAL OPEN

 SUMMER REMAINDER

Max. 90°F Max. 90°F Max. 92°FMax. 90°F Max. 97°F Max. 

 AM. +5°F AM. +3°F AM. +2°F AM. +4°F AM. +17° 

PENIN 92°F Max. 92°F Max. 92°F Max. 90°F Max. 97°F Max. 

 AM. +5°F AM. +3°F AM. +2°F AM. +4°F AM. +17° 

 (6) Upon application on a case by case basis, 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 regulations 

promulgated 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 discharge 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 recirculated cooling water 

systems, and for discharges from non-recirculated cooling water systems of existing 

sources, shall be established on the basis of the physical and biological characteristics 

of the RBW. 

 (c) When a zone of mixing is established pursuant to this Rule 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 limits in Rule 62-3.520, F.A.C., to determine compliance 

by the discharge with the established mixing zone and the temperature limits in Rule 62-

302.520, F.A.C. 
Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law 

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

403.502, 403.702, 403.708 FS. History - Formerly 28-5.02, 17-3.02, Amended 10-28-

70, Amended and Renumbered 3-1-79, Formerly 17-3.050, Formerly 17-302.520. 

 62-302.530 Table: Surface Water Quality Criteria. 

The following table contains both numeric and narrative surface water quality criteria to 

be applied except within zones of mixing. The left-hand column of the Table is a list of 

constituents for which a surface water criterion exists. The headings for the water 

quality classifications are found at the top of the Table. Applicable criteria lie within the 

Table. The individual criteria should be read in conjunction 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 otherwise stated, all criteria express the 

maximum not to be exceeded at any time. In some cases, there are separate or 

additional limits, which apply independently of the maximum not to be exceeded at any 

time. For example, annual average (denoted as “annual avg.” in the Table) means the 

maximum concentration at average annual flow conditions (see Rule 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 statistical variability inherent in 

sampling and testing procedures. The Department’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) and 303(d) of the Federal 

Clean Water Act. 

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

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

403.502, 403.702, 403.708 FS. History - New 1-28-90, Formerly 17-3.065, Amended 2-

13-92, 6-17-92, 4-25-93, Formerly 17-302.530, Amended 1-23-95, 1-15-96, 5-15-02, 7-

19-04, 12-7-06. 

 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 provisions of Chapter 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 authorizing 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, recognized 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 Agricultural Area to the EPA by more than twice the amount required by 

existing rules. Stormwater Treatment Areas (STAs) have reduced phosphorus 

concentrations to less than the goal of 50 ppb established in the Everglades Forever 

Act. 

 (c) While a significant percentage of the EPA currently meets the numeric 

phosphorus criterion, further efforts are required to achieve the criterion in the remaining 

impacted areas of the EPA. 

 (d) Even as water quality continues to improve, restoration will be a long-term 

process because of historic phosphorus accumulations found in sediments within 

impacted 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 District 

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-effective for treating 

discharges entering the EPA and poses the potential for adverse environmental effects. 

 2. Optimization of the existing STAs, in combination with BMPs, is currently 

the most cost-effective and environmentally preferable means to achieve further 

phosphorus reductions to the EPA, and to restore impacted areas. The effectiveness of 

such measures should be determined and maximized prior to requiring additional 

measures. Optimization shall take into consideration viable vegetative technologies, 

including Periphyton-based STAs that are found to be cost-effective and 

environmentally acceptable. 

 (f) The District and the Department recognize that STA and BMP optimization 

requires a sustained commitment to construct, implement, stabilize and measure 

phosphorus reduction benefits. 

 (g) The Comprehensive Everglades Restoration Plan (CERP) contains 

projects that will affect the flows and phosphorus levels entering the EPA. Achievement 

of water quality standards for water quality projects required under the Everglades 

Forever Act can be most effectively and efficiently attained 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 to restore and maintain water quality in the 

EPA, while, at the same time, fulfill the States obligations under the Settlement 

Agreement to achieve the long-term phosphorus concentration levels and discharge 
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 further evaluate the natural 

variability in those habitat types. 

 (k) The Commission has received substantial testimony regarding mercury 

and its impact on the EPA. The Commission encourages all interested parties to 

continue research efforts on the 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 Everglades Protection Area. 

Chapter 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, including those described in 

subparagraphs (c) through (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 s. 373.4592(2)(a), F.S. BMPs shall maintain and, where practicable, improve 

upon the performance of urban and agricultural source controls in reducing overall 

phosphorus levels. Agricultural BMPs within the Everglades Agricultural Area and the C139 Basin shall be in accordance with Rules 40E-61 and 40E-63, F.A.C. STA 

phosphorus reductions shall be improved through implementation of optimization 

measures as defined by s. 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 Protection Area” or “EPA” shall mean Water 

Conservation 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 

concentrations 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 Agreement 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 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 geometric 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 the 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 procedures 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 Park. 

 (c) Achievement of Criterion in Everglades National Park. 

Achievement 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 terminated. If the Settlement Agreement is no longer in force, 

achievement of the criterion shall be determined based on the method provided 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 not 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 unimpacted areas in each WCA shall be 

determined based upon data from stations that are evenly distributed and located in 

freshwater open water sloughs similar to the areas from which data were obtained to 

derive the 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 flora or fauna, the following provisions must 

also be met: 

 a. The annual geometric mean average across all stations is less than or 

equal to 10 ppb for three of five years; and 

 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 individual 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 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 flora 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; and 

 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 individual 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 provisions of subsection (6) below are met. 

Notwithstanding the definition of Impacted Area in subsection (3), individual stations in 

the network 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 less 

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 collected as necessary at stations that are evenly 

distributed and representative of major natural habitat types to further define the natural 

spatial and temporal variability and natural background of phosphorus 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 water body specific variability, including the 

effect of habitat types. The hydrologic variability evaluation shall be based on data from 

at least one climatic drought cycle and data reflecting the average 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 purposes of determining achievement of the criterion. Data 

shall be excluded from calculations for the purpose of determining achievement of the 

criterion 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. Where 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. rainfall amount, 

water levels and water deliveries) were outside the 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 criteria, 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 below the phosphorus 

criterion set forth in this rule; or 

 2. Discharges will not cause or contribute to exceedences of the phosphorus 

criterion in the receiving waters, the determination 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 paragraph (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 Rule 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 s. 373.4592(2)(a), F.S., and further provided in this section, which shall 

include a continued research 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 strategies to accelerate restoration of natural conditions with 

regard to populations of native flora or fauna. 

 3. For purposes of this rule, the Long-Term Plan shall constitute 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 incorporated 

through an adaptive management approach 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 LongTerm 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 changes 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 structures associated with the particular 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 unimpacted 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 

paragraph (6)(a)1.a. above; 

 2. The environmental benefits of establishing the discharge clearly outweigh 

the potential adverse impacts that may result in the event that phosphorus levels in the 

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 moderatig provisions that may otherwise exist as a matter of law, rule or 

regulation. 

 (7) Document Incorporated By Reference. The following document is 

referenced elsewhere in this Section and is hereby incorporated by reference: 

 Data Quality Screening Protocol, dated July 15, 2004. 

 (8) Contingencies. In the event any provision of this rule is challenged in any 

proceeding, the Commission shall immediately by notified. In the event any provision of 

this rule: (a) is determined to be invalid under applicable law; 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. 

Specific Authority 373.043, 373.4592, 403.061 FS. Law Implemented 373.016, 373.026, 

373.4592, 403.021(11), 403.061, 403.201 FS. History – New 7-15-04, Amended 5-25-

05. 

 62-302.600 Classified Waters. (Repealed) 

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

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

403.502, 403.702, 403.708 FS. History - New 3-21-68; Formerly 28-5.21; Amended 3-4-

71, 7-13-78, 3-5-80, 7-26-81, 1-1-83, 2-1-83, 4-1-84, 9-12-85, 4-26-87, 4-26-89, 1-28-

90; Formerly 17-3.161; Amended 3-31-91, 9-26-91, 4-25-93; Formerly 17-302.600; 

Amended 1-23-95, 2-27-95, Repealed 12-26-96. 

 62-302.700 Special Protection, Outstanding Florida 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 Rule 62-4.242(2) and (3), F.A.C., 

is to be permitted in Outstanding Florida Waters and Outstanding National Resource 
Waters, respectively, notwithstanding any other Department rules that allow water 

quality lowering. 

 (2) A complete listing of Outstanding Florida Waters and Outstanding National 

Resources Waters is provided in subsections (9) and (10). Outstanding Florida Waters 

generally include the following surface waters (unless named as Outstanding National 

Resource Waters): 

 (a) Waters in National Parks, Preserves, Memorials, Wildlife Refuges and 

Wilderness Areas; 

 (b) Waters in the State Park System and Wilderness Areas; 

 (c) Waters within areas acquired through donation, trade, or purchase under 

the Environmentally Endangered Lands Bond Program, Conservation and Recreation 

Lands Program, Land Acquisition 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 Sanctuaries, National 

Estuarine Research Reserves, and certain National Monuments; 

 (f) Waters in Aquatic Preserves created under the provisions of Chapter 258, 

Florida Statutes; 

 (g) Waters within the Big Cypress National Preserve; 

 (h) Special Waters as listed in Rule 62-302.700(9)(i); and 

 (i) Certain Waters within the Boundaries of the National Forests. 

 (3) Each water body demonstrated to be of exceptional recreational or 

ecological significance 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, 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 Special Water 

after making a finding that the waters are of exceptional recreational or ecological 

significance 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 Outstandng 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 the 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 

recreational significance of the waters; and 

 (c) That the environmental, social, and economic benefits of the designation 

outweigh the environmental, social, and economic costs. 

 (7) The policy of this section shall be implemented through the permitting 

process pursuant to Section 62-4.242, F.A.C. 

 (8) For each Outstanding Florida Water listed under Rule 62-302.700(9), the 

last day of the baseline year for defining the existing ambient water quality (Rule 62-

4.242 (2)(c)) is March 1, 1979, unless otherwise indicated. Where applicable, 

Outstanding Florida Water boundary expansions are indicated by date(s) following "as 

mod." under Rule 62-302.700(9). For each Outstanding Florida Water boundary which 

expanded subsequent to the original date of designation, the baseline year for the entire 

Outstanding Florida Water, including the expansion, remains March 1, 1979, unless 

otherwise indicated. 

 (9) Outstanding Florida Waters: 

 (a) Waters within National Parks and National Memorials 

 National Park or National Memorial County

 1. Biscayne National Park (as mod. 5-14-86; 8-8-94) Dade 

 2. Dry Tortugas National Park (10-4-90) Monroe 

 3. Everglades National Park Monroe/Dade/ 

 (as mod. 8-8-94) Collier 

 4. Fort Caroline National Memorial (8-8-94) Duval 

 (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. 5-14-86, 4-19-88) Levy 

 4. Chassahowitzka (as mod. 5-14-86, 4-19-88) Citrus/Hernando 

 5. Chinsegut Hernando 

 6. Crocodile Lake (12-1-82; as mod. 

 5-14-86, 4-19-88; 8-8-94) Monroe 

 7. Crystal River (5-14-86; as mod. 10-4-90) Citrus 

 8. Egmont Key Hillsborough 

 9. Florida Panther (10-4-90; as mod. 8-8-94) Collier 

 10. Great White Heron (as mod. 5-14-86, 4-19-88) Monroe 

 11. Hobe Sound (as mod. 5-14-86,4-19-88; 8-8-94) Martin 

 12. Island Bay Charlotte 

 13. J. N. "Ding" Darling (as mod. 5-14-86, 4-19-88; 

8-8-94) Lee 

 14. Key West Monroe 

 15. Lake Woodruff (as mod. 8-8-94) Volusia/Lake 

 16. Lower Suwannee (12-1-82; as mod. 8-8-94) Dixie/Levy 

 17. Loxahatchee Palm Beach 
 18. Matlacha Pass (as mod. 8-8-94) Lee 

 19. Merritt Island Volusia/Brevard 

 20. National Key Deer (as mod. 5-14-86, 4-19-88, 

10-4-90; 8-8-94) Monroe 

 21. Okefenokee (Florida Portion) Baker 

 22. Passage Key Manatee 

 23. Pelican Island (as mod. 8-8-94) Indian River 

 24. Pine Island (as mod. 8-8-94) Lee 

 25. Pinellas Pinellas 

 26. St. Johns (including Bee Line Unit) 

(as mod. 5-14-86, 4-19-88) Brevard 

 27. St. Marks (as mod. 10-4-90; Jefferson/ 

 8-8-94) Wakulla/Taylor 

 28. St. Vincent (including Pig Island Unit) Franklin/Gulf 

 (c) Waters within State Parks, State Wildlife Parks, and State Recreation 

Areas 

 State Park or State Recreation Area County

 1. Amelia Island State Recreation Area (5-14-86) Nassau 

 2. Anastasia State Recreation Area St. Johns 

 (as mod. 4-19-88) 

 3. Avalon State Recreation Area St. Lucie 

 (4-19-88; as mod. 8-8-94) 

 4. Bahia Honda State Park (as mod. 5-14-86) Monroe 

 5. Bear Creek State Recreation Area (12-1-82) Gadsden 

 6. Big Lagoon State Recreation Area Escambia 

 (12-1-82; as mod. 5-14-86, 8-8-94) 

 7. Big Talbot Island State Park (5-14-86; 

as mod. 4-19-88, 8-8-94) Duval 

 8. Bill Baggs Cape Florida State Recreation Area Dade 

 9. Blackwater River State Park Santa Rosa 

 10. Blue Spring State Park Volusia 

 11. Bulow Creek State Park (5-14-86; as mod. 4-19-88) Flagler/Volusia 

 12. Caladesi Island State Park Pinellas 

 13. Cayo Costa State Park (12-1-82; as mod. 5-14-86, 

4-19-88, 10-4-90, 8-8-94) Lee 

 14. Collier-Seminole State Park Collier 

 15. Dead Lakes State Recreation Area Gulf 

 16. DeLeon Springs State Recreation Area (5-14-86); 

as mod. 10-4-90) Volusia 

 17. Delnor-Wiggins Pass State Recreation Area 

(12-1-82) Collier 

 18. Don Pedro Island State Recreation Area (5-14-86); 

as mod. 4-19-88) Charlotte 

 19. Dr. Julian G. Bruce St. George Island State Park 

(12-1-82) Franklin 

 20. Edward Ball Wakulla Springs State Park (4-19-88) Wakulla 
 21. Falling Waters State Recreation Area Washington 

 22. Faver-Dykes State Park St. Johns 

 23. Florida Caverns State Park (as mod. 8-8-94) Jackson 

 24. Fort Clinch State Park(as mod. 4-19-88; 8-8-94) Nassau 

 25. Fort Cooper State Park (12-1-82) Citrus 

 26. Fort Pierce Inlet State Recreation Area (12-1-82; 

as mod. 5-14-86) St. Lucie 

 27. Fred Gannon Rocky Bayou State Recreation Area Okaloosa 

 28. Gamble Rogers Memorial State Recreation Area 

at Flagler Beach Flagler 

 29. Gasparilla Island State Recreation Area 

(5-14-86; as mod. 4-19-88, 10-4-90) Lee 

 30. Grayton Beach State Recreation Area 

(as mod. 4-19-88) Walton 

 31. Guana River State Park (5-14-86; as mod. 4-19-88) St. Johns 

 32. Henderson Beach State Recreation Area (5-14-86) Okaloosa 

 33. Highlands Hammock State Park (as mod. 8-8-94) Highlands/Hardee 

 34. Hillsborough River State Park Hillsborough 

 35. Homosassa Springs State Wildlife Park (10-4-90) Citrus 

 36. Honeymoon Island State Recreation Area 

(12-1-82; as mod. 5-14-86) Pinellas 

 37. Hontoon Island State Park Volusia/Lake 

 38. Hugh Taylor Birch State Recreation Area Broward 

 39. Ichetucknee Springs State Park Columbia/Suwannee 

 40. John D. McArthur Beach State Park (12-1-82) Palm Beach 

 41. John Pennekamp Coral Reef State Park 

(as mod. 5-14-86, 4-19-88) Monroe 

 42. John U. Lloyd Beach State Recreation Area Broward 

 43. Jonathan Dickinson State Park Martin 

 44. Lake Arbuckle State Park (5-14-86) Polk 

 45. Lake Griffin State Recreation Area Lake 

 46. Lake Kissimmee State Park Polk 

 47. Lake Louisa State Park (12-1-82) Lake 

 48. Lake Manatee State Recreation Area (12-1-82) Manatee 

 49. Lake Rousseau State Recreation Citrus/Levy/ 

 Area (12-1-82) Marion 

 50. Lake Talquin State Recreation Area (12-1-82; 

as mod.5-14-86) Leon 

 51. Little Manatee River State Recreation Area (12-1-82) Hillsborough 

 52. Little Talbot Island State Park Duval 

 53. Long Key State Recreation Area Monroe 

 54. Lovers Key State Recreation Area (5-14-86) Lee 

 55. Manatee Springs State Park (as mod. 10-4-90) Levy 

 56. Mike Roess Gold Head Branch State Park 

(as mod. 5-14-86, 4-19-88; 8-8-94) Clay 

 57. Myakka River State Park Manatee/Sarasota 
 58. North Peninsula State Recreation Area 

(5-14-86; as mod. 4-19-88, 10-4-90) Volusia 

 59. Ochlockonee River State Park Wakulla 

 60. O'Leno State Park (as mod. 5-14-86) Alachua/Columbia 

 61. Oleta River State Recreation Area (12-1-82) Dade 

 62. Oscar Scherer State Park (as mod. 8-8-94) Sarasota 

 63. Peacock Springs State Recreation Area (4-19-88) Suwannee 

 64. Perdido Key State Recreation Area (12-1-82) Escambia 

 65. Ponce de Leon Springs State Recreation Area Holmes/Walton 

 66. Port Charlotte Beach State Recreation Area 

(12-1-82) Charlotte 

 67. Rose Sink (addition to Ichetucknee Springs 

 State Park) (1-9-06) Columbia 

 68. St. Andrews State Recreation Area 

 (as mod. 5-14-86, 4-19-88) Bay 

 69. Sebastian Inlet State Recreation Indian River/ 

 Area Brevard 

 70. Silver River State Park (4-19-88; as mod. 

10-4-90; 8-8-94) Marion 

 71. Suwannee River State Park Hamilton/ 

 (as mod. 10-4-90) Madison/Suwannee 

 72. Three Rivers State Recreation Area Jackson 

 73. T. H. Stone Memorial St. Joseph Peninsula 

State Park Gulf 

 74. Tomoka State Park Volusia 

 75. Torreya State Park Liberty 

 76. Wekiwa Springs State Park (as mod. 4-19-88) Orange/Seminole 

 (d) Waters within State Ornamental Gardens, State Botanical Sites, State 

Historic Sites, and State Geological Sites 

 State Ornamental Gardens, State 

 Botanical Site, State Historic

 Site, or State Geological Site County

 1. Alfred B. Maclay State Gardens Leon 

 2. Devils Millhopper State Geological Site (10-4-90) Alachua 

 3. Eden State Gardens Walton 

 4. Fort Zachary Taylor State Historic Site (10-4-90) Monroe 

 5. Indian Key State Historic Site (10-4-90) Monroe 

 6. Key Largo Hammock State Botanical Site (5-14-86) Monroe 

 7. Koreshan State Historic Site (10-4-90) Lee 

 8. Lignumvitae Key State Botanical Site (5-14-86) Monroe 

 9. Marjorie Kinnan Rawlings State Historic 

Site (10-4-90) Alachua 

 10. Natural Bridge Battlefield State Historic Site (10-4-90) Leon 

 11. Paynes Creek State Historic Site (10-4-90) Hardee 

 12. Ravine State Gardens Putnam 

 13. San Marcos de Apalachee State Historic 
Site (10-4-90) Wakulla 

 14. Washington Oaks State Gardens (as mod. 5-14-86) Flagler 

 15. Windley Key Fossil Reef State Geological 

Site (10-4-90) Monroe 

 (e) Waters within State Preserves, State Underwater Archaeological 

Preserves, and State Reserves 

 State Preserve or State Reserve County

 1. Anclote Key State Preserve (12-1-82) Pasco/Pinellas 

 2. Cape St. George State Reserve (12-1-82) Franklin 

 3. Cedar Key Scrub State Reserve 

(12-1-82; as mod. 4-19-88) Levy 

 4. Charlotte Harbor State Reserve (as mod. 4-19-88) Charlotte 

 5. Crystal River State Reserve 

(5-14-86; as mod. 4-19-88) Citrus 

 6. Fakahatchee Strand State Preserve (12-1-82; 

as mod. 5-14-86, 4-19-88, 10-4-90, 8-8-94) Collier 

 7. Haw Creek State Preserve Flagler/Putnam/ 

 (12-1-82) Volusia 

 8. Lower Wekiva River State Reserve (12-1-82) Lake/Seminole 

 9. Nassau Valley State Reserve (12-1-82) Duval/Nassau 

 10. Paynes Prairie State Preserve 

(as mod. 10-4-90, 8-8-94) Alachua 

 11. Prairie-Lakes State Preserve Osceola 

 12. River Rise State Preserve 

 (12-1-82; as mod. 8-8-94) Alachua/Columbia 

 13. Rock Springs Run State Reserve 

 (5-14-86; as mod. 4-19-88) Orange 

 14. San Felasco Hammock State Preserve 

 (12-1-82; as mod. 5-14-86; 4-19-88) Alachua 

 15. San Pedro State Underwater 

 Archaeological Preserve (10-4-90) Monroe 

 16. Savannas State Reserve (12-1-82; 

 as mod. 5-14-86, 10-4-90, 8-8-94) Martin/St. Lucie 

 17. St. Lucie Inlet State Preserve (12-1-82) Martin 

 18. Waccasassa Bay State Preserve 

 (12-1-82; as mod. 4-19-88) Levy 

 19. Weedon Island State Preserve (12-1-82) Pinellas 

 20. William Beardall Tosohatchee State 

Reserve (12-1-82) Orange 

 (f) Waters within Areas Acquired through Donation, Trade, or Purchase 

Under the Environmentally Endangered Lands Bond Program, Conservation and 

Recreation Lands Program, Land Acquisition Trust Fund Program, and Save Our Coast 

Program 

 Program Area County

 1. Andrews Tract (5-14-86; as mod. 4-19-88; 8-8-94) Levy 

 2. Apalachicola Bay (8-8-94) Franklin 
 3. Barefoot Beach (12-1-82) Collier 

 4. Beker Tracts (10-4-90) Manatee 

 5. Big Bend Coastal Tract (4-19-88; as mod. 10-4-90) Dixie/Taylor 

 6. Big Shoals (4-19-88) Hamilton 

 7. B.M.K. Ranch (8-8-94) Lake/Orange 

 8. Bower Tract (5-14-86; as mod. 4-19-88) Hillsborough 

 9. Caravelle Ranch (8-8-94) Putnam 

 10. Carlton Half-Moon Ranch (8-8-94) Sumter 

 11. Catfish Creek (8-8-94) Polk 

 12. Chassahowitzka Swamp (5-14-86; 

 as mod. 4-19-88, 8-8-94) Hernando/Citrus 

 13. Coupon Bight (10-4-90; as mod. 

 8-8-94) Monroe 

 14. Crystal River (10-4-90) Citrus 

 15. Curry Hammock (8-8-94) Monroe 

 16. Deering Hammock/Estate (5-14-86); 

 as mod. 4-19-88, 8-8-94) Dade 

 17. East Everglades (5-14-86) Dade 

 18. Econfina River (8-8-94) Taylor 

 19. Emerson Point (8-8-94) Manatee 

 20. Escambia Bay Bluffs (5-14-86) Escambia 

 21. Estero Bay (8-8-94) Lee 

 22. Florida First Magnitude Springs (8-8-94) Levy 

 23. Ft. George Island (10-4-90) Duval 

 24. Ft. Mose (8-8-94) St. Johns 

 25. Ft. San Luis (5-14-86; as mod. 8-8-94) Leon 

 26. Gateway (5-14-86) Pinellas 

 27. Gills Tract (8-8-94) Pasco 

 28. Green Turtle Beach (4-19-88) St. Lucie 

 29. Guana River (5-14-86; as mod. 4-19-88) St. Johns 

 30. Homosassa Reserve/Walker Tract (8-8-94) Citrus 

 31. Indian River North Beach (5-14-86) Indian River 

 32. ITT/Hammock (5-14-86) Dade 

 33. Josslyn Island (10-4-90) Lee 

 34. Levy County Forest/Sandhills (8-8-94) Levy 

 35. Letchworth Mounds (8-8-94) Jefferson 

 36. Lower Econlockhatchee (8-8-94) Seminole 

 37. Martin County Tracts (5-14-86) Martin 

 38. Mashes Sands (5-14-86) Wakulla 

 39. Miami Rockridge Pinelands (8-8-94) Dade 

 40. Milton to Whiting Field (8-8-94) Santa Rosa 

 41. North Beach (5-14-86) Broward 

 42. North Key Largo Hammock (5-14-86; 

 as mod. 4-19-88, 10-4-90, 8-8-94) Monroe 

 43. Placid Lakes (8-8-94) Highlands 

 44. Point Washington (8-8-94) Walton 
 45. Port Bougainville (10-4-90) Monroe 

 46. Rainbow River/Springs (8-8-94) Marion 

 47. Rookery Bay (10-4-90; as mod. 8-8-94) Collier 

 48. Rotenberger (as mod. 4-19-88; 8-8-94) Palm Beach 

 49. Saddle Blanket Lakes Scrub (8-8-94) Polk 

 50. Save Our Everglades (10-4-90; as mod. 8-8-94) Collier 

 51. Sea Branch (8-8-94) Martin 

 52. Seminole Springs/Woods (8-8-94) Lake 

 53. Snake Warrior Island (Oaks of Miramar) (8-8-94) Broward 

 54. Spring Hammock (4-19-88; as mod. 10-4-90) Seminole 

 55. Spruce Creek (4-19-88; as mod. 8-8-94) Volusia 

 56. St. Martins River (8-8-94) Citrus 

 57. Stark Tract (10-4-90) Volusia 

 58. Stoney-Lane (10-4-90) Citrus 

 59. Surfside Additions (5-14-86) St. Lucie 

 60. Three Lakes/Prairie Lakes (as mod. 8-8-94) Osceola 

 61. Topsail Hill (8-8-94) Walton 

 62. Upper Black Creek (8-8-94) Clay 

 63. Volusia Water Recharge Area Volusia 

 64. Wacissa/Aucilla Rivers (10-4-90) Jefferson/Taylor 

 65. Wekiva River Buffers (8-8-94) Seminole 

 66. Westlake (5-14-86; as mod. 4-19-88) Broward 

 67. Wetstone/Berkovitz (8-8-94) Pasco 

 68. Withlacoochee Tracts (12-1-82) Sumter 

 (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 29°49'50" N. Lat., 

83°35'24"W. Long. then west to 29°49'45", 83°35'50"; then south to 

29°49'04", 83°35'48"; then east to 29°49'04", 83°35'24"; then north 

to the point of beginning. 

 b. Steinhatchee, Taylor County - Begin at 29°40'35", 83°22'10"; then 

west to 29°40'35", 83°23'10"; then north to 29°41', 83°23'10"; 

 then west to 29°41', 83°24'10"; then south to the Taylor CountyDixie County boundary; then eastward along the boundary to 

29°39'55", 83°22'10"; then north to the point of beginning. 
 c. Suwannee, Dixie County - Begin at 29°20'30", 83°08'10"; then west 

to 29°20'30", 83°08'25"; then south to 29°20'05", 83°08'25"; then 

southwesterly along SR 349 to 29°19'51", 83°08'35"; then west to 

29°19'51", 83°08'45"; then southwesterly to 29°19'40", 83°09'12"; 

then south to 29°19'30", 83°09'12"; then northeasterly to 29°19'39", 

83°08'53"; then southeasterly to 29°19'25", 83°08'41"; then 

southwesterly to 29°19'20", 83°08'49"; then southeasterly to 

29°19'14", 83°08'41"; then northeasterly along the bank of the 

Suwannee River to and along the bank of Demory Creek to 

29°19'45", 83°08'10"; then north to the point of beginning. 

 d. Cedar Key unincorporated airport area, Levy County - Begin at 

29°08'26", 83°03'17"; then south to 29°07'34", 83°03'17", then 

northeasterly to 29°07'48", 83°02'33"; beginning northerly and 

tracing the corporate limit of Cedar Key to the point 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 29°08'58", 83°01'17"; 

then west to 29°08'58", 83°01'24"; then south to 29°08'05", 

83°01'26"; then northeasterly to 29°08'08", 83°01'17"; then 

northerly to the point of beginning. 

 g. Keaton Beach navigation channel, Taylor County - Begin at 

29°49'02", 83°35'30"; then west to 29°49'02", 83°37'58"; then south 

to 29°48'45", 83°37'58"; then east to 29°48'45", 83°35'30"; then 

north to the point of beginning. 

 h. Keaton Beach local channels, Taylor County - Begin at 29°49'01", 

83°35'38"; then southeast to 29°48'55", 83°35'15"; then northeast to 

29°48'59", 83°35'13"; then northwest to 29°49'06", 83°35'36"; then 

southwest to the point of beginning. (10-29-86) 

 5. Biscayne Bay (Cape Florida) Dade/Monroe 

 6. Biscayne Bay (Card Sound) (12-1-82) Dade/Monroe 

 7. Boca Ciega Bay Pinellas 

 8. Cape Haze Charlotte/Lee 

 9. Cape Romano-Ten Thousand Islands Collier 

 10. Cockroach Bay Hillsborough 

 11. Coupon Bight Monroe 

 12. Estero Bay (as mod. 4-19-88) Lee 

 13. Fort Clinch State Park Nassau 

 14. Fort Pickens State Park Santa Rosa/Escambia 

 15. Gasparilla Sound-Charlotte Harbor (as mod. 10-4-90) Charlotte/Lee 

 16. Guana River Marsh (8-8-94) St. Johns 

 17. Indian River Malabar to Vero Brevard/ Beach 

 Indian River 

 18. Indian River Malabar to Vero Brevard/Beach 
 (additions), except Indian River those Indian River portions of 

Sebastian Creek and Turkey 

Creek upstream of U.S. Highway 

1 (1/26/88) 

 19. Indian River Vero Beach to Indian River/ 

 Ft. Pierce (as mod. 10-4-90) St. Lucie 

 20. Jensen Beach to Jupiter Inlet Martin/Palm 

 (as mod. 10-4-90) Beach/St. Lucie 

 21. Lake Jackson Leon 

 22. Lemon Bay (4-19-88; as mod. 10-4-90) Charlotte/Sarasota 

 23. Lignumvitae Key Monroe 

 24. Loxahatchee River-Lake Worth Creek Martin/ 

 (as mod. 8-8-94) Palm Beach 

 25. Matlacha Pass Lee 

 26. Mosquito Lagoon Volusia/Brevard 

 27. Nassau River-St. Johns River Marshes Nassau/Duval 

 28. North Fork, St. Lucie St. Lucie/Martin 

 29. Oklawaha River (10-4-90) Marion 

 30. Pellicer Creek St. Johns/Flagler 

 31. Pine Island Sound Lee 

 32. Pinellas County Pinellas 

 33. Rainbow Springs (4-19-88) Marion 

 34. Rocky Bayou State Park Okaloosa 

 35. Rookery Bay (12-1-82; as mod. 11-24-87, 7-11-91) Collier 

 36. St. Andrews State Park Bay 

 37. St. Joseph Bay Gulf 

 38. St. Martins Marsh (as mod. 8-8-94) Citrus 

 39. Terra Ceia (5-22-86) Manatee 

 40. Tomoka Marsh Volusia/Flagler 

 41. Wekiva River (12-1-82) Lake/Orange/Seminole 

 42. Wekiva River Addition, except Lake/Seminole/ 

 that portion of the Volusia 

 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 30°25'45" N. Lat. and 85°1'35" 

W. Long.; and 30°25'38" N. Lat. and 85°1'20" W. Long. (12-11-84). 

 2. Aucilla River 

 3. Blackwater River 

 4. Butler Chain of Lakes - consisting of Lake Butler, Lake Down, Wauseon 

Bay, Lake Louise, Lake Palmer (also known as Lake Isleworth), Lake 

Chase, Lake Tibet, Lake Sheen, Pocket Lake, Fish Lake, and the 

waterways 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 canals as defined in Rule 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 (also known as Lake 

Louise), Lake Susan, Lake Crescent, Lake Minnehaha, Lake Winona, 

Lake Palatlakaha, Lake Hiawatha, Lake Minneola, Lake Wilson, Lake 

Cook, 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 waterbodies, defined as any waterbody created by 

dredging, or excavation, or by the filling in of its boundaries, including 

canals as defined in Section 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 Christmas Road 

in Section 2, Township 22 South, Range 32 East; and 

 d. Silcox Branch (branch of Mills Creek) upstream to Lake Pickett; and 

 e. Long Branch upstream to the eastern 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 Soputh, 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 Weewahootee 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, and 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 NE1/4 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 excavation, or by the 

filling in of its boundaries, including canals as defined in Rule 62-

312.020(3), F.A.C. (6-18-92). 

 12. Estero Bay Tributaries including: Hendry Creek to State Road 865, Big 

Bayou, Mullock Creek to U.S. 41 (State Road 45); Mud Creek; Estero 

River (north and south branches) to I-75 Halfway Creek to State Road 41; 

Spring 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 dredging, 

or excavation, or by the filling in of its boundaries, including canals as 

defined in Rule 62-312.020(3), F.A.C. (10-4-90). 

 13. Florida Keys, including channels as defined in Rule 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 point of beginning, thence due east to the 

eastern boundary of the jurisdictional waters of the State of Florida, thence 

meander southerly 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 north of the 

island of Key West; thence northeasterly three leagues distant from the 

most northerly land of the Florida Keys to the intersection with the 

boundary of the Everglades National Park; thence southeasterly, 

northeasterly 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 24°32'13" N. Latitude 

and 81°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 Rule 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 "Cypress 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 crosses 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, Florida 32399-2400 (4-12-95). 

 15. Homosassa River System including: Halls River, Turtle, Otter, 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 defined 

in Rule 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, Sections 13 and 24 in Volusia 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 Rule 62-312.020(3), F.A.C.; and 

 b. any natural water bodies connected by artificial water bodies to the 

above-described system (4-4-01). 

 18. Lake Powell, Phillips Inlet, and all tributaries 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 

corner of Section 29, Township 2 South, Range 17 West; thence South to 

the Northwest corner of the SW1/4 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 
Gulf of Mexico; thence meander Northwest along the 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 identified as the East line of Section 31, Township 39 

South, Range 19 East, including Placida Harbor, Gasparilla Pass, Kettle 

Harbor, Bocilla Lagoon, Bocilla 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 Section 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 created by dredging, or excavation, or by the filling in of 

its boundaries, including canals as defined in Rule 62-312.020(3), F.A.C. 

(4-19-88). 

 23. Ochlockonee River 

 24. Oklawaha River between the eastern line of Section 36, Township 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 Hillsborough and Manatee Counties; thence run 

easterly and northeasterly along the county boundary until intersecting the 

Intracoastal Waterway; thence proceed southerly until intersecting a line 

between 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 and 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; and 

 b. 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 Rule 62-312.020(3), F.A.C. (4-29-

86). 

 e. The designation shall not affect the consideration by the 

Department of an application for Site Specific Alternative Criteria 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 existing 

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 Road 40A, and the following tributaries: 

 a. Unnamed tributary upstream to the Southern section line of Section 

4, Township 17 South, Range 33 East; and 

 b. Unnamed tributary upstream to the Northern section line of Section 

20, Township 16 South, Range 33 East; and 

 c. Unnamed tributary upstream to the Northern section line of Section 

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 Turnbull Creek upstream to 

the Northwestern section line of Section 43, Township 17 South, 

Range 33 East; 

 f. and 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 

Waterway and including Rose Bay upstream 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 Northern 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 upstream 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, together with that portion of Section 19 that is 
southerly of CR 550 (Cortez Blvd.); Township 22 South, Range 16 East, 

Sections 25 and 36; including any and all waters, and wetlands contiguous 

to the tributaries located southerly of the north line of Section 25, 

Township 22 South, Range 16 East and westerly projection thereof and 

easterly of the west line of Section 36, Township 22 South, Range 16 East 

and northerly projection thereof, and easterly of a line through latitude 28o 

32’ 52” North, longitude 82o 39’ 23” West, and through latitude 28o 31’ 47” 

North, longitude 82o 39’ 52” West (North American Datum of 1983). This 

OFW excludes artificial waters 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. (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 System - 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; the 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(2)(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, Vanderbilt Channel), that connects 

Wiggins Pass with Vanderbilt Lagoon through Water Turkey Bay; 

and 

 c) East Channel (for purposes of this designation described as the 

East Channel from its confluence with South Channel to Vanderbilt 

Drive, including all waters surrounding the spoil islands know 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 

County 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; 

 i. but excluding all other tributaries and artificial waterbodies, defined 

as any waterbody created by dredging, or excavation, or by the 

filling in of its boundaries, including canals as defined in Rule 62-

312.020(3), F.A.C. (4-10-89). 

 (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 Wild and Martin/ 

 Scenic River Segment (5-14-86) Palm Beach 

 2. Myakka Florida Wild and Scenic 

 River Segment (5-14-86) Sarasota 

 3. Wekiva Florida Scenic and 

 Wild River Segment (12-1-82) Lake/Seminole 

 (k) Waters within National Preserves 

 National Preserve County

 1. Big Cypress National Preserve Collier/Dade/ 

 as mod. 5-14-86, 4-19-88, 8-8-94) Monroe 

 2. Timucuan Ecological and Historic Preserve (8-8-94) Duval 

 (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 (12-1-82; as mod. 5-14-86, 4-19-88) Franklin/Gulf 

 2. Rookery Bay (as mod. 5-14-86, 4-19-88) Collier 

 (n) Certain Waters within the Boundaries of the National Forests 

 National Forest County

 1. Apalachicola Wakulla/Leon/ 

 a. Sopchoppy River (9-1-82) Franklin 

 b. Big Dismal Sink (9-1-82) 

 2. Ocala Putnam/Marion/ 

 a. Alexander Springs (9-1-82) Lake 

 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, l989, 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", dated June 15, l989, herein adopted by reference. 

 (b) It is the intent of the Commission that water bodies designated 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 Rule 62-302.700(10)(a) shall not be effective until the Florida Legislature 

enacts legislation specifically authorizing protection and maintenance of Outstanding 

National Resource Waters to the extent required by the federal Environmental 

Protection Agency pursuant to 40 CFR 131.12. 

 (c) It is also the intent of the Commission 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 

parameters appropriate for Everglades and Biscayne National Parks status as 

Outstanding National Resource Waters. 

 (d) The baseline for defining the existing ambient water quality (Rule 62-

4.242(2)(c)) in Outstanding National Resource Water is a five year period from March 1, 

1976 to March 1, 1981, unless otherwise indicated. 

Specific Authority 403.061, 403.087, 403.088, 403.804, 403.805 FS. Law Implemented 

403.021, 403.061, 403.062, 403.087, 403.088, 403.101, 403.141, 403.182, 403.502, 

403.702, 403.708, 403.918 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, 10-4-89, 12-20-89, 1-28-90, Transferred from 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 Specific Alternative Criteria. 

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

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

due to natural background conditions or man-induced conditions which cannot be 
controlled or abated. In such circumstances, and upon petition by an affected person or 

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

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

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

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

order establishing alternative criteria. 

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

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

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

Such demonstration shall be based upon relevant factors which include: 

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

water pollution sources affecting the criterion to be altered. 

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

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

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

comparison. 

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

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

may be used for comparison. 

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

designated use of the waters and adjoining waters. 

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

parameters which the Secretary determines to have been demonstrated by the 

preponderance of competent substantial evidence to be more appropriate. 

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

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

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

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

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

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

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

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

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

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

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

then request only that information reasonably needed to clarify or answer new questions 

directly related to the additional information, unless the Department shows good cause 

for not having requested the information previously. 

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

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

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

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

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

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

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

requirements of this subparagraph and its subparts. The petitioner must demonstrate 
that the proposed criterion would fully maintain and protect human health, existing uses, 

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

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

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

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

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

criteria and procedures: 

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

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

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

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

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

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

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

the Indicator Species procedure set forth in Water Quality Standards Handbook

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

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

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

another generally accepted scientific method or procedure to demonstrate with equal 

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

water body. 

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

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

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

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

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

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

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

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

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

stringent result shall govern. 

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

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

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

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

bioavailability of the compound. Such a variance of assumptions, however, shall not be 

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

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

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

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

alternative criterion. 

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

complete its economic impact statement for the proposed criterion. 

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

petition shall include an analysis of the attainability of the alternative criterion. 
 7. No later than 180 days after receipt of a complete petition or after a 

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

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

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

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

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

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

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

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

 1. Biological Integrity. 

 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 result 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 criterion shall not become effective unless 

approved as a rule by the Commission. 

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

Chapter 120, F.S. 

 (3) 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 daily and seasonal fluctuations above the levels listed in the table below shall be 

maintained. 

Water Body 

 

Site Specific Alternative Criteria 

 

County(s) 
and Class 

(a) Marine 

portions of 

the lower St. 

Johns River 

and its 

tributaries 

between 

Julington 

Creek and 

the mouth of 

the river. 

Class III. 

 Dissolved Oxygen not less than a minimum 

concentration of 4.0 mg/L, and a Total Fractional 

Exposure not greater than 1.0 over an annual 

evaluation period as defined by the following 

equation: 

where the number of days in an interval is based on 

the daily average Dissolved Oxygen concentration. 

 Duval/Clay/

St. Johns 

(b) 

Discharge 

wetlands at 

the Orange 

County 

Eastern 

Water 

Reclamation 

Facility. 

Class III. 

 pH of not greater than 8.5 standard units. Orange 

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

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

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

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. 

Maxday 55

mg/L 5.0 - 4.8

between Days

Maxday 47

mg/L 4.8 - 4.6

between Days

Maxday 30

mg/L 4.6 - 4.4

between Days

Maxday 21

mg/L 4.4 - 4.2

between Days

Maxday 16

mg/L 4.2 - 4.0

between Days

Exposure

Fractional Total

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