May 28, 2008

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

Code

Effective May 4, 2007

EPA has completed its review of new a nd revised provisions in the 2006 Chapter 62-302 Surface Water Quality Standards of the Flor id a Administrative Code (FAC). Therefore, all portions of the 2006 Chapter 62-302 Surface Wate r Quality Standards are in effect for Clean Water Act purposes, except for the following provisions:

EPA has not completed its review of the follo wing new or revised wa ter q uality standard submitted by Florida:

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

Reclam ation 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 (Repealed) Specific Authority 403.061, 403.062, 403.087, 403.504, 403. 704, 403.804, 403.805 FS.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 History - New 5- 29-90, Formerly 17-302.100, Repealed 12-26-96.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 LC 50 ) where the 96 hr LC 50 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 effect s 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 bas ed on generally accepted scientific procedures

in waters for which such a mean cannot be calc ulated. For waters for which flow records have been kept for at least the last three y ears, "long-term" shall mean the period of record. For all other waters, "long-term" s hall mean three years (unless the Department finds the data from that peri od not representative of pres ent flow conditions, based on evidence of land use or other changes affect ing 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 (Q hm )

shall be calculated as

Q hm = n __

, 1 + 1 + 1 + 1 + + 1
Q 1 Q 2 Q 3 Q 4 Q n

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 harm onic mean then the harmonic mean shall be estimated by methods as set forth in t he 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 sci entific 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 gener ally 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 pr esence 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 LC 50 ) where the 96 hr LC 50 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 effect s 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 Photosynt hetic 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 subsurfa ce shall be measured simultaneously by

irradiance meters such as the Kahlsico Underwater Irradiameter, Model No. 268 WA 310 or other devices having a co mparable spectral response. (7) "Department" shall mean the Departm ent 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 me tal fraction that passes through a 0.45

micron filter. (10) "Effluent Limitation" shall m ean 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 Significanc e" shall mean that a water body is a part of an ecosystem of unusual value. The ex ceptional 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 Signifi cance" shall mean unusual value as a

resource for outdoor recreation activities. Ou tdoor recreation activities include, but are not limited to, fishing, boating, canoeing, water skiing, swimming, scuba diving, or nature observation. The exceptional signific ance may be in the intensity of present recreational usage, in an unusual quality of re creational experience, or in the potential for unusual future recreational use or experience. (13) "Existing Uses" shall mean any ac tual 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 betw een the economic, social and environmental

costs and the benefits of restorat ion 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 s pecies of flora or fauna whose noxious characteristics or presence in sufficient number, biomass, or areal extent may reasonably be expected to prevent, or unreas onably interfere with, a designated use of

those waters. (17) "Nursery Area of Indigenous Aquat ic 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 per iod of rapid growth and development into the juvenile states. (18) "Outstanding Florida Waters" s hall mean waters designated by the Environmental Regulation Commission as worthy of special protection because of their

natural attributes. (19) "Outstanding National Resource Wa ters" 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 loweri ng 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, contam inants, 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 potent ially harmful or injurious to human health or welfare, animal or plant life, or property, including outdoor recreation. (21) "Predominantly Fresh Waters" sha ll mean surface waters in which the

chloride concentration at the surface is less than 1,500 milligrams per liter. (22) "Predominantly Marine Waters" sha ll mean surface waters in which the chloride concentration at the surface is gr eater 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 Secret ary of the Department of Environmental

Protection. (25) "Shannon-Weaver Diversity Index" shall mean: negative summation (from i=1 to s) of (n i /N) log 2 (n i /N) where s is the number of species in a sample, N is the total number of individuals in a sample, and n i is the total number of individuals in species i. (26) "Special Waters" shall mean wa ter bodies designated in accordance with Section 62-302.700, F.A.C., by the Environm ental Regulation Commission for inclusion in the Special Waters Category of Outstandi ng Florida Waters, as contained in Section 62-302.700, F.A.C. A Special Water may in clude 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 artifi cially or diffused. Water from naturalsprings shall be classified as surface water w hen it exits from the spring onto the earth's

surface. (28) “Total Recoverable Metal” sha ll 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 concentra tions, levels, or narrative statements, representing a quality of water that suppor ts the present and future most beneficial

uses. (30) "Water quality standards" sha ll 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 purs uant 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 Flori da 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 Ju ly 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 s ought whenever attainable. Congress further states in Section 101(a)(3), that it is t he 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 benef its 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 ac tions with the technological progress and thesocial 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 t he 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 t he 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 t he State. They have been established taking

into consideration the use and value of wate rs of the State for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other purposes, and also taking into consider ation 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 bes t scientific knowledge related to the protection of the various designated us es of waters of the State; and 2. The mixing zone, zone of discharge, site specific alternative criteria, exemption, and equitable allocation provisi ons are designed to provide an opportunity

for the future consideration of factors rela ting 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 cr iteria 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 consider ation environmental, technological, social,

economic and institutional factors. The com panion provisions of C hapters 62-4, 62-600, 62-660, F.A.C., approved simultaneously with these Water Quality Standards are incorporated herein by reference as a subs tantive part of the State's comprehensive program for the control, abatement and prevention of water pollution. (d) Without the moderating provis ions 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, Flor ida Statutes, declares that the public policy of the

State is to conserve the waters of the St ate 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 t hat there shall be achieved the highest statutory and regulatory require ments for all new and existing point sources, and all cost-effective and reasonable best management pr actices for nonpoint source control. For the purposes of this rule, highest stat utory and regulatory requirements for new and existing point sources are those which c an 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 C hapters 373 and 403, F.S., and Department

rules. (13) The Department finds that excessi ve 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 pres ently 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 contribut es to new violations of water quality standards or to continuation of existing violati ons is harmful to the waters of this State and shall not be allowed. Waters having wate r 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 cl assification established for them or violate any Department rule or standard, it s hall 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 sha ll permit the discharge if such degradation is necessary or desirable under federal st andards and under circumstances which are clearly in the public interest, and if all ot her 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 grandfat her provisions of Sections 373.414(11) through (16), F.S., or permitted under Secti on 373.4145, F.S., shall be considered incompliance with this subsection if those proj ects 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 pe rmit or renewal of an existing permit for which no expansion of the discharge is propos ed 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 t hat this lowering of water quality is necessary or desirable under federal st andards 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, t hen the applicant seeking renewal of the existing permit shall demonstrate that degradat ion from the discharge is necessary or

desirable under federal standards and under circ umstances 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 Wa ters, 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 HarvestingCLASS III Recreation, Propagation and Maintenance of a Healthy, WellBalanced Population of Fish and Wildlife CLASS IV Agricultural Water Supplies CLASS V Navigation, Ut ility and Industrial Use (2) Classification of a water body accord ing 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 re creation 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 t he suitability of water for the designated useof 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 cr iteria applicable, the designated uses of less stringently regulat ed 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 wate rs of the State by f iling a petition with the Secretary in the form requir ed by Section 120.57, F.S. (7) A petition for reclassification shall reference and be accompanied by the information necessary to support the affirmati ve 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 t he State which establishes more stringent criteria than presently established by th is Chapter shall be adopted, only upon additional affirmative finding by the Environmental Regulation Commission that the proposed designated use is attainable, upon considerati on of environmental, technological, social, economic, and institutional factors. (10) The surface waters of the Stat e 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 specifi ed, the following shall apply: (a) The landward extent of a classifi cation 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 sha ll 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 permi tted 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 wher e county zoning is in effect. Agriculturalareas 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 Nort h Bay (line from West Bay Point on the north to Shell Point on the South) ex cept 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 eas t 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 s outhward 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 Tributarie s - 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 Isl and), 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 IHorse 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 li ne 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 m outh of Nassau Sound, (a line connecting the northeastermost point of Little Tal bot 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 exc eption of area encompassed within 2-mile radius from Apalachicola entranc e 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 confl uence of Sopchoppy and Ochlockonee Rivers eastward to a line through the two flashing beacons marking the end ofthe 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 c enter 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 souther ly 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 westwardalong 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 wa ter 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 Cu t "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 wate r, thence along the line of mean high

water southward to the western ti p 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 gener ally 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 s outh 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 Li ne 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 theunnamed island south of Julies Island, nor theastward 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 m outh 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 Su wanne 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 poi nt of Gomez Key, then southward to the westernmost point of S eahorse Key, then along the southern shoreline of Seahorse Key to its eas ternmost 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: t he East Fork of the Manatee River, the North Fork of the Manatee River, Boggy Creek, Gilley Creek, Poley Branch, Corbit Branch, Little Deep Br anch, Fisher Branch, Ft.Crawford Creek, Webb Branch, Clearwater Branc h, 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 secti on 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 secti on 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 secti on line between Sections 21 and 28 (Township 35 South, Range 19 East) crosses the tributary. h. Unnamed Tributary 2 East B oundary of Section 14, Township 35 South, Range 19 East. i. Unnamed Tributary 3 West B oundary 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 r ed 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 Flori da 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 m outh 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 nor thernmost 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 Intr acoastal 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 Flori da East Coast railroad bridge including Southwest, Northwest, and North Forks. 51. Pasco County - none. 52. Pinellas County

Class IIOld 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 t he southernmost point of Pine Key. 53. Polk County - none. 54. Putnam County - none. 55. St. Johns County

Class II

Guano River and Tributaries - From G uano Lake Dam south to Tolomato River. Matanzas River, Intracoastal Waterway and Tributaries, excluding Treasure Beach Canal System - From Intracoas tal 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 Li ne south to an east-west line through the southern point of Fishhouse Cove. 57. Santa Rosa County

Class II Blackwater Bay - From a line connecti ng 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 Nava rre 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 Count y 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 Intr acoastal 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 por tion of King Bay (Dickerson Bay)

west and north of a line from the wester nmost 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 - Exc ept 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, Formerl y 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, agricultu ral, or other man-induced non-thermal components of discharges which, alone or in combination with other substances or in combination with other components of disc harges (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 signific ant, 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 wh ich, alone, or in combination with other discharges or components of dischar ges (whether thermal or non-thermal): 1. Produce conditions so as to create a nuisance; or 2. Do not comply with applicable pr ovisions 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 qua lity 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 Se ction 403.061(7), F.S.; or,

2. Where relief from such criter ia 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 re view 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 commi ttee 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 c onveyed 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 est ablished water quality criteria based upon computation of concentrations in the receiv ing 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 detecti on limits and indicate non-detectable results in such cases. Unless otherwise specifi ed, 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. Ho wever, cadmium, chromium, copper, lead, nickel, silver, and zinc may be applied as dissolved metals when, as part of a permitapplication, 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 qualit y criterion as set forth in this chapter constitutes pollution. For certain pollutant s, numeric criteria have been established to protect human health from an unacceptable ri sk of additional cancer caused by the consumption of water or aquatic organisms. T hese 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 s pecific numerical criteria applicable to individual classes of water, dissolved oxygen levels that are attributable to natural background

conditions or man-induced conditions whic h cannot be controlled or abated may be established as alternative dissolved oxygen crit eria for a water body or portion of a water body. Alternative dissolved oxygen crit eria may be established by the Secretary or a Director of District Management in c onjunction with the issuance of a permit or other Department action only after public not ice and opportunity for public hearing. The

determination of alternative criteria sha ll be based on consideration of the factors described in Rule 62-302.800(1)(a)1.-4., F.A.C. Al ternative 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 seas onal 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 - Forme rly 17-3.05(1) and (2), Amended 2-12- 75, 8-26-75, 6-10-76, Am ended and Renumbered 3-1-79, Am ended 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 modifi ed by the peninsular configuration and is the area south of latitude 30°N (excluding Gulf and Franklin Counties): and Northern Floridawhich is temperate and continental and is t he 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 dischar ge 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 fu ture discharges into RBW controlled by the State shall not increase the wate r temperature by more than the monthly temperature limits prescri bed for the particular type and location of the RBW. New sources shall include all expansions, modificati ons, alterations, replacements, or repairs which result in an increased output of ten perc ent (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 tem perature 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 environm entally 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 constructi on 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 (t hree-fathom bottom depth contour) which is offshore from any island; exposed or s ubmerged bar or reef; or mouth of any embayment or estuary which is narro wed 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 whic h the effluent physically leaves its carrying conduit (open or closed), and discharges into the waters of the st ate, 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 pa ssed through a cooling system for the purpose of removing such heat from the wate r 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 (nat ural) temperature of any str eam 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 l east two-thirds (2/3) of the width of the stream's surface remains at ambient (natur al) temperature. Further, no more than onefourth (1/4) of the cross-section of the st ream at a traverse perpendicular to the flow shall be heated by the discharge. Heated wate r 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 wa ters 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 y ear, 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 temper ature above 92°F shall be discharged into coastal waters. Further, no heated wate r 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 orclosed 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 PO D 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 t han natural causes shall be maintained. (b) Recapitulation of temperatur e 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 Sect ion 316(a), Public Law 92-500 and regulations promulgated thereunder, includi ng 40 C.F.R. Part 122, by an applicant that the proposed mixing zone will assure the prot ection 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 disc harges from recirculated cooling water systems, and for discharges from non-recircul ated 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 establis hed pursuant to this Rule 62-302.520(6), F.A.C., any otherwise applicable temperature limitations c ontained 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 temperatur e 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, Formerl y 17-3.050, Formerly 17-302.520.

62-302.530 Table: Surface Water Quality Criteria. The following table contains both numeric and na rrative 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 cr iterion exists. The headings for the water quality classifications are found at the top of the Table. Applicable cr iteria 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 rec ognize the statistical variability inherent in sampling and testing procedures. The D epartment’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, Fo rmerly 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 r equirements of the Everglades Forever Act by utilizing the powers and duties grant ed the Department under the Act and other applicable provisions of Chapter 373 and 403, F.S., to establish water quality standards for phosphorus, includi ng 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 m oderating provisions for permits authorizing discharges into the EPA in compliance with water quality standards, including the numeric phosphorus criterion; and3. A method for determining achi evement of the numeric phosphorus criterion, which takes into considerati on spatial and temporal variability, natural background conditions and confidenc e in laboratory results. (2) Findings. (a) The Legislature, in adopting the Ev erglades Forever Act, recognized that

the EPA must be restored both in terms of water quantity and water quality. (b) Best Management Practices (BMP s) 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 requir ed 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 a ccumulations 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, implem entation cost, scheduling, and technical factors in evaluating measures to reduc e phosphorus levels entering the EPA. These studies and other information provided to the Commission show that: 1. At this time, chemical treatment te chnology is not cost-effective for treating discharges entering the EPA and poses the potent ial 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 rest ore impacted areas. The effectiveness of such measures should be determined and maximized prior to requiring additional measures. Optimization shall take into c onsideration viable vegetative technologies, including Periphyton-based STAs that are found to be cost-effective and environmentally acceptable. (f) The District and the Department re cognize 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 phosphor us levels entering the EPA. Achievement of water quality standards for water quality projects required under the Everglades Forever Act can be most effectively and effi ciently 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 P hosphorus Reduction Technology (BAPRT). (i) It is the intent of the Commission t hat 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 phos phorus concentration levels and dischargelimits established in that Agreement fo r 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 nativ e 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 habita t 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 phosphor us criterion for phosphorus in order to guide the implementation of phos phorus 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 Pa rt 131 include general policies that authorize such flexibility under appropriate circum stances, 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 t he Everglades Agricultural Area and the C139 Basin shall be in accordance with Ru les 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 dischar ges from multiple basins. (b) “Long-Term Plan” shall be as def ined 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 ar eas 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 S outh Florida Water Management District. (f) “Optimization” shall be as def ined by Section 373.4592(2)(l), F.S. (g) “Settlement Agreement” shall m ean the Settlement Agreement entered in Case No. 88-1886-Civ-Hoeveler, United States Dis trict Court for the Southern District of Florida, as modified by the Omnibus Or der entered in the case on April 27, 2001. (h) “Technology-based effluent limitat ion” 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 sha ll 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 cons idered deviations from t he 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 criter ion 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 criteri on 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 Departm ent 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 Criteri on 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 criter ion 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 crit erion 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 ac ross all stations is less than or equal to 10 ppb for three of five years; and b. The annual geometric mean averaged ac ross all stations is less than or equal to 11 ppb; and c. The annual geometric mean at all indi vidual stations is less than or equal to 15 ppb. Individual station analyses are representative of onl y that station.

2. Achievement of the criterion s hall be determined based on data collected monthly from the network of monitoring stat ions in the impacted area. Impacted Areas of the water body will have achieved the crit erion 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 ac ross all stations is less than or equal to 10 ppb for three of five years; and b. The annual geometric mean averaged ac ross all stations is less than or equal to 11 ppb; and c. The annual geometric mean at all indi vidual stations is less than or equal to 15 ppb. Individual station analyses are representative of onl y that station. If these limits are not met, no action s hall be required, prov ided that the net improvement or hydropattern restoration pr ovisions 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 techni cal 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 nec essary at stations that are evenly distributed and representative of major natural habitat types to further define the natural spatial and temporal variability and natural ba ckground of phosphorus concentrations in the EPA. As a part of the review, the Department may propose amendments to the achievement method provisions of this ru le 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 variab ility evaluation shall be based on data from at least one climatic drought cycle and data refl ecting the average interior stage of the water body on the dates of sample collection. (f) Data Screening. Data from eac h monitoring station shall be evaluated prior to being used for the purposes of determi ning 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 requirem ents of Chapter 62-160, F.A.C.; or 2. Are excluded through the screeni ng 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 hy drologic 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 Requi rements 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 dischar ges will be at or below the phosphorus criterion set forth in this rule; or 2. Discharges will not cause or cont ribute to exceedences of the phosphorus criterion in the receiving waters, the dete rmination 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 re sult in a violation of the concentration limits established for the Park in Appendi x 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 fo llowing 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, dischar ges into or within the EPA shall be permitted using net improvement as a m oderating 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 m anagement approach based on the best

available information and data to devel op and implement incremental phosphorus reduction measures with the goal of achiev ing the phosphorus criterion. BAPRT shall also include projects and strategies to accele rate 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 achiev e compliance with the criterion set forth in subsection (4) of this rule. Implementati on of BAPRT will result in net improvement in impacted areas of the EPA. The Initia l Phase of the Long-Term Plan shall be implemented through 2016. Revisions to t he Long-Term Plan shall be incorporated through an adaptive management approach incl uding a Process Development and Engineering component to identify and implem ent incremental optim ization 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 identif ied through the Process Development and Engineering component of the Long-Term Plan to evaluate changes necessary tocomply 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 conditi ons of the respective permit or permits for the structures associated with the par ticular basin or basins involved. Until December 31, 2016, such permits shall in clude 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 achiev e compliance with the requirements of paragraph (6)(a)1.a. above;

2. The environmental benefits of est ablishing 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 wit h 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 Re ference. The following document is

referenced elsewhere in this Section and is hereby incorporated by reference: Data Quality Screening Pr otocol, 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 Pr otection Agency under the Clean Water Act, the Department shall bring the matter back before the Commissi on 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. His tory – 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, Outs tanding Florida Waters, Outstanding

National Resource Waters. (1) It shall be the Department policy to afford the highest protection to Outstanding Florida Waters and Outst anding 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 ResourceWaters, respectively, notwithstanding any ot her Department rules that allow water quality lowering. (2) A complete listing of Outstanding Fl orida 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, Preser ves, Memorials, Wildlife Refuges and Wilderness Areas; (b) Waters in the State Park System and Wilderness Areas; (c) Waters within areas acquired th rough 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 Flor ida 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 creat ed 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 B oundaries 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 wr iting 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, c onsistent 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, agr icultural, 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 environm ental, social, and economic benefits of the designation outweigh the environment al, 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 allcircumstances other than temporary degradat ion 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, so cial, and economic costs. (7) The policy of this section shall be implemented through the permitting process pursuant to Se ction 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 defini ng 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 Ou tstanding Florida Water boundary which expanded subsequent to the original date of desi gnation, 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 (a s 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 Beach18. Matlacha Pass (as mod. 8-8-94) Lee

19. Merritt Island Volusia/Brevard 20. National Key Deer (a s 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, Stat e 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 Recr eation 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 St ate 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 Re creation 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) Wakulla21. Falling Waters State Recreation Area Washington 22. Faver-Dykes State Park St. Johns

23. Florida Caverns State Pa rk (as mod. 8-8-94) Jackson 24. Fort Clinch State Park(as mod. 4-19-88; 8-8-94) Nassau 25. Fort Cooper State Pa rk (12-1-82) Citrus

26. Fort Pierce Inlet Stat e Recreation Area (12-1-82; as mod. 5-14-86) St. Lucie 27. Fred Gannon Rocky Bayou St ate 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 St ate 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 Recr eation Area (5-14-86) Okaloosa 33. Highlands Hammock State Park (a s mod. 8-8-94) Highlands/Hardee 34. Hillsborough River Stat e Park Hillsborough 35. Homosassa Springs State Wildlife Park (10-4-90) Citrus 36. Honeymoon Island St ate Recreation Area (12-1-82; as mod. 5-14-86) Pinellas

37. Hontoon Island State Park Volusia/Lake 38. Hugh Taylor Birch Stat e Recreation Area Broward 39. Ichetucknee Springs State Park Columbia/Suwannee

40. John D. McArthur Beach Stat e 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 Recreat ion Area (12-1-82) Manatee

49. Lake Rousseau State Re creation Citrus/Levy/ Area (12-1-82) Marion 50. Lake Talquin State Re creation Area (12-1-82; as mod.5-14-86) Leon

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

52. Little Talbot Island State Park Duval 53. Long Key State Recr eation Area Monroe 54. Lovers Key State Recr eation Area (5-14-86) Lee 55. Manatee Springs State Pa rk (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/Sarasota58. 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 Recr eation 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 Recreat ion Area (12-1-82) Escambia 65. Ponce de Leon Springs State Recreation Area Holmes/Walton

66. Port Charlotte Beac h 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 Ga rdens, 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 G eological Site (10-4-90) Alachua

3. Eden State Gardens Walton 4. Fort Zachary Taylor Stat e Historic Site (10-4-90) Monroe 5. Indian Key State Histori c 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 Bot anical 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 HistoricSite (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 Preserve s, 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 Rese rve (as mod. 4-19-88) Charlotte 5. Crystal River State Reserve (5-14-86; as mod. 4-19-88) Citrus

6. Fakahatchee Strand Stat e 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 Reserv e (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 Pres erve (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) Franklin3. 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 Beac h (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) Walton45. 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 air port 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 C edar 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 lim it 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, Ta ylor 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 Har bor (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 Riv er 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 specificallyidentified 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 incl uding: Potter, Salt, Baird, Johnson, Crawford, Ryle, and Stevenson Creeks, and other tributaries to the Chassahowitzka River; but excluding arti ficial waterbodies, defined as any waterbody created by dredging, or excava tion, 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 Cle rmont Chain of Lakes (5-28-86). 9. Crooked Lake in Polk County incl uding 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 - c onsisting 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 eas tern 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 t he southernmost bifurcation of the creek in Section 20, Township 23 South, Range 32 East; and h. Green Branch upstream to the we stern 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 ofSection 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 Sw amp 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 Cr eek; 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 channel s as defined in Rule 62-312.020(4), F.A.C.,and described as follows: Co mmence 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 wate rs of the State of Florida, thence meander southerly along said eastern boundary to a point due south of the westernmost point of the isl and 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 northeaste rly three leagues distant from the most northerly land of the Flori da Keys to the intersection with the boundary of the Everglades National Park; thence southeasterly, northeasterly and northwesterly al ong 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 appr oximately 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 pow er 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 En vironmental 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 in cluding 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 S outh, 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 theGulf of Mexico; thence meander Northwest along the mean high water line to the West line of Section 35, To wnship 2 South, Range 18 West; thence North to the point of beginning (8-18-91). 19. Lemon Bay Estuarine System - fr om Boca Grande Causeway northward to approximately two thousand feet north west 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 Count y Road 775, Oyster Creek upstream to County Road 775, Ainger (Rock) Cr eek upstream to County Road 775, and Godfrey (Godfried, Gottfried) Cr eek 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 Sect ion 62-312.020(3), F.A.C. (4-29- 86).

20. Little Manatee River - from its mout h 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, exc ept for artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defi ned 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 - consisti ng 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 - gener ally extending from Venice north to the Hillsborough - Manatee County line and specifically described asfollows: 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 Busi ness 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 fr om 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 Ru le 62-312.020(3), F.A.C. (4-29- 86). e. The designation shall not a ffect 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 regulati ons 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 t he Northern section line of Section 20, Township 16 South, Range 33 East; and c. Unnamed tributary upstream to t he 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; andd. 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. Hi ghway 1 following the northerly and southerly municipal limits of the Town of Ponce Inlet to its

intersection with the wester n boundary of the Intracoastal Waterway and including Rose Bay upstream to Nova Road (State Road 5A); h. but excluding all ot her tributaries (7-11-91).

34. Suwannee River 35. Tomoka River upstream to Interstate Highway 4; and the following

tributaries: a. Priest Branch upstream to t he 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 cor ner 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 Secti on 28, Township 14 South, Range 31 East; thence East to the West section line of Section 25, Township 14 South, Range 31 East; thence Sout h 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 t he 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 Spri ng System – consisting of the Weekiwachee Springs and River, Mud Springs and River, Jenkins Creek, Salt Spring and Creek, the Weekiwac hee 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 issoutherly 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 eas terly 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 def ined 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 ot her 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 autho rized 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, V anderbilt 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 wit h 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 dow nstream 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; andf. 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 tributar ies 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 U nder 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, l 989, herein adopted by reference. 2. Everglades National Park, as described in the document entitled "Outstanding National Resource Waters B oundary Description and Map for Everglades National Park", dated June 15, l 989, 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 Envi ronmental 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 authorizi ng 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 proc ess, as outlined in Section 373.451, F.S. and Chapter 62-43, F.A.C., to establis h 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 Wa ter 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, Transferr ed 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 becontrolled or abated. In such circumstanc es, and upon petition by an affected person or upon the initiation by the Department, the Se cretary 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 conditi ons which cannot be controlled or abated. Such demonstration shall be based upon re levant factors which include: 1. A description of the physical natur e 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 c oncern. Conditions in similar water bodies may be used for comparison. 4. A discussion of any impacts of t he proposed alternative criteria on the designated use of the waters and adjoining waters. (b) The Secretary shall specify, by or der, the site specific criteria for the parameters which the Secr etary determines to have been demonstrated by the preponderance of competent substantial evidence to be more appropriate. (2) Type II Site Specific Alternat ive Criteria: In accordance with the procedures set forth below, affected persons may petition the Department to adopt an alternative water quality criterion for a spec ific water body, or portion thereof, on the basis of site-specific reasons other t han those set forth above in subsection 62- 302.800(1), F.A.C. The Departm ent 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 t he petition is sufficiently complete to enable the Department to eval uate the proposed site-specific alternative criterion under subparagraph (c) below. If the pet ition is not sufficiently complete, the Department shall request the submittal of additional information. The Department shall review any additional information within 60 da ys 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 informa tion, 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 pet ition under subparagraph (c) below. (c) The Department shall initiate rulemaking for the Commission to consider approval of the proposed alternat ive criterion as a rule if the petitioner meets all the requirements of this subparagraph and its s ubparts. The petitioner must demonstratethat the proposed criterion would fully main tain 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 demonstr ation), the Department shall issue an order denying the petition. In deciding whether to initiate ru lemaking or deny the petition, the Department shall evaluate the petition and other relev ant information according to the following criteria and procedures: 1. The petition shall include all t he 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 toxici ty, except on a showing that no such assessment is relevant to the particular cr iterion. The assessment of aquatic toxicity shall show that physical and chemical conditi ons 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 alter native criterion, the petitioner may propose another generally accepted scientific method or procedure to demonstrate with equal

assurance that the alternativ e criterion will protect the aquat ic life designated use of the water body.

3. The demonstration shall also in clude a risk assessment that determines the human exposure and health risk associated with the proposed altern ative criterion, except on a showing that no such assessment is relevant to the particular criterion. The

risk assessment shall include all factors and fo llow all procedures required by generally accepted scientific principles for such an a ssessment, such as analysis of existing water and sediment quality, potential transformati on pathways, the chemical form of the compound in question, indigenous species, bioaccumulation and bioconcentration rates, and existing and potential rates of human consumpt ion 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 wh ich 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 charac teristics of the site alter the toxicity or bioavailability of the compound. Such a vari ance 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 refer ence 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 info rmation required for the Department to complete its economic impact stat ement for the proposed criterion. 6. For any alternative criterion more stringent than the existing criterion, the petition shall include an analysis of the atta inability of the alte rnative criterion.7. No later than 180 days after receip t of a complete petition or after a petitioner requests processing of a petiti on not found to be complete, the Department shall notify the petitioner of its decision on the petition. T he Department shall publish in the Florida Administrative Weekly eit her a notice of rulemaking for the proposed alternative criterion or a notice of the denial of the petit ion, as appropriate, within 30 days after notifying the petitioner of the decis ion. A denial of the petition shall become final within 14 days unless timely c hallenged 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 cr iteria 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 concentra tion 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 t he rights afforded to affected persons by Chapter 120, F.S. (3) The Department shall modify permi ts of existing sources affected in a

manner consistent with the Secretary’s Order. (4) Additional relief from criteria es tablished 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 ox ygen 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 t han 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), Am ended 3-1-79, 10-2-80, 2-1-83, Formerly 17-3.031, Amended 6-17-92, Fo rmerly 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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