## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

CHAPTER 62-303
IDENTIFICATION OF IMPA IRED SURFACE WATERS

TABLE OF CONTENTS

PART I

GENERAL

62-303.100 SCOPE AND INTENT. ................................................................................................... 2

62-303.150 RELATIONS HIP BETWEEN PLANNI NG AND VERIFIE D LISTS................................ 3

62-303.200 DEFINITIONS. ................................................................................................................ 3

62-303.300 METHODOLOGY TO DE VELOP THE PLANNING LIST.............................................. 5

62-303.310 EVALUATION OF AQUATIC LIFE USE SU PPORT..................................................... 5

62-303.320 AQUATI C LIFE-BASED WATER QUALITY CRITER IA ASSESSMENT. .................... 6

62-303.330 BIOLOGICAL ASSESSMENT. .................................................................................... 10

62-303.340 TOXICITY. (R EPEALED) ............................................................................................. 11
62-303.350 INTERP RETATION OF NARRA TIVE NUTRIENT CRITERIA. ................................... 11

62-303.351 NUTRIENTS IN STREAMS. ......................................................................................... 12
62-303.352 NUTRIENTS IN LAKES. .............................................................................................. 12
62-303.353 NUT RIENTS IN ESTUARIES AND OP EN COASTAL WATERS . .............................. 12

62-303.360 PRIMARY CONTACT AND RECR E ATION USE SUPPORT...................................... 13

62-303.370 FISH AND S HELLFISH CONS UMPTION USE SUPPORT. ....................................... 13

62-303.380 DRI NKING WATER USE SUPPORT AND PR OTECTION OF HUMAN HEALTH..... 14

62-303.400 METHODOLOGY TO DE VELOP THE VERIFIED LIST.............................................. 15

62-303.410 DETERMI NATION OF AQUATIC LIFE USE SUPPORT. ........................................... 15

62-303.420 AQUATI C LIFE-BASED WATER QUALITY CRITER IA ASSESSMENT. .................. 15

62-303.430 BIOLOGICAL IM PAIRME NT . ...................................................................................... 18

62-303.440 TOXICITY. (R EPEALED) ............................................................................................. 19
62-303.450 INTERP RETATION OF NARRA TIVE NUTRIENT CRITERIA. ................................... 19

62-303.460 PRIMARY CONTACT AND RECR E ATION USE SUPPORT...................................... 20

62-303.470 FISH AND S HELLFISH CONS UMPTION USE SUPPORT. ....................................... 21

62-303.480 DRI NKING WATER USE SUPPORT AND PR OTECTION OF HUMAN HEALTH..... 22

62-303.500 PRIORITIZA TION. ........................................................................................................ 22

62-303.600 EVALUATION OF POLLUTION CONTROL ME C HANISMS...................................... 23

62-303.700 LISTING CY CLE. ......................................................................................................... 23

62-303.710 FORMAT OF VERIFIED LIST AND VERIFIED LIST APPROVAL. ............................ 24

62-303.720 DELISTING PR OCE DURE. ......................................................................................... 24

62-303.810 IMPAIRMENT OF INTERSTATE AND TRIBAL WATERS. ........................................ 27

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

PART I

GENERAL

62-303.100 Scope and Intent. (1) This chapter establishes a methodology to id entify surface waters of the state that will be included on the state’s planning list of wate rs that will be assessed pursuant to subsections 403.067(2) and (3), Florida Statutes (F.S.). It also establishes a methodology to identify impaired waters based on representative dat a that will be included on the stat e’s verified list of impaired waters, for which the Department will calculate To tal Maximum Daily Loads (TMDLs), pursuant to subsection 403.067(4), F.S., and which will be subm itted to the United St ates Environmental Protection Agency (EPA) pursuant to paragraph 303( d)(1) of the Clean Water Act (CWA). (2) Subsection 303(d) of the CWA and section 403.067, F.S., describe impaired waters as those not meeting applicable water quality standards, which is a broad term that includes designated uses, water quality criteria, the Florida antidegradation po licy, and moderating provisions. However, as recogniz ed when the water quality standards were adopted, many water bodies naturally do not meet one or more established water quality criteria at all times, even though they meet their designated use. It is not the intent of th is chapter to include waters that do not meet otherwise applicable water quality criteria solely due to natural conditions or physical alterations of the water body not related to pollutant s. Similarly, it is not the intent of this chapter to include waters where designated uses are being met and where wate r quality criteria exceed ances are limited to those parameters for which permitt ed mixing zones or other moderat ing provisions (such as sitespecific alternative criteria) are in effect. Waters that do not meet otherwise applicable water quality standards due to natural conditions or to pollution not related to pollutants shall be noted in the state’s water quality assessment prepared under subsection 305(b) of the CWA [305(b) Report]. (3) This chapter is intended to evaluate attain ment of water quality standards as set forth in Chapter 62-302, F.A.C., for the purposes of identifying water bodies or segments for which
TMDLs will be established. It is the intent of this chapter to establish requirements that would apply solely for purposes of assessment and listing under CWA sections 303(d) and 305(b). However, it is not the intent of this chapter to establish requirements for other purposes under Florida law. In cases where this chapter relies on numeric indica tors of ambient water quality as part of the methodology for determining whether existing narrative criteria ar e being met, these numeric values are intended to be used only in the context of dev eloping a planning list and identifying an impaired water pursuant to this chapter. As such, exceedances of these numeric values shall not, by themselves, constitute violations of Department rules that would warrant enforcement action. (4) Nothing in this rule is intended to limit any actions by federal, stat e, or local agencies, affected persons, or ci tizens pursuant to other rules or regulations. (5) Pursuant to section 403.067, F.S., impair ed waters shall not be listed on the verified list if reasonable assurance is provided that, as a result of existing or proposed technology-based effluent limitations and other polluti on control programs under lo cal, state, or federal authority, they will attain water quality standards in the future and reasonable progress towards attainment of water quality standards will be made by the time the next 303( d) list is scheduled to be submitted to EPA. Specific Authority 403.061, 403.067 FS. Law Implemented 403.021(11), 403.062, 403.067 FS. History - N ew 6-10-02, Amended 12-11-06.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

62-303.150 Relationship Between Planning and Verified Lists. (1) The Department shall follow the met hodology in Section 62-303.300 to develop a planning list pursuant to subsection 403.067(2), F.S. As required by subsection 403.067(2), F.S., the planning list shall not be used in the administration or implementat ion of any regulatory program, and shall be submitted to EPA for informational purpos es only. Waters on this planning list will be assessed pursuant to subsection 403.067(3), F.S. , as part of the Department’s watershed management approach. During this assessment, t he Department shall dete rmine whether the water body is impaired and whether the im pairment is due to pollutant discharges using the methodology
in Part III. The resultant verifi ed list of impaired waters, which is the list of waters for which TMDLs will be developed by the Department pursuant to subsection 403.067(4), will be adopted by
Secretarial Order and wil l be subject to challenge under subsec tion 120.569 and 120.57, F.S. Once adopted, the list will be submitt ed to the EPA pursuant to parag raph 303(d)(1) of the CWA. (2) Consistent with state and federal requirement s, opportunities for public participation, including workshops, meetings, and periods to s ubmit comments on draft lis ts, will be provided as part of the development of planning and verified lists. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Repromulgated 1-2-07.

62-303.200 Definitions. As used in this chapter: (1) “Bioassessment” shall mean a BioRecon, Lake Condition Index, or Stream Condition

Index. (2) “BioRecon” shall mean a biological evaluation conducted in accordance with standard operating procedures (SOPs) FT 3000, FS 7410, and LT 7100, as promulgated in Rule 62-160.800
F.A.C. (3) “Clean techniques” shall mean those applicable field sampling procedures and analytica l methods referenced in “Method 1669: Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels, July 1996, U SEPA, Office of Water, Engineering and Analysis Division, Washington, D.C.,” whic h is incorporated by reference. (4) “Department” or “DEP” shall mean t he Florida Department of Environmental

Protection. (5) “Designated use” shall mean the present and future most beneficia l use of a body of water as designated by the Envir onmental Regulation Commission by means of the classification system contained in C hapter 62-302, F.A.C. (6) “Estuary” shall mean predominantly marine regions of interaction between riv ers and nearshore ocean waters, where tidal action and river flow mix fresh and salt water. Such areas include bays, mouths of rivers, and lagoons. (7) “Impaired water” shall mean a water body or water body segment that does not meet its applicable water quality standards as set fo rth in Chapters 62-302 and 62-4, F.A.C, as determined by the methodology in Part III of this chapter, due in whol e or in part to discharges of pollutants from point or nonpoint sources. (8) “Lake Condition Index” shall mean t he benthic macroinvert ebrate component of a biological evaluation conducted following the procedures outlined in “Development of Lake Condition Indexes (LCI) fo r Florida,” Florida Department of En vironmental Protection, July, 2000, which is incorporated by reference.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

(9) “Natural background” shall mean the c ondition of waters in the absence of maninduced 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 hist orical pre-alteration data. (10) “Nuisance species” sha ll mean species of flora or fauna whose noxious characteristics or presence in sufficient number, biomass, or areal extent may reasonably be expected to prevent, or unreasonably interfere with, a des ignated use of those waters. (11) “Open coastal waters” shall mean all gulf or ocean waters that are not classified as estuaries or open ocean waters. (12) “Open ocean waters” means all surface waters extending seawar d from the most seaward natural 90-foot (15-fathom) isobath. Contour lines may be determined from National Oceanic and Atmospheric Administration Charts. (13) “Physical alterations” shall mean human-in duced changes to the physical structure of the water body. (14) “Planning list” shall mean the list of surface w aters or segments for which

assessments will be conducted to evaluate whether t he water is impaired and a TMDL is needed, as provided in subsecti on 403.067(2), F.S. (15) “Pollutant” shall be as defined in subsecti on 502(6) of the CWA. Characteristics of a discharge, including dissolved oxygen, pH, or temperature, shall also be defined as pollutants if they result or may result in the potentially harmful alteration of downstream waters. (16) “Pollution” shall be as defined in s ubsection 502(19) of th e CWA and subsection 403.031(2), F.S. (17) “Predominantly marine waters” shall mean s urface waters in which the chloride concentration at the surface is greater than or equal to 1,500 milligrams per liter. (18) “Reference water” means a waterbody that exhibits a range of ph ysical, chemical and biological characteristics approxim ating the natural bac kg round conditions of the same, or similar, type of waterbody within an ecologically similar r egion. A reference water may be representative of the water quality and structure and function of biological communities of natural background conditions even if there is evidence of limited human disturbance in the waterbody or watershed, as long as anthropogenic sources do not produce a signifi cant measurable or predicted effect on the parameter of concer n in the waterbody. (19) “Secretary” shall mean the Secretary of the Florida Department of E nvironmental

Protection. (20) “Spill” shall mean a short- term, unpermitted dischar ge to surface waters, not to include sanitary sewer overflows or chro nic discharges from leaking wastewater collection systems. (21) “Stream” shall mean a fr ee-flowing, predominantly fres h surface water in a defined channel, and includes rivers, creeks, branches, canals, freshwater sloughs, and other similar water

bodies. (22) “Stream Condition Index” shall mean a biol ogical evaluation conducted in accordance with SOPs FT 3000, FS 7420, and LT 7200, as promulgated in Rule 62-160.800, F.A.C. (23) “Surface water” means those waters of the State upon the surface of the earth to their landward extent, whether contained in bounds created naturally or artifi cially or diffused. Water from natural springs shall be classified as surface wate r when it exits from the spring onto the earth’s
surface. (24) “Total maximum daily load” (TMDL) fo r an impaired wat er body or water body segment
shall mean the sum of the individu al wasteload allocations for point sources and the load allocations

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

for nonpoint sources and natural background. Prior to determining individua l wasteload allocations and load allocations, the maximum amount of a pollut ant that a water body or water segment can
assimilate from all sources without exceeding water quality standards must first be calculated. A TMDL shall include either an implicit or explicit ma rgin of safety and a c onsideration of seasonal

variations. (25) “Trophic State Index” or “T SI” means the trophic state in dex for lakes, which is based on lake chlorophyll a, Total Nitrogen, and Total P hosphorus levels, and is calculated following the procedures outlined on pages 86 and 87 of the State’ s 1996 305(b) report, wh ich are incorporated by reference. (26) “Verified list” shall mean the list of impaired water bodies or segments for which

TMDLs will be calculat ed, as provided in subsecti on 403.067(4), F.S., and which will be submitted to EPA pursuant to paragraph 303(d)(1) of the CWA. (27) “Water quality criter ia” shall mean elements of St ate water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports the present and future most beneficial uses. (28) “Water quality standards ” shall mean standards composed of designated present and future most beneficial uses (classification of waters), the numerical and narrati ve criteria applied to the specific water uses or classification, t he Florida antidegradation po licy, and the moderating provisions (mixing zones, site-specific alternativ e criteria, and exemptions) contained in Chapter 62- 302, F.A.C., and in Chapter 62-4, F.A.C., adopted pursuant to Chapter 403, F.S. (29) “Water segment” shall mean a portion of a w ater body that the Department will assess and evaluate for purposes of determining whether a TMDL will be required. Water segments previously evaluated as part of the Department’s 1998 305(b) Report ar e depicted in the map titled “Water Segments of Florida,” which is incorporated by reference. (30) “Waters” shall be those surface waters described in Section 403.031(13), Florida
Statutes. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

PART II
THE PLANNING LIST

62-303.300 Methodology to D evelop the Pla nning List. (1) This part establishes a methodology for developing a planning list of waters to be assessed pursuant to subsecti ons 403.067(2) and (3), F.S. (2) Waters on the list of water segments submitted to EPA in 1998 that do not meet the data sufficiency requirements for the planning list shall nevertheless be included in the state’s initial planning lis t developed pursuant to this rule. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.310 Evaluation of A quatic Life Use Support. A Class I, II, or III water shall be placed on the pl anning list for assessment of aquatic life use support (propagation and maintenance of a healthy, we ll-balanced population of fi sh and wildlife) if, based on sufficient quality and quantity of data, it:

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

(1) Exceeds applicable aquatic life-based thresholds as outlined in section 62-303.320,
F.A.C. (2) Does not meet biological assessment thre sholds for its w ater body type as outlined in section 62-303.330, F.A.C., or (3) Exceeds nutrient thresholds as outlined in section 62-303.350, F.A.C. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.320 Aquatic Life-Based Wate r Quality Criteria Assessment. (1) Water segments shall be placed on the plan ning list if, using objec tive and credible data, as defined by the requirements specified in this section, t he number of samples that do not meet an applicable water quality criter ion due to pollutant discharges is greater than or equal to the number listed in Table 1 for the given sample size. For sample sizes up to 500, waters are placed on the planning list when 10% or more of the samples do not meet the applicable criteria with a minimum of an 80% confidence level using a binomia l distribution. For sample sizes greater than 500, the Department shall calculate the number of samples not meeting the criterion that are needed to list the waterbody with an 80% confidence level for the given sample size using the

binomial distribution.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

Table 1: Planning List Minimum number of samples not meeting an applicable water quality criterion needed to put a water on the planning list with at least 80% confidence.

Sample sizes Sample sizes

From To Are listed if they have at

least this # of

sa mples that

do not meet a

criterion From To Are listed if they have at

least this # of

sa mples that

do not meet a

criterion

10 15 3 256 264 31

16 23 4 265 273 32

24 31 5 274 282 33

32 39 6 283 292 34

40 47 7 293 301 35

48 56 8 302 310 36

57 65 9 311 320 37

66 73 10 321 329 38

74 82 11 330 338 39

83 91 12 339 348 40

92 100 13 349 357 41

101 109 14 358 367 42

110 118 15 368 376 43

119 126 16 377 385 44

127 136 17 386 395 45

137 145 18 396 404 46

146 154 19 405 414 47

155 163 20 415 423 48

164 172 21 424 432 49

173 181 22 433 442 50

182 190 23 443 451 51

191 199 24 452 461 52

200 208 25 462 470 53

209 218 26 471 480 54

219 227 27 481 489 55

228 236 28 490 499 56

237 245 29 500 500 57

246 255 30

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

(2) The Department’s Florida Storage and Retrieval (FLASTORET) database, or its successors, shall be the primary source of data us ed for determining whether samples do not meet water quality criteria. As required by rule 62-40.540(3), F.A.C., the Department, other state agencies, the Water Management Districts, and local governments collecting surface water quality

data in Florida shall enter the dat a into FLASTORET within one year of collection. Other sampling

entities that want to ensure thei r data will be considered for evaluat ion should ensure their data are entered into FLASTORET. The Department shall cons ider data submitted to the Department from
other sources and databases if t he data meet the sufficiency and dat a quality requirements of this

section. (3) Unless information presented to the Depar tment demonstrates otherwise, data older than ten years at the ti me the water segment is proposed for listi ng on the planning list are not representative of current conditi ons and shall not be used to devel op planning lists, except to

evaluate historical trends in ch lorophyll a or TSIs. Any determi nations by the Department to use data older than 10 years shall be documented, and t he documentation shall in clude the basis for the

decision that the data are representative of current conditions. Fu rther, more recent data shall take precedence over older data if: (a) The newer data indicate a change in wa ter quality and this change is related to changes in pollutant loading to the watershed or improved pollution control mechanisms in the watershed contributing to the assessed area, or (b) The Department determines that the older data do not meet the data quality requirements of this section or are no longer repres entative of the w ater qualit y of the segment. The Department shall note for the reco rd that the older data were ex cluded and provide details about why the older data were excluded. (4) To place a water segment on the planning list using Table 1, a water segment shall have a minimum of ten samples for the ten-year per iod, with at least five temporally independent samples. To be treated as a te mporally independent sample, samples shall be at least one week apart, regardless whether the samples are collected at different locations within the segment. (a) Samples collected at the same location le ss than four days apart shall be considered as one sample, with the median value used to represent the sampling peri od. Howev er, if any of the individual dissolved oxygen (DO) values are less than 1.5 mg/l or , for other parameters, individual values exceed acutely toxic levels as listed in T able 2, then the worst case value shall be used to represent the sampling period. The worst case value is the minimum value for DO, both the minimum and maximum for pH, or the maximum val ue for other parameters. However, when DO data are available from diel or depth profile studies, the lower tenth pe rcentile value shall be used to represent worst case conditions for com parison against the minimum criteria. (b) Samples collected within 200 meters of each other will be considered the same station or location, unless there is a tributary, an outfa ll, or significant change in the hydrography of the

water. (c) Samples collected from different stations within a water segment shall be ass essed as separate samples even if collected at the same time. (d) In making the determination to list water segments, the Departme nt shall consider ambient background conditions, including seasonal and other natural variation s.

Table 2. Acutely Toxic Levels for Parameters with Aquatic Life-Based

Criteria

Parameter Units Freshwater Value Marine Value

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

Aldrin ug/L 3 1.3

Aluminum ug/L 750 N/A

Arsenic ug/L 340 69

Cadmium ug/L exp((1.0166*(lnH))-3.924) 40

Chlordane ug/L 2.4 0.09

Chlorine ug/L 19 13

Chromium III ug/L exp((0.8190(lnH))+3.7256) N/A

Chromium VI ug/L 16 1100 Copper ug/L exp((0.9422*(lnH))-1.700) 5.8 Cyanide ug/L 22 1

DDT ug/L 1.1 0.13

Dieldrin ug/L 0.24 0.71

Endosulfan ug/L 0.22 0.034

Endrin ug/L 0.086 0.037 Heptachlor ug/L 0.52 0.053

Lead ug/L exp((1.273(lnH))-1.460) 221

Lindane ug/L 0.95 0.16

Nickel ug/L exp((0.8460(lnH))+2.255) 75

Parathion ug/L 0.065 N/A Pentachlorophenol ug/L exp(1.005(pH)-4.869) 13

Selenium ug/L N/A 290

Silver ug/L exp((1.72(lnH))-6.59) 2.2 Toxaphene ug/L 0.73 0.21

Zinc ug/L exp((0.8473(lnH))+0.884) 95

(5) For predominantly marine waters, the D epartment shall evaluate b oth the minimum allowable DO of 4.0 mg/l and the da ily average DO criterion of 5.0 mg/l using Table 1. At least four temporally independent samples are required to calculate the daily average for any given day. For DO, temporally independent shall be defined as at least 4 hours apart. If there are sufficient data to determine daily averages for more than one day withi n a four-day period, th e Department shall use the median value of the daily averages to represent the sampling period. (6) Notwithstanding the require ment s of paragraph (4), water segments shall be included on the planning list if: (a) There are less than ten samples for t he segment, but there are three or more temporally independent samples t hat do not meet an applicable water quality criterion, or (b) More than one sample does not meet an ac ute toxicity-based wate r quality criterion listed in Chapter 62-302.530, F.A.C., or a water quality criteri on for a synthetic organic compound or synthetic pesticide in any three year period. (7) Values that exceed possible physical or chemical measurement constraints (pH greater than 14, for example) or that represent data transcription errors shall be excluded from the assessment. Outliers identified through statisti cal procedures shall be evaluated to determine whether they represent valid measures of water qua lity. If the Department determines that they are not valid, they shall be excluded from the assessment. However, the Department shall note for the

record that the data were excluded and explain why they were excluded. (8) The Department shall consider all read ily available water quality data collected and analyzed in accordance with Chapter 62-160, F.A. C. If requested, t he sampling agency must

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

provide to the Department all of the data quality assessment elem ents listed in Table 2 of the Department’s Guidance Document “D ata Quality Assessment Elements for Identification of Impaired Surface Waters” (DEP EAS 01-01, April 2001), which is incorporated by reference. (9) For the assessment of metals criteria, (a) Surface water data for mercury sha ll be collected and analyzed us ing clean sampling and analytical techniques, and (b) The corresponding hardness value shall be requi red for freshwater metals criteria that are hardness dependent. If the ambient hardness value is less than 25 mg/L as CaCO 3 , then a
hardness value of 25 will be used to calculate the cr iteria. If data are not used due to sampling or analytical techniques or because hardness data were not available, the Department shall note for

the record that data were excluded and explain why they were excluded. (10) Surface water data with values below the applicable prac tical quantification limit (PQL) or method detection limit (MDL) s hall be assessed in accordance with Rules 62-4.246(6)(b)-(d) and (8), F.A.C. (a) If sampling entities want to ensure that their data will be considered for evaluation, they should review the Department’s list of ap proved MDLs and PQLs developed pursuant to Rule 62-4.246, F.A.C., and, if availabl e, use approved analytical methods with MDLs below the applicable water quality criteria. If ther e are no approved methods with MDLs below a criterion, then the method with the lowest MDL should be used. Analyt ical results listed as below detection or below the MDL shall not be used for developing planning li sts if the MDL was above the criteria and there were, at the time of sample collection, approved analytical methods with MDLs below the criteria on the Department’s list of approved MDLs and PQLs. (b) If appropriate analytical methods were used, then data with values below the applicable MDL will be deemed to meet the applicable water quality crit erion and data with values
between the MDL and PQL will be deemed to be equal to the MDL. (11) It should be noted that the dat a requirement s of this rule constitute the minimum data set needed to assess a water segment for impairm ent. Agencies or groups designing monitoring networks are encouraged to consult with the D epartment to determine the sample design appropriate for their spec ific monitoring goals. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.330 Biologi cal Assessment. (1) Biological data must meet the requirem ents of paragraphs (3) and (8) in section 62- 303.320, F.A.C. (2) Bioassessments used to assess streams and lakes under this rule shall inc lude BioRecons, Stream Condition Indi ces (SCIs), and the benthic macroi nvertebrate component of the Lake Condition Index (LCI), whic h only applies to clear lakes with a color less than 20 platinum cobalt units. Because these bioassessment procedur es require specific training and expertise, persons conducting the bioassessments must comply with the quality assu rance requirements of Chapter 62-160, F.A.C., attend at least eight hours of Department sanctioned field training, and pass a Department sanctioned field audit that verifies the sampler follows the applicable SOPs in Chapter 62-160, F.A.C., before th eir bioassessment data will be considered valid for use under this

rule.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

(3) Water segments with at least one failed bioa ssessment or one failure of the biological integrity standard, Rule 62-302. 530(11), F.A.C., shall be included on the planning list for assessment of aquatic life use support. (a) In streams, the bioassessment shall be ei ther an SCI or a BioRec on. Failure of a bioassessment for streams consists of a “poor” or “very poor” rating on the Stream Condition Index, or a “fail” rating on the BioRecon. (b) Failure for lakes consists of a “poor” or “very poor” rating on the Lake Condition Index. (4) Other information relevant to the biological in tegrity of the water segment, including

toxic ity tests and information about alterations in t he type, nature, or functi on of a waterbody, shall also be considered when assessing aquatic life use support. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.340 Toxicity. (Repealed) Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Repealed 12-11-06.

62-303.350 Interpretation of Narr ative Nutrient Criteria. (1) Trophic state indices (TSIs) and annual mean chlorophyll a values shall be the primary means for assessing whether a water should be a ssessed further for nutri ent impairment. Other information indicating an imbalance in flora or f auna due to nutrient enrichment, including, but not limited to, algal blooms, excessive macrophyte growth , decrease in the distribut ion (either in density or areal coverage) of seagrasse s or other submerged aquatic vegeta tion, changes in algal species richness, and excessive diel oxygen swings, shall also be considered. (2) To be used to determine whether a water body should be assessed further for nutrient enrichment, (a) Data must meet the requi rements of paragra phs (2)-(4), (7), and (8) in rule 62- 303.320, F.A.C. (b) At least one sample from each season shall be required in any giv en year to calculate a Trophic State Index (TSI) or an annual mean chlorophyll a value for that year (for purposes of this chapter, the four seasons shall be January 1 th rough March 31, April 1 through June 30, July 1 through September 30, October 1 through December 31), (c) If there are multiple chlo rophyll a or TSI values within a season, the average value for

that season shall be c alculated from the individual values and the four quarterly values shall be averaged to calculate the annual mean for that calendar year, (d) For data collected after the effective date of this rule, ind ividual TSI values shall only be calculated when the nitrogen, phosphorus, and chlor ophyll data were collected at the same time and location, (e) If there are insufficient data used to calc ulate a TSI or an annual mean chlorophyll a value in the planning period, but there are data from at least four consecutive seasons, the mean TSI or mean chlorophyll a value for the consecutiv e seasons shall be used to assess the waterbody, (f) There must be annual means from at least four years when evaluating the change in
TSI over ti me pursuant to paragraph 62-303.352(3), F.A.C., and (g) To be assessed under this rule, chlorophyll a data collec ted after the effective date of this rule shall be corrected chlorophyll a, except fo r data used to establish historical chlorophyll a levels. Corrected chlorophyll a is the calculated c oncentration of chlorophyll a remaining after the

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

chlorophyll degradation product, phaeop hytin a, has been subtracted from the uncorrected chlorophyll a measurement. (3) When comparing changes in ch lorophyll a or TSI values to hi storical levels, historical levels shall be based on the lowest five-year average for the period of record. To calculat e a fiveyear average, there must be annual means from at least three ye ars of the five-year period. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.351 Nutrients in Streams. A stream or stream segment s hall be included on the planning lis t for nutrients if the following biological imbalances are observed: (1) Algal mats are present in sufficient quantities to pose a nuisance or hinder reproduction of a threat ened or endangered s pecies, or (2) Annual mean chlorophyll a concentrations ar e greater than 20 ug/l or if data indic ate annual mean chlorophyll a values have increased by mo re than 50% over historical values for at least two consecutive years. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Repromulgated 1-2-07.

62-303.352 Nutrients in Lakes. For the purposes of evaluating nutrient enrichment in lakes, TSIs shall be calc ulated based on the procedures outlined on pages 86 and 87 of the Stat e’s 1996 305(b) report, wh ich are incorporated by reference. Lakes or lake segments shall be included on the planning list for nutrients if: (1) For lakes with a mean color greater than 40 platinum cobalt units, the annual mean TSI for the lake exceeds 60, unl ess paleolimnological information i ndicates the lake was naturally greater than 60, or (2) For lakes with a mean color less than or equal to 40 platinum cobalt units, the annua l
mean TSI for the lake exceeds 40, unless paleolimnological information indicates the lake was naturally greater than 40, or (3) For any lake, data indicate that a nnual mean TSIs have increased over the assessment period, as indicated by a positive slope in the means plotted versus time, or the annua l mean TSI has increased by more than 10 units over hi storical values. When evaluating the slope of mean TSIs over time, the Department shall require at least a 5 unit increase in TSI over the assessment period and use a Mann’s one-sided, uppe r-tail test for trend, as described in Nonparametric Statistical Methods by M. Holl ander and D. Wolfe (1999 ed.), pages 376 and 724 (which are incorporated by referenc e), with a 95% confidence level. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.353 Nutrients in Estuaries and Open Coastal Waters. Estuaries, estuary segments, or open coastal waters shall be included on the planning list for
nutrients if their annual m ean chlorophyll a for any year i s great er than 11 ug/l or if data indicate annual mean chlorophyll a values have increased by mo re than 50% over historical values for at least two consecutive years. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

62-303.360 Primary Contact a nd Recreation Use Sup port. (1) A Class I, II, or III water shall be plac ed on the planning list for evaluating primary contact and recreation use support if: (a) There is a sufficient number of samples from the water segment that do not meet the applicable water qualit y criteria for bacteriologica l quality based on the methodology described in Rule 62-303.320, F.A.C., with th e exception that par agraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as daily samples, or (b) The water segment includes a bathing area that was closed by a local health Department or county gov ernment for more than one week or more than once during a calendar year based on bacteriological dat a, or (c) The water segment includes a bathing area for which a local hea lth Department or county government has issued closures, advisories, or warnings totaling 21 days or more during a calendar year based on bacteriological data, or (d) The water segment includes a bathing area that was closed or had advisories or warnings for more than 12 weeks during a calendar year based on previous bacteriological data or on derived relationships between bacteri a levels and rainfall or flow, or (e) The water segment includes a sampling location that has one or more monthly geometric mean values above the m onthly geometric mean fecal colifo rm or enterococci criterion during the planning period. To ca lculate a monthly geometric mean, there shall be at least ten samples collected within that month, with at leas t one sample from each full week of the month. (2) When evaluating a water segment for bacte ri ological quality under paragraph (1)(a),
the criterion used for fecal coliforms shall be t hat the Most Probable Num ber (MPN) or Membrane Filter (MF) shall not e xceed 400 counts per 100 ml. (3) For data collected after August 1, 2000, the Florida Department of H ealth (DOH) database shall be the primary source of data used for determining bathing area closures. (4) Advisories, warnings, and closures based on red tides, rip tides, sharks, hurri canes, or short-term releases of pollutants, such as sewage spills that have been repaired and medical wastes, shall not be included when assessing re creation use support. However, the Department
shall note for the record that data were excluded and explain why they were excluded. Specific Authority 403.061, 403. 067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10- 02, Amended 12-11-06, 9-4-07.

62-303.370 Fish and Shellfish Consumption Use Supp ort. A Class I, II, or III water shall be placed on the plann ing list for fish and shellfis h consumption if: (1) There is a sufficient number of samples from the water segment that do not meet the applicable Class II water quality criteria for ba cteriologic al quality based on the methodology described in Rule 62-303.320, F.A.C., with the ex ception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different da ys within any four day period will be assessed as daily samples,or (2) There is either a limited or no consumpt ion fish consumption advis ory, issued by the DOH, or other authorized gover nmental entity, in effect for the water segment, or (3) For Class II waters, the water segment includes an area that is classified by the Department of Agriculture and Co nsumer Services’ Shellfish En vironmental Assessment Section (SEAS) in one of the follo wing she llfish harvesting classifications:

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

(a) Restricted or conditionally restricted, (b) Conditionally approved, ex cluding any areas for which SEA S ident ified only wildlife as the potential source of bacteriological contamination for the shellfish harvesting area, or (c) Prohibited, unless the prohi bited classification is precaut ionary and not based on water quality data. (4) For Class II waters, the water segment in cludes a sampling location that has a median fecal coliform MPN value that exceeds 14 counts per 100 ml for the planning period. To calculate a median value for a sampling location, there s hall be at least 10 samples collected during the planning period. (5) When evaluating a water segment for bacteri ological quality under subsection (1), the criterion in subsection 62-302.530(6), F.A.C., used for fecal coliform shall be that the MPN shall not exceed 43 counts per 100 ml. Specific Authority 403.061, 403. 067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10- 02, Amended 12-11-06, 9-4-07.

62-303.380 Drinking Water Use Support and Protection of Human Health. (1) A Class I water shall be placed on the planning list for drinking water use support if: (a) There is a sufficient number of samples from the water segment that do not meet the applicable Class I water quality criteria based on the methodology described in Rule 62-303.320, F.A.C., with the exception t hat paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days withi n any four day period will be a ssessed as daily samples, or (b) A public water system demonstrates to the D epartment that either:

1. Treatment costs to meet applicable drinking water criter ia have incr eased by at least
25% to treat contaminants that exceed Class I crit eria or to treat blue-gr een algae or other nuisance algae in the source water, or 2. The system has changed to an alternativ e supply bec ause of additional costs that would be required to treat their surface water source. (c) The water segment includes a sampling location that has one or more monthly geometric mean values above the monthly geometric mean fecal co liform cri terion during the planning period. To calculate a monthly geometric mean value for a sampling location, there shall be at least five samples collected with in that month, with at least one sa mple from each full week of the

month. (2) When determining increased treatment co sts described in paragraph (b), costs due solely to new, more stringent drinking water requi rements, inflation, or increases in costs of

materials shall not be included. (3) A water shall be placed on the planning list for assessment of the threat to human
health if: (a) For human health-based criteria expresse d as maximums, the water segment does not meet the applic able cr iteria based on the methodology described in Rule 62-303.320, F.A.C., or (b) For human health-based criteria expre ssed as annual averages, the annual average concentration for any year of t he assessment period exceeds the cr iteria. To be used to determine
whether a water should be assessed further fo r human-health impacts, data must meet the requirements of subsections (2), (3), (6), and (7) in Rule 62-303.320, F.A.C. (4) When evaluating a water segment for bacte ri ological quality under paragraph (1)(a),
the criterion used for fecal coliforms shall be that the MPN or MF shall not exceed 400 counts per

100 ml.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

Specific Authority 403.061, 403. 067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10- 02, Amended 12-11-06, 9-4-07.

PART III
THE VERIFIED LIST

62-303.400 Methodology to Deve lop the Verified List. (1) Waters shall be verified as being impaired if they meet the requirements for the planning lis t in Part II and the additional requirements of sections 62-303.420-.480, F. A.C. A water body that fails to meet the mini mum criteria for surface waters established in Ru le 62-302.500, F.A.C.; any of its designated uses, as described in this part; or applicable water quality criteria, as described in this part, sha ll be determined to be impaired. (2) Additional data and information collected a fter the development of the plannin g list will be considered when assessing waters on the planning list, provided it meet s the requirements of this chapter. In cases where add itional data are needed fo r waters on the planni ng list to meet the data sufficiency requirements for the verified list, it is the Department’s goal to collect this additional data as part of its watershed m anagement approach, with the data collected during either the same cycle that the water is initially listed on the planni ng list (within 1 year) or during the subsequent cycle (six years). (3) Unless information presented to the Departm ent demonstrates otherwise, data more than 7.5 years old at the time the water segment is proposed for listing on the verified list are not representative of current condition s and shall not be used except to evaluate historical trends in chlorophyll a or TSIs. Any determi nations by the Department to use data older than 7.5 years shall be documented, and the documentation shall include the basis for the decision. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.410 Determination of A quatic Life Use Supp ort. Failure to meet any of the metrics used to de termine aquatic life use support listed in sections 62-
303.420-.450 shall constitute verification that t here is an impairment of the designated us e for propagation and maintenance of a healthy, well- balanced population of fish and wildlife. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Repromulgated 1-2-07.

62-303.420 Aquatic Life-Based Wate r Quality Criteria Assessment. (1) The Department shall reexamine the dat a used in rule 62-303.320, F.A.C., to determine whether water qualit y criteria are met. (a) If values exceeding the criteria are not due to pollutant discharges or reflect natural background conditions, including seasonal or other nat ural variations, the water shall not be listed on the verified list. In such cases, the Department shall note for the record why the water was not listed and provide the basis for its determination t hat the exceedances were not due to pollutant discharges. (b) If the Department has information suggesting that the values not meeting the criterion

are due to natural bac kground condi tions, including information about t he in-stream concentrations of TN, TP, and BOD relative to comparable referenc e waters for waterbodies with values below the DO criterion, it is the Department’s intent to support that conclusion through the use of

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

bioassessment procedures referenced in section 62-303.330, F.A.C. The water body or segment shall not be included on the verified list for the par ameter of concern if two or more independent

bioassessments are conducted and no failures are reported. To be treated as independent bioassessments, they must be conducted at least two months apart, within the assessed segment downstream of where the samples were meas ured, and after the samples were measured. (2) If the water was listed on the planning list and there were in sufficient data from the last five years preceding the planning list assessment to meet the data dist ribution requirements of section 303.320(4), F.A.C., and to m eet a minimum sample size for verification of twenty samples, additional data will be collected as needed to provide a minimum sample size of twenty. Once these additional data are collected, t he Department shall re-evaluate t he data using the approach outlined in rule 62-303.320(1), F.A.C., but using Table 3, and place waters on the verified list when 10% or more of the samples do not meet the applicable criteria, with a minimum of a 90% confidence level using a binomial distribution. The Department s hall limit the analysis to data collected during the five years preceding the planning list assessment and the additional data collected pursuant to this paragraph. For sample sizes greater than 500, the Department shall calc ulate the number of samples not meeting the criteri on that are needed for the given sample size using the binomial

distribution.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

Table 3: Verified List Minimum number of samples not meeting an applicable water quality criterion needed to put a water on the Verified list with at least 90% confidence.

Sample sizes Sample sizes

From To Are listed if they have at

least this #of

sa mples that do

not meet a

criterion From To Are listed if they have at

least this # of

sa mples that

do not meet a

criterion

20 25 5 254 262 33

26 32 6 263 270 34

33 40 7 271 279 35

41 47 8 280 288 36

48 55 9 289 297 37

56 63 10 298 306 38

64 71 11 307 315 39

72 79 12 316 324 40

80 88 13 325 333 41

89 96 14 334 343 42

97 104 15 344 352 43

105 113 16 353 361 44

114 121 17 362 370 45

122 130 18 371 379 46

131 138 19 380 388 47

139 147 20 389 397 48

148 156 21 398 406 49

157 164 22 407 415 50

165 173 23 416 424 51

174 182 24 425 434 52

183 191 25 435 443 53

192 199 26 444 452 54

200 208 27 453 461 55

209 217 28 462 470 56

218 226 29 471 479 57

227 235 30 480 489 58

236 244 31 490 498 59

245 253 32 499 500 60

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

(3) If the water was placed on the planning list based on worst case values used to represent multiple samples tak en during a four day period, the Department shall evaluate whether
the worst case value should be excluded from the anal ysis pursuant to subsections (4) and (5). If the worst case value should not be used, the D epartment shall then re-eva luate the data following the methodology in rule 62-303.420(2), F.A.C., using t he more representative worst case value or, if

all valid values are below acutel y toxic levels, the median value. (4) If the water was listed on the planning list based on samples that do not meet water quality criteria for metals, the me tals data shall be excluded if it is determined that the quality assurance requirements of rule 62-303.320(8), F.A.C. , were not met or that the sample was not collected and analyzed using clean tec hniques, if the use of clean tec hniques is appropriate. The Department shall re-evaluate the remaining valid data using the methodology in rule 62-303.420(2), F.A.C., excluding any data that cannot be validated. (5) Values that exceed possible physical or chemical measurement constraints (pH greater than 14, for example) or that represent data transcription errors, outliers the Department

determines are not valid measures of water quality, water quality crit eria exceedances due solely to violations of specific effluent lim itations contained in state permits authorizing discharges to surface waters, water quality criteria exceedances within permitted mixing zones for those parameters for which the mixing zones are in effect, and water quality data collected following contaminant spills, discharges due to upsets or bypasses from permitted fa cilities, or rainfall in excess of the 25-year, 24-hour storm, shall be excluded fr om the assessment carried out under this rule. However, the Department shall note for the re cord that the data were excl uded and explain why they were

excluded. (6) Once the additional data review is completed pursuant to paragraphs (1) through (5), the Department shall re-evaluate the data and shall in c lude waters on the verified list that meet the criteria in rules 62-303.420(2) or 62-303.320(6)(b), F.A.C. (7) Notwithstanding the requirements of par agraph (2), water segments shall als o be included on the verified list if, based on repres entative data collected and analyzed in accordance with Chapter 62-160, F.A.C.: (a) There are less than twenty samples, but t here are five or more samples that do not meet an applicable water quality criterion based on dat a from a t least five temporally independent sampling events, or (b) Scientifically credible and compelling in formation regarding the magnitude, frequency, or duration of samples that do not meet an applicable water quality cr iterion provides overwhelming evidence of impairment. Any determinations to list waters based on this provision shall be documented, and the documentation shall include the basis for the decision. (c) For any water chemistry data used to lis t waters under this paragraph, the Department

shall include in the administrative record all of the applicable data qualit y assessment elements listed in Table 2 of the Departm ent’s Guidance Document “Data Quality Assessment Elements for Identification of Impair ed Surface Waters” (DEP EAS 01-01, April 2001). Specific Authority 403.061, 403.067 FS. Law Implemented 403.021(11), 403.062, 403.067 FS. History - N ew 6-10-02, Amended 12-11-06.

62-303.430 Biological Impairment. (1) All bioassessments used to list a water on the verified list shall be conducted in

accordanc e with Chapter 62-160, F.A.C., including Department-approv ed Standard Operating Procedures. To be used for placing waters on the verified list, any bioassessments conducted

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

before the adoption of applicable SOPs for such bioassessments as part of Chapter 62-160, F.A.C., shall substantially comply with the subsequent SOPs. (2) If the water was listed on the planning li st based on bioassessment results, the water

shall be det ermined to be biologically impaired if there were two or more failed bioassessments within the five years preceding the planning list assessment. If there were less than two failed bioassessments during the last fi ve years preceding the planning list assessment, the Department

will conduct an additional bioassessmen t. If the previous failed bioassessment was a BioRecon,
then an SCI will be conducted. Failure of this additiona l bioassessment shall constitute verification

that the water is biol ogically impaired. (3) If the water was listed on t he planning list based on other informati on specified in rule 62-303.330(4), F.A.C., indicating biological impairment, the Department will conduct a bioassessment in the water segment, conducted in accordance with the methodology in rule 62- 303.330, F.A.C., to verify whether the water is im paired. For streams, t he bioassessment shall be
an SCI. Failure of this bioassessment shall constitu te verification that the water is biologically impaired. (4) Following verification that a waterbody is biologically im paired, a water shall be
included on the verified list fo r biological impairment if: (a) There are water quality data reasonably de monstrating the particular pollutant(s) causing the impairment and the concent ration of the pollutant(s); and (b) One of the following de monstrations is made:
1. If there is a numeric criter ion for the specified pollutant( s ) in Chapter 62-302, F.A.C., but the criterion is met, an identification of the specific factors that reasonably demonstrate why the numeric criterion is not adequate to protect water quality and how the specific pollutant is causing the impairment, or
2. If there is not a numeric criterion for the specified pol lutant(s) in Chapter 62-302, F.A.C., an i dentification of the specific factors that reasonably demonstrate how the particular pollutant(s) are associated with the observed biological effect. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.440 Toxicity. (Repealed) Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Repealed 12-11-06.

62-303.450 Interpretation of Narrative Nutrient Criteria. (1) A water shall be placed on the verified list for impairment due to nutrients if there are
sufficient data from the last five years preceding the planning list assessment, combined with historical data (if needed to establish historic al chlorophyll a levels or historic al TSIs), to meet the data sufficiency requirements of rule 62-303.350(2), F.A.C. If there are insufficient data, additional

data shall be collected as needed to meet the requirements. On ce these additional data are collected, the Department shall dete rmine if there is sufficient info rmation to develop a site-specific threshold that better reflects conditions beyond whic h an imbalance in flora or fauna occurs in the water segment. If there is suffi cient information, the Department s hall re-evaluate the data using the site-specific thresholds. If ther e is insufficient information, the Department shall re-evaluate the data using the thresholds provided in rule 62-303.351-.353, F.A.C., for streams, lakes, and estuaries, respectively. In any case, the Department shall limit its analysis to the use of data collected during

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

the five years preceding the planning list assessment and the additional data collected in the second phase. If alternative thresholds are used fo r the analysis, the Department shall provide the
thresholds for the record and document how the al ternative threshold better represents conditions beyond which an imbalance in flora or fauna is expected to occur. (2) If the water was listed on the planning list for nutrient enrichment based on other information indicating an imbalance in flora or f auna, as provided in Rule 62- 303.350(1), F.A.C., the Department shall verify the imbalanc e before placing the water on the verified list for impairment due to nutrients and shall provide documentation supporting the imbalance in flora or fauna. (3) The thresholds for impairment due to nutri ents used under this section are not required to be used during dev elopment of wa steload allocations or TMDLs. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.460 Primary Contact a nd Recreation Use Sup port. (1) The Department shall review the data used by the DOH as the basis for bathing area closures, advisories or warnings and verify that the values exceeded the applicable DOH thresholds and the data meet the requirement s of Chapter 62-160, F.A.C. If the segm ent is listed on the planning list based on bathing area closures, advis ories, or warnings issued by a local health department or county governmen t, closures, advisories, or warnings based on red tides, rip tides, sewer line breaks, sharks, medical wastes, hurric anes, or other factors not related to chronic discharges of pollutants shall not be included when verifying prim ary contact and recreation use support. The Department shall then re-evaluate the remaining data using the methodology in paragraph 62-303.360(1)(c), F.A.C. Water segments that m eet the criteria in paragraph 62- 303.360(1)(c), F.A.C., shall be included on the verified list. (2) If the water segment was listed on the planning list due to samples that do not meet water quality criteria for bacteriological quality, the D epartment shall, to the ext ent practical, evaluate the source of bacteriological cont amination and shall verify that the impairment is due to chronic discharges of human-induced bacteriological pollut ants before listing the water segment on the verified list. The Department shall take into account the proximity of munici pal stormwater outfalls, septic tanks, and domestic wastewater facilities w hen evaluating potential sources of bacteriological pollutants. For water segments that contain municipal stormw ater outfalls, the impairment documented for the segment shall be presumed to be due, at least in part, to chronic discharges of bacteriological pollutants. The Department shall t hen re-evaluate the data using the methodology in subsection 62-303.320(1), F.A. C., excluding any values that are el evated solely due to wildlife, or for enterococci in coastal recreational waters, adjus ting the values based on the human health-related risk factors for wildlife-based enterococci upon m eeting the relevant requirements of 40 CFR 131.41(c)(2). (3) Water segments shall be included on the verified list if: (a) The number of samples that do not meet the applicable single-sa mple bacteriological water qualit y criteria meet the requirements in subsection 62-303.420(6), F. A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and sample s collected on different days within any four day period will be assessed as daily samples, or (b) There are one or more exceedances of a bacteriolog ical water quality criterion expressed as a monthly geometric mean during the verified period. To assess the monthly data for a sampling location, there shall be at least ten sample s collected within that m onth, with at least one sample from each full week of the month.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

(4) When evaluating a water segment for bacteriol ogical quality under paragraph 62-303.460(3)(a), F.A.C., the criterion used for fe cal coliforms shall be that the Most Probable Number (MPN) or Membrane Filter (MF) shall not exceed 400 counts per 100 ml. (5) When assessing waters pursuant to par agraphs 62-303.460(3)(a) and (b), F.A.C., the Department shall evaluate whether the samples are representat ive and are not biased toward collecting samples at times eit her under the influence of wet w eather conditions or absent the influence of wet weather conditions. Representative sampling generally reflects a consistent number of samples evenly spaced over regular intervals. Any determinations to exclude waters based on this provision shall be documented , and the documentation shall incl ude the basis for the decision. Specific Authority 403.061, 403. 067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10- 02, Amended 12-11-06, 9-4-07.

62-303.470 Fish and Shellfish Consumption Use Supp ort. (1) In order to be used under this part, the Department sha ll review the data used by the DOH as the basis for fish consumption advisor ies and determine whether it meets t he following requirements: (a) The advisory is based on the statistical ev aluation of fish tissue data from at least twelve fish collected from the specific wa ter segment or water body to be listed, (b) The data are collected in accordance with DEP SOP FS6000 (General Biological Tissue Sampling) and FS 6200 (Finfish Tis sue Sampli ng), which are incorporated by reference, the sampling entity has established Data Quality Object ives (DQOs) for the sampling, and the data meet the DQOs, and (c) There are sufficient data or other informati on from within the last 7.5 years that would support the continuation of the advi sory. The Department shall doc ument any decision to list waters with advisories older than 7.5 years, including the data supporting the continuation of the advisory or information demonstrating that older data ar e representative of current conditions. (2) Waters with advisories determined to meet the requirements of this section or waters where scientifically credible and compelling information meeting th e requirements of Chapter 62- 160, F.A.C., indicates the applicable human health-base d water quality criteria are not met shall be listed on the verified list. Any determinations to list waters based on this provision shall be documented, and the documentation shall include the basis for the decision. (3) Class II waters shall be included on the ve rified list for coliform impairment if, follo wing
review of the available data as descr ibed in subsection 62-303.460(2), F.A.C. (a) The number of samples above 43 counts per 100 ml meet the requirement in subsection 62-303.420(6), F.A.C., with the except ion that paragraph 62-303.320(4)(a), F.A .C., does not apply and samples collected on different days wit hin any four day period will be assessed as daily samples,or (b) The water segment includes a sampling lo c ation that has a median fecal coliform MPN value that exceeds 14 counts per 100 ml for the verified period. To calculate a median value for a sampling location, there shall be at least 20 samples collected during the verified period. (4) Waters that qualify for placement on t he planning list based on shellfish harvesting
classification information shall be veri fied as impaired for fecal coliforms. Specific Authority 403.061, 403. 067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10- 02, Amended 12-11-06, 9-4-07.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

62-303.480 Drinking Water Use Support and Protection of Human Health. If the water segment was listed on the planning list due to exceedances of a human health-based water qualit y criterion and there were insufficient data from the last five years preceding the planning

list assessment to meet the dat a sufficiency requirements of s ubsection 62-303.320(4), F.A.C.,

additional data will be collected as needed to meet t he requirements. Once th ese additional data are collected, the Department shall re-evaluate t he data using the methodology in subsection 62- 303.380(2), F.A.C., and limit the analysis to data collected duri ng the five years preceding the planning list assessment, the additional data collect ed pursuant to this paragraph (not to include data older than 7.5 years), and data ol der than 7.5 years if it is dem onstrated to be representative of current conditions. Any determinations to use ol der data shall be document ed by the Department, and the documentation shall provide the basis for the decision that the data are representative of current conditions. For this analysis, the Department shall exclude any data meeting the requirements of subsection 62-303. 420(5), F.A.C. The following water segments shall be listed on
the verified list: (1) For human health-based criteria expresse d as maximums, water segments that meet the requirements in subsecti on 62-303.420(7), F.A.C., or (2) For human health-based criteria expresse d as annual averages, water segments that have an annual average that exc eeds the applicable criterion. (3) For bacteriological water quality criter ia, water segments shall be included on the verified list if, following review of the availabl e data as described in subsections 62-303.460(2) and (5), F.A.C.: (a) The number of samples that do not meet the applicable single-sa mple bacteriological water qualit y criteria meet the requirements in subsection 62-303.420(6), F. A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as daily samples, or (b) There are one or more exceedances of a bacteriolog ical water quality criterion expressed as a monthly geometric mean during the verified period. To assess the monthly data for a sampling location there shall be at least five sample s collected within that month, with at least one sample from each full week of the month. Specific Authority 403.061, 403. 067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10- 02, Amended 12-11-06, 9-4-07.

62-303.500 Prioritization. (1) When establishing the TMDL developm ent schedule for water segments on the verified list of impaired waters, t he Department shall prioritize impa ired water segments according to the severity of the impairment and the designated uses of the segmen t, taking into account the most serious water quality problems; most valuable and threatened resources; and risk to human health and aquatic life. Impaired waters shall be prio ritized as high, medium, or low priority. (2) The following waters shall be designated high priority: (a) Water segments where the impairment poses a threat to potable water supplies or to

human health. (b) Water segments where the impairment is due to a pollutant regulated by the CWA and the pollutant has contributed to the decline or ex tirpation of a federally listed threatened or endangered species, as indicated in the Federal Regis ter listing the species. (3) The following waters shall be designated low priority:

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

(a) water segments that are listed before 2010 due to fish consumption advisories for mercury (due to the current insu fficient understanding of mercury cycling in the environment). (b) Man-made canals, urban drai nage ditches, and other artifici a l water segments that are listed only due to exceedances of t he dissolved oxygen criteria. (c) Water segments that were not on a planning list of impaired waters, but which were identified as impaired during t he second phase of the waters hed management approach and were included in the verified list, unless the segment meets the criteria in paragraph (2) for high priority. (4) All segments not designated high or low priority shall be medium priority and shall be prioritized based on the following factors: (a) The presence of Outstanding Florida Waters. (b) The presence of water segments that fail to meet more than one designated use. (c) The presence of water s egments with greater t han twenty-five percent of the samples not meeting an applicable water qualit y criterion or alternative thre shold with a minimum of a 90 percent confidence level. (d) The presence of water s egments that exceed more th an one applicable water quality

criteria. (e) Administrative needs of the TMDL progr am, including meeting a TMDL development schedule agreed to with EPA, basin prioritie s related to following the Department’s watershed management approach, and the number of administratively cont inued permits in the basin. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.600 Evaluation of Pollution Control Mechanisms. (1) Upon determining that a water body is impaired, the Department shall evaluat e whether existing or proposed technology-based e ffluent limitations and ot her pollution control programs under local, state, or feder al authority are sufficient to result in the attainment of applicable water quality standards. (2) If, as a result of the fact ors set forth in (1), the water segment is expected to attain water qualit y standards in the future and is expected to make reasonable progress towards attainment of water quality standard s by the time the next 303(d) list is scheduled to be submitted to EPA, the segment shall not be list ed on the verified list. The Department shall document the basis for its decision, noting any proposed pollution c ontrol mechanisms and expected improvements in water quality that provide reasonable assurance t hat the water segment will attain applicable water quality standards. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Repromulgated 1-2-07.

62-303.700 Listing Cycle. The Department shall, to the extent practical, develop basin-specific verified lists of impaired waters as part of its watershed management approach, wh ich rotates through the State’s surface water basins on a five year cycle. At the end of the first phase of the cycle , which is designed to develop a preliminary assessment of the basin, the Department shall update the planning list for the basin and shall include the planning list in the status report for the basin, wh ich will be noticed to interested parties in the basin. If the specific pollutant caus ing the impairment in a particular water segment is not known at the time the planning list is prepared, the list shall pr ovide the basis for including the water segment on the planning list. In these cases, the pollutant and concentration causing the

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

impairment shall be identif ied before the water segment is included on the verified list to be adopted by Secretarial Order. During the second phase of the cycle, which is designed to collect additional data on waters in the basin, interested parties s hall be provided the opportuni ty to work with the Department to collect additional wa ter quality data. Alternatively, interested parties may develop proposed water pollution control mechanisms that ma y affect the final verified list adopted by the Secretary at the end of the second phase. To ens ure that data or informa tion will be considered in the preliminary basin assessment, it must be submitted to the Department or entered into FLASTORET or, if applicable, the DOH database no later than September 30 dur ing the year of the

assessment. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

62-303.710 Format of Verified List and Verified List Approval. (1) The Department shall follow the methodology established in this chapter to develop basin-spec ific verified lists of impaired water segments. The verified list shall specify the pollutant or pollutants causing the impairment and the concentration of the pollu tant(s) causing the impairment. If the water segment is listed bas ed on numeric water quality criter ia, then the verified list shall provide the applicable criteria. Ho wever, if the listing is based on narra tive or biologica l criteria, or impairment of other designated uses, and the water qualit y criteria are met, the list shall specify the concentration of the pollutant relative to the water quality criteria and explain why the numerical criterion is not adequate. (2) Segments impaired for pollu tants that are no longer le gally allowed to be used or discharged shall not be placed on the verified list because the TMDL will be zero for the pollutant. (3) For waters impaired for dissolved oxygen, the Department shall id entify the pollutants causing or contributing to t he impairment and list both the pollu tant and dissolved oxygen on the
verified list. (4) For waters impaired by nutrients, the D epartment shall identify whether nitrogen or phosphorus, or both, are t he limiting nutrients for the verified period, and specify the limiting nutrient(s) in the verified list. (5) The verified list shall also include the priority and the schedule for TMDL development established for the water segment, as required by federal regulations. (6) The verified list shall also note any wate rs that are being removed from the current planning lis t and any previous verified list for the basin. (7) The verified basin-specific 303(d) list s hall be approved by order of the Secretary. Specific Authority 403.061, 403.067 FS. Law Im plemented 403.062, 403.067 FS. History - New 6- 10-02, Amended 12-11-06.

PART IV
MISCELLANEOUS PROVISIONS

62-303.720 Delisting Procedure. (1) Waters on planning lists developed under th is chapter that are verified to not be impaired during development of the verified list sha ll be removed from the State’s planning list. Once a water segment is verified to not be impaired pursuant to Part III of this chapter, the data used to place the water on the planning list shall not be t he sole basis for listing that water segment on future planning lists.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

(2) Water segments shall be removed from the State’s verified list only after completion of a TMDL for all pollutants causing impairment of the segm ent or upon demonstrat ion that the water meets the water quality standard that was previously established as not being met. (a) For waters listed due to failure to meet aquatic life use support based on water quality

criteria or due to threats to human health based on single sample wa ter quality criteria, the water

shall be delisted when: 1. The number of samples that do not m eet an applicable water qua lit y criterion due to pollutant discharges is less than or equal to the number listed in Table 4 for the given sample size, with a minimum sample size of 30. Waters shall be delisted when 10% or less of the samples do not meet the applicable criterion with a minimum of a 90% confidence level using a binomial distribution,

or 2. Following implementation of pollution control activities that are expected to be sufficient to result in attainment of applicab le water qualit y standards, evaluation of new data indicates the water no longer meets the criteria for listing established in Rule 62-303.420, F.A.C., or 3. Following demonstration t hat the water was inappropriat ely listed due to flaws in the original analysis, evaluation of av ailable data indicates the water does not meet the criteria for listing established in Rule 62-303.420, F.A.C. New data evaluated under subparagraph 62- 303.720(2)(a)1., F.A.C., must meet the following requirements: a. They must include sa mples collected during similar conditions (same seasons and general flow conditions) that the data previously used to determine impairment were collected, with no more than 50% of the samples collected in any one quarter, b. The sample size must be a minimum of 30 samples, and

c. The data must meet th e requirements of subsection s 62-303.320(4), (6) and (7),
F.A.C. (b) For waters listed due to failure to meet aquatic life use support based on biological data, the w ater shall be delisted when t he segment passes two independent follow-up
bioassessments and there have been no failed bioassessm ents for at least one year. The follow-up

tests must meet the following requirements: 1. For streams, the new data may be two BioRecons or any combination of BioRecons
and SCIs.

2. The bioassessments must be conducted du ring similar conditions (same seasons and general flow conditions) under which the previous bioassessments used to determine impairment

were collec ted.

3. The data must meet the requirements of subsections 62-303.330(1) and (2), F.A.C. (c) For waters listed due to fish consumpt ion advisories, the water shall be delist ed following the lifting of the advisory or when dat a complying with paragraphs 62-303.470(1)(a) and (b), F.A.C., demonstrate that the continuation of the advisory is no longer appropriate. (d) For waters listed due to their shellfish bed management classification, the water shall be delisted upon reclassification of the shellfish harvesting area to approved, or for conditionally approved areas, when the only source identified by SEAS for the harvest ing area is wildlife. (e) For waters listed due to bathing area cl osure or advisory data, the water shall be delisted if the bathing area does not meet the listing thresholds in subsection 62-303. 360(1), F.A.C., for five consecutive years. (f) For waters listed based on impacts to potable water supplies, the water shall be delisted when applicable water qua lity criteria are met as defi ned in paragraph 62-303.380 (1)(a), F.A.C., and when the causes resulting in hi gher treatment costs have been ameliorated.

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## DEP 2007          INDENTIFICATION O F IMPAIRED SURFACE WATERS     62‐303

(g) For waters listed pursuant to parag raph 62-303.460(3)(b), 62- 303.470(3)(b), or 62- 303.480(3)(b), F.A.C., the wa ter shall be delisted when: 1. The criteria applicable to those sections are met for th ree consecutive years and there
are sufficient new data available to calculate monthly values for at l east the same seasons in which the exceedances occurred, or 2. Following a demonstration t hat the water was inappropriately listed due to flaws in the original analysis, including the us e of a non-representative sample set. (h) For waters listed pursuant to parag raph 62-303.460(3)(a), 62- 303.470(3)(a), or 62- 303.480 (3)(a), F.A.C., the water shall be delisted upon meeting the delisting provisions in paragraph 62-303.720(2)(a), F.A.C. (i) For waters listed based on a human health -based annual average cr iterion, the water

shall be delisted when the annual average concentration is less than the criteri on for three consecutive years. (j) For waters listed based on nutrient impairm ent, the water shall be delisted if it does not meet the listing thresholds in Rule 62-303. 450, F.A.C., for three consecutive years. (k) For any listed water, the water shall be delisted if, following a change in appr oved analytical procedures, criteria, or water quality standards, evaluation of available data indicates the water no longer meets the applicable criteria for listing. (l) For waters listed based on paragraph 62- 303.420(7)(b) or subsection 62-303.470(3), F.A.C., the water shall be delist ed if the Department determines t he water is no longer impaired, based on scientifically credi ble and compelling information compar able in quantity and quality to the information used to make the initial listing decisi on. Any determinations to delis t waters based on this provision shall be documented , and the documentation shall incl ude the basis for the decision.

Table 4. Delisting Maximum number of samples that do not meet an applicable wate r quality criterion
allowable to DELIST with at least 90% confidence.

Sample Sizes Maximum
# of Samples

not meeting a

criterion

allo wable
for delisting Sample sizes Maximum
# of Samples

not meeting a

criterion

allo wable
for delisting

From To From To

30 37 0 279 289 21

38 51 1 290 300 22

52 64 2 301 311 23

65 77 3 312 323 24

78 90 4 324 334 25

91 103 5 335 345 26

Effective 9-4-07 Page 26DEP 2007 IDEN TIFICATION OF IMPAIRED SURFACE WA TERS 62-303

Effective 9-4-07

27 104 115 6 346 356 27

116 127 7 357 367 28

128 139 8 368 378 29

140 151 9 379 389 30

152 163 10 390 401 31

164 174 11 402 412 32

175 186 12 413 423 33

187 198 13 424 434 34

199 209 14 435 445 35

210 221 15 446 456 36

222 232 16 457 467 37

233 244 17 468 478 38

245 255 18 479 489 39

256 266 19 490 500 40

267 278 20

(m) For waters listed pursuant to paragraph 62-303.320(6)(b ), F.A.C., the water shall be delisted when the applic able criteria are met for at least three consecutive years and there are new data available for the same seasons in which the previous exceedances occurred. (3) Any delisting of waters from the ve rified list shall be approved by order of the Secretary at such time as the requirement s of this section are met. Specific Authority 403. 061, 403.067 FS. Law Impl emented 403.062, 403.067 FS. History–New 6-10-02, Am ended 12-11-06, 9-4-07.

62-303.810 Impairment of Inte rstate and Tribal Waters. The Department shall work with Alabama, Georgia, and federally recognized Indian

Tribes in Florida to share information about their assessment methodology and share water qualit y data for waters that form state boundaries or flow into Florida. In cases
where assessments are different for the same water body, the Department shall, to the extent practical, work with the appropriate state, Indian Tribe and EPA to determine why
the assessments were different. Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History – New 6-10-02, Repromulgated 1-2-07.