Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-302 - SURFACE WATER QUALITY STANDARDS › Section 62-302.300 - Findings, Intent, and Antidegradation Policy for Surface Water Quality

Current through Reg. 50, No. 138; July 16, 2024
(1) Article II, Section 7 of the Florida
				Constitution requires abatement of water pollution and conservation and
				protection of Florida's natural resources and scenic beauty.
(2) Congress, in Section 101(a)(2) of the
				Federal Water Pollution Control Act, as amended, declares that achievement by
				July 1, 1983, of water quality sufficient for the protection and propogation of
				fish, shellfish, and wildlife, as well as for recreation in and on the water,
				is an interim goal to be sought whenever attainable. Congress further states in
				Section 101(a)(3), that it is the national policy that the discharge of toxic
				pollutants in toxic amounts be prohibited.
(3) The present and future most beneficial
				uses of all waters of the State have been designated by the Department by means
				of the classification system set forth in this chapter pursuant to Section
				 403.061(10),
				F.S. Water quality standards are established by the Department to protect these
				designated uses.
(4) Because
				activities outside the State sometimes cause pollution of Florida's waters, the
				Department will make every reasonable effort to have such pollution
				abated.
(5) Water quality standards
				apply equally to and shall be uniformly enforced in both the public and private
				sector.
(6) Public interest shall
				not be construed to mean only those activities conducted solely to provide
				facilities or benefits to the general public. Private activities conducted for
				private purposes may also be in the public interest.
(7) The Commission, recognizing the
				complexity of water quality management and the necessity to temper regulatory
				actions with the technological progress and the social and economic well-being
				of people, urges, however, that there be no compromise where discharges of
				pollutants constitute a valid hazard to human health.
(8) The Commission requests that the
				Secretary seek and use the best environmental information available when making
				decisions on the effects of chronically and acutely toxic substances and
				carcinogenic, mutagenic, and teratogenic substances. Additionally, the
				Secretary is requested to seek and encourage innovative research and
				developments in waste treatment alternatives that might better preserve
				environmental quality or at the same time reduce the energy and dollar costs of
				operation.
(9) The criteria set
				forth in this chapter are minimum levels which are necessary to protect the
				designated uses of a water body. It is the intent of this Commission that
				permit applicants should not be penalized due to a low detection limit
				associated with any specific criteria.
(10)
(a)
				The Department's rules that were adopted on March 1, 1979, regarding water
				quality standards are designed to protect the public health or welfare and to
				enhance the quality of waters of the State. They have been established taking
				into consideration the use and value of waters of the State for public water
				supplies, propogation of fish and wildlife, recreational purposes, and
				agricultural, industrial, and other purposes, and also taking into
				consideration their use and value for navigation.
(b) Under the approach taken in the
				formulation of the rules adopted in this proceeding:
1. The Department's rules that were adopted
				on March 1, 1979, regarding water quality standards are based upon the best
				scientific knowledge related to the protection of the various designated uses
				of waters of the State; and,
2. The
				mixing zone, zone of discharge, site specific alternative criteria, exemption,
				and equitable allocation provisions are designed to provide an opportunity for
				the future consideration of factors relating to localized situations which
				could not adequately be addressed in this proceeding, including economic and
				social consequences, attainability, irretrievable conditions, natural
				background, and detectability.
(c) This is an even-handed and balanced
				approach to attainment of water quality objectives. The Commission has
				specifically recognized that the social, economic and environmental costs may,
				under certain special circumstances, outweigh the social, economic and
				environmental benefits if the numerical criteria are enforced statewide. It is
				for that reason that the Commission has provided for mixing zones, zones of
				discharge, site specific alternative criteria, exemptions and other provisions
				in Chapters 62-302, 62-4, 62-600, and 62-660, F.A.C. Furthermore, the continued
				availability of the moderating provisions is a vital factor providing a basis
				for the Commission's determination that water quality standards applicable to
				water classes in the rule are attainable taking into consideration
				environmental, technological, social, economic and institutional factors. The
				companion provisions of Chapters 62-4, 62-600, 62-660, F.A.C., approved
				simultaneously with these Water Quality Standards are incorporated herein by
				reference as a substantive part of the State's comprehensive program for the
				control, abatement and prevention of water pollution.
(d) Without the moderating provisions
				described in subparagraph (b)2., above, the Commission would not have adopted
				the revisions described in subparagraph (b)1. above, nor determined that they
				are attainable as generally applicable water quality
				standards.