Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part I - GENERAL › Section 62-303.100 - Scope and Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter
				  establishes a methodology to identify surface waters of the state that will be
				  included on the state's Planning List of waters that will be assessed pursuant
				  to Sections  403.067(2) and
				  (3), Florida Statutes (F.S.), and a
				  methodology to identify surface waters that will be included on the Study List.
				  It also establishes a methodology to identify impaired waters based on
				  representative data that will be included on the state's Verified List of
				  impaired waters, for which the Department will calculate Total Maximum Daily
				  Loads (TMDLs), pursuant to Section
				   403.067(4),
				  F.S., and which will be submitted to the United States Environmental Protection
				  Agency (EPA) pursuant to paragraph 303(d)(1) of the Clean Water Act
				  (CWA).
(2) Many waterbodies
				  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 this
				  chapter to include waters that do not meet otherwise applicable water quality
				  criteria solely due to natural conditions or physical alterations of the
				  waterbody not related to pollutants. Similarly, it is not the intent of this
				  chapter to include waters on the Verified List where designated uses are being
				  met and where water quality criteria exceedances are limited to those
				  parameters for which permitted mixing zones or other moderating provisions
				  [such as site-specific alternative criteria (SSAC)] 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 section 305(b) of the CWA
				  [305(b)/303(d) Integrated Report].
(3) This chapter is intended to evaluate
				  attainment of water quality standards as set forth in Chapter 62-302, F.A.C.,
				  for the purposes of identifying waterbodies 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 section
				  303(d). 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 indicators of ambient water quality as part of the methodology for
				  determining whether existing narrative criteria are being met and the numeric
				  indicators have not been adopted as numeric criteria, these numeric values are
				  intended to be used only in the context of developing the lists 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, state, or local
				  agencies, affected persons, or citizens pursuant to other rules or
				  regulations.
(5) Pursuant to
				  Section  403.067, F.S., impaired 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 pollution control programs under local, 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
				  section 303(d) list for the basin is scheduled to be submitted to
				  EPA.
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.021(11),
						403.062,
						403.067
						FS.
New 6-10-02, Amended 12-11-06,
						2-17-16.