Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part II - THE PLANNING LIST › Section 62-303.320 - Exceedances of Aquatic Life-Based Water Quality Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) Water segments shall be placed on the
				  Planning List if, using objective and credible data, as defined by the
				  requirements specified in this section, the number of samples that do not meet
				  an applicable water quality criterion 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 percent
				  or more of the samples do not meet the applicable criteria with a minimum of an
				  80 percent confidence level using a binomial 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 percent
				  confidence level for the given sample size using the binomial distribution.
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
Are listed if they have at least this # of samples
								that do not meet a criterion
Sample sizes
Are listed if they have at least this # of samples
								that do not meet a criterion
From
To
From
To
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
(2)
				  The Department's Florida Storage and Retrieval (FLASTORET) database, or its
				  successors, shall be the primary source of data used for determining whether
				  samples do not meet water quality criteria. As required by subsection
				   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 data into FLASTORET, or its successors, within one year of
				  collection. Other sampling entities that want to ensure their data will be
				  considered for evaluation should ensure their data are entered into FLASTORET,
				  or its successors. The Department shall consider data submitted to the
				  Department from other sources and databases if the data meet the sufficiency
				  and data quality requirements of this section.
(3) Unless information presented to the
				  Department demonstrates otherwise, data older than ten years are not
				  representative of current conditions and shall not be used to develop Planning
				  Lists except to evaluate historical trends. Any determinations by the
				  Department to use data older than 10 years shall be documented, and the
				  documentation shall include the basis for the decision that the data are
				  representative of current conditions. Further, more recent data shall take
				  precedence over older data if:
(a) The newer
				  data indicate a change in water quality and this change is related to changes
				  in anthropogenic 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 representative of the water quality of the segment. The
				  Department shall note for the record that the older data were excluded and
				  provide details about why the older data were excluded.