reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part II - THE PLANNING LIST › Section 62-303.351 - Nutrients in Freshwater Streams

Current through Reg. 50, No. 138; July 16, 2024
A stream or stream segment shall be included on the
					 Planning List for nutrients if:
(1)
				  The applicable numeric interpretation of the narrative nutrient criterion
				  established in subsection
				   62-302.531(2),
				  F.A.C., is exceeded for any parameter;
(2) For streams meeting the definition in
				  subsection  62-302.200(36),
				  F.A.C., that do not have a site specific numeric interpretation of the
				  narrative nutrient criterion, the nutrient thresholds in subparagraph
				   62-302.531(2)(c) 
				  2., F.A.C., are exceeded and insufficient Biological Health Assessment data are
				  available to fully assess achievement of the nutrient provisions in
				  subparagraph  62-302.531(2)(c) 
				  1., F.A.C.;
(3) Algal mats or
				  blooms are present in sufficient quantities to pose a nuisance or hinder
				  reproduction of a threatened or endangered species;
(4) An annual geometric mean chlorophyll
a
is greater than 20 ug/l, or
(5) There is a statistically significant
				  increasing trend in the annual geometric means at the 95 percent confidence
				  level in TN, TP or chlorophyll
a
over the planning period
				  using a Mann's one-sided, upper-tail test for trend, as described in
				  Nonparametric Statistical Methods by M. Hollander and D. Wolfe (1999 ed.),
				  pages 376 and 724, which are incorporated by reference herein. Copies of these
				  pages may be obtained by writing to the Florida Department of Environmental
				  Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL
				  32399-2400.
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.062,
						403.067
						FS.
New 6-10-02, Repromulgated 1-2-07, 7-2-12,
						2-17-16.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part II - THE PLANNING LIST › Section 62-303.352 - Nutrients in Freshwater Lakes

Current through Reg. 50, No. 138; July 16, 2024
(1) Lakes
				  or lake segments shall be included on the Planning List for nutrients if:
(a) The numeric interpretation of the
				  narrative nutrient criterion established in subsection
				   62-302.531(2),
				  F.A.C., is exceeded for any parameter;
(b) Algal mats or blooms are present in
				  sufficient quantities to pose a nuisance or hinder reproduction of a threatened
				  or endangered species, or
(c) There
				  is a statistically significant increasing trend in the annual geometric means
				  at the 95 percent confidence level in TN, TP, or chlorophyll
a
over the planning period using a Mann's one-sided, upper-tail test for trend,
				  as described in Nonparametric Statistical Methods by M. Hollander and D. Wolfe
				  (1999 ed.), pages 376 and 724, which were incorporated by reference in Rule
				   62-303.351, F.A.C.
(d) There are insufficient data to calculate
				  the long-term geometric mean for color, alkalinity or specific conductance for
				  a lake, the lake shall be included on the Planning List if the annual geometric
				  mean chlorophyll
a
value is greater than 20 ug/L in at least
				  one year.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part II - THE PLANNING LIST › Section 62-303.353 - Nutrients in Estuaries and Open Coastal Waters

Current through Reg. 50, No. 138; July 16, 2024
Estuaries, estuary segments, or open coastal waters shall
					 be included on the Planning List for nutrients if:
(1) The numeric interpretation of the
				  narrative nutrient criterion established in subsection
				   62-302.531(2) 
				  or  62-302.532(2),
				  F.A.C., is exceeded for any parameter, or
(2) For estuaries without a numeric
				  interpretation of the narrative nutrient criterion, their annual geometric mean
				  chlorophyll
a
for any year is greater than 11 ug/l;
(3) Algal mats or blooms are present in
				  sufficient quantities to pose a nuisance or hinder reproduction of a threatened
				  or endangered species, or
(4) There
				  is a statistically significant increasing trend in the annual geometric means
				  at the 95 percent confidence level in TN, TP, or chlorophyll
a
over the planning period using a Mann's one-sided, upper-tail test for trend as
				  described in Nonparametric Statistical Methods by M. Hollander and D. Wolfe
				  (1999 ed.), pages 376 and 724, which were incorporated by reference in
				  subsection  62-303.351(5),
				  F.A.C., or
(5) For estuaries with
				  nutrient criteria expressed as not to be exceeded in more than 10 percent of
				  the samples, the nutrient data exceed the listing thresholds in subsection
				   62-303.320(1),
				  F.A.C.
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.062,
						403.067
						FS.
New 6-10-02, Amended 12-11-06, 7-2-12, 8-1-13,
						2-17-16.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part II - THE PLANNING LIST › Section 62-303.354 - Nitrate-nitrite in Freshwater Spring Vents

Current through Reg. 50, No. 138; July 16, 2024
A spring vent in predominantly fresh waters shall be
					 included on the Planning list for nitrate-nitrite if:
(1) The numeric interpretation of the
				  narrative nutrient criterion established in subsection
				   62-302.531(2),
				  F.A.C., is exceeded, or
(2) Algal
				  mats or blooms are present in sufficient quantities to pose a nuisance or
				  hinder reproduction of a threatened or endangered species, or
(3) There is a statistically significant
				  increasing trend in the annual geometric means at the 95 percent confidence
				  level in nitrate-nitrite over the planning period using a Mann's one-sided,
				  upper-tail test for trend, as described in Nonparametric Statistical Methods by
				  M. Hollander and D. Wolfe (1999 ed.), pages 376 and 724, which were
				  incorporated by reference in Rule
				   62-303.351,
				  F.A.C.
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.062,
						403.067
						FS.
New 7-2-12, Amended
						2-17-16.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part II - THE PLANNING LIST › Section 62-303.360 - Primary Contact and Recreation Use Support

Current through Reg. 50, No. 138; July 16, 2024
(1) A Class I, I-Treated, II, III or
				  III-Limited (if primary contact and recreational use is not limited) water
				  shall be placed on the Planning List for evaluating primary contact and
				  recreation use support based on bacteriological data if:
(a) There is a sufficient number of samples
				  from the water segment that do not meet the applicable water quality criteria
				  for
E. coli
for predominantly freshwaters or enterococci for
				  predominantly marine waters expressed as a Ten Percent Threshold Value (TPTV)
				  based on the methodology described in subsection
				   62-303.320(1),
				  F.A.C. Data must meet the requirements of subsections
				   62-303.320(2), (3),
				  (4)(e)  -(4)(g), (8), (9), F.A.C. Samples
				  collected on different days will be assessed as individual samples and samples
				  collected on the same day shall be averaged, or
(b) The waterbody includes a sampling
				  location that has one or more monthly geometric mean values above the monthly
				  geometric mean
E. coli
criterion for predominantly freshwaters
				  or enterococci criterion for predominantly marine waters during the planning
				  period. To calculate a monthly geometric mean, there shall be at least ten
				  samples collected within that month, with at least one sample from each full
				  week of the month. Data must meet the requirements of subsections
				   62-303.320(2), (3),
				  (4)(e)  -(4)(g), (8), (9), F.A.C., and samples
				  collected on different days will be assessed as individual samples and samples
				  collected on the same day shall be averaged.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part II - THE PLANNING LIST › Section 62-303.370 - Fish and Shellfish Consumption Use Support

Current through Reg. 50, No. 138; July 16, 2024
(1) A Class I, I-Treated, II, III or
				  III-Limited water shall be placed on the Planning List for fish consumption if
				  there is either a limited or no consumption fish consumption advisory, issued
				  by the DOH, or other authorized governmental entity, in effect for the water
				  segment.
(2) A Class II water shall
				  be placed on the Planning List for shellfish consumption based on its shellfish
				  harvesting classification if the water segment includes an area that is
				  classified by the Department of Agriculture and Consumer Services' Shellfish
				  Environmental Assessment Section (SEAS) in one of the following shellfish
				  harvesting classifications:
(a) Restricted or
				  conditionally restricted;
(b)
				  Conditionally approved, excluding any areas for which SEAS identified only
				  wildlife as the potential source of bacteriological contamination for the
				  shellfish harvesting area, or
(c)
				  Prohibited, unless the prohibited classification is precautionary and not based
				  on water quality data.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part II - THE PLANNING LIST › Section 62-303.380 - Drinking Water Use Support and Protection of Human Health

Current through Reg. 50, No. 138; July 16, 2024
(1) A Class I or Class I-Treated water shall
				  be placed on the Planning List for potential impairment of drinking water use
				  support and the protection of human health based on bacteriological data if:
(a) There is a sufficient number of
E. coli
samples from the water segment that do not meet the
				  applicable Class I or Class I-Treated water quality criteria for
				  bacteriological quality expressed as a Ten Percent Threshold Value (TPTV) based
				  on the methodology described in Rule
				   62-303.320, F.A.C. Data must
				  meet the requirements of subsections
				   62-303.320(2), (3),
				  (4)(e)  -(g), (8), and (9), F.A.C. Samples
				  collected on different days will be assessed as individual samples and samples
				  collected on the same day shall be averaged, or
(b) The water segment includes a sampling
				  location that has one or more monthly geometric mean values above the monthly
				  geometric mean
E.coli
criterion during the planning period. To
				  calculate a monthly geometric mean value for a sampling location, there shall
				  be at least five samples collected within that month, with at least one sample
				  from each full week of the month. Data must meet the requirements of
				  subsections  62-303.320(2), (3),
				  (4)(e)  -(4)(g), (8), (9), F.A.C. Samples
				  collected on different days will be assessed as individual samples and samples
				  collected on the same day shall be averaged.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part III - THE STUDY LIST › Section 62-303.390 - The Study List

Current through Reg. 50, No. 138; July 16, 2024
(1) The Study List
				  contains waters where additional information or Department review is needed
				  before the water is placed on the Verified List for TMDL development but
				  available evidence indicates there is a clear adverse trend in nutrients or
				  nutrient response variables with a reasonable expectation that the water will
				  become impaired within 10 years, or evidence indicates nonattainment of water
				  quality standards or stream nutrient thresholds. Causes of nonattainment can
				  include excess pollutant loading or concentrations, habitat or hydrologic
				  alterations, or natural conditions. Waters that do not attain water quality
				  standards due to natural conditions pursuant to Rule
				   62-303.420, F.A.C., shall not be
				  added to the Study List. To conform to the expectations of Section 303(d) of
				  the Federal Clean Water Act and federal regulations at
				  40 C.F.R.
				  130.7(b), waters and
				  associated parameters indentified in the Study List will be submitted to EPA as
				  water quality limited segments. However, pursuant to Section
				   403.067(2)(a),
				  F.S., the Study List cannot be used in the administration or implementation of
				  any regulatory program. A TMDL shall not be established for a waterbody placed
				  on the Study List pursuant to subsection
				   62-303.390(2),
				  F.A.C., until such time as it is placed on the Verified List pursuant to Part
				  IV of this chapter.
(2) A Class I,
				  I-Treated, II, III or III-Limited water shall be placed on the Study List if:
(a) For waters with a
				  statistically-significant increasing trend in TN, TP, nitrate-nitrite, or
				  chlorophyll
a
pursuant to subsection
				   62-303.351(5),
				   62-303.352(3),
				   62-303.353(4) 
				  or  62-303.354(3),
				  F.A.C., the Department confirms the water does not exceed an applicable numeric
				  nutrient criterion and there is:
1. A
				  statistically-significant (at the 95 percent confidence level) temporal trend
				  in the annual geometric means after controlling for or removing the effects of
				  confounding variables, such as climatic and hydrologic cycles, seasonality,
				  quality assurance issues, and changes in analytical methods or method detection
				  limits; and,
2. A reasonable
				  expectation that the water will become impaired within 10 years, taking into
				  consideration the current concentrations of nutrients or nutrient response
				  variables and the slope of the trend.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part IV - THE VERIFIED LIST › Section 62-303.400 - Methodology to Develop the Verified List

Current through Reg. 50, No. 138; July 16, 2024
(1) Waters shall be verified as being
				  impaired if they meet the requirements for the Planning List in Part II and the
				  additional requirements of Rules
				   62-303.420 -.480, F.A.C. A
				  waterbody that fails to meet the minimum criteria for surface waters
				  established in Rule  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, shall be determined to be
				  impaired.
(2) Additional data and
				  information collected after the development of the Planning List will be
				  considered when assessing waters on the Planning List, provided it meets the
				  requirements of this chapter. In cases where additional data are needed for
				  waters on the Planning 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 management approach, with the data collected during
				  either the same cycle that the water is initially listed on the Planning List
				  (within 1 year) or during the subsequent cycle.
(3) Unless information presented to the
				  Department demonstrates otherwise, data more than 7.5 years old at the time the
				  water segment is assessed are not representative of current conditions and
				  shall not be used except to evaluate historical trends. Any determinations by
				  the Department to use data older than 7.5 years shall be documented, and the
				  documentation shall include the basis for the decision.
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.062,
						403.067
						FS.
New 6-10-02, Amended 12-11-06,
						2-17-16.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part IV - THE VERIFIED LIST › Section 62-303.410 - Determination of Aquatic Life Use Support

Current through Reg. 50, No. 138; July 16, 2024
Failure to meet any of the metrics used to determine
					 aquatic life use support listed in Rules
					  62-303.420 -.450, F.A.C., shall
					 constitute verification that there is an impairment of the designated use for
					 propagation and maintenance of a healthy, well-balanced population of fish and
					 wildlife.
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.062,
						403.067
						FS.
New 6-10-02, Repromulgated
						1-2-07.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part IV - THE VERIFIED LIST › Section 62-303.420 - Aquatic Life-Based Water Quality Criteria Assessment

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department shall reexamine the data
				  used in Rule  62-303.320, F.A.C., to determine
				  whether water quality criteria are met.
(a)
				  If values exceeding the criteria are not due to pollutant discharges or reflect
				  natural background conditions, including seasonal or other natural 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 that the exceedances were not due to pollutant
				  discharges.
(b) If the Department
				  has information suggesting that the values not meeting the dissolved oxygen
				  (DO) criterion are due to natural background conditions, it is the Department's
				  intent to support that conclusion through the use of Biological Health
				  Assessment procedures referenced in Rule
				   62-303.330, F.A.C. The waterbody
				  or segment shall not be included on the Verified List for DO if two or more
				  temporally independent Biological Health Assessments indicate the waterbody
				  supports the protection and maintenance of a healthy, well-balanced population
				  of fish and wildlife. The Biological Health Assessments shall be conducted
				  either in the same waterbody segment, or for streams, in the contiguous
				  waterbody segment downstream of the segment where the water quality samples
				  were taken. These Biological Health Assessments shall be conducted on the same
				  day or after the water quality samples were collected.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part IV - THE VERIFIED LIST › Section 62-303.430 - Biological Impairment

Current through Reg. 50, No. 138; July 16, 2024
(1) All Biological
				  Health Assessments used to list a water on the Verified List shall be conducted
				  and interpreted in accordance with Chapter 62-160, F.A.C., including
				  Department-approved Standard Operating Procedures and Department documents that
				  are incorporated by reference in Chapter 62-160, F.A.C., for the SCI, LVI, and
				  Shannon-Weaver Diversity Index.
(2)
				  If the water met the requirements for placement on the Planning List based on
				  Biological Health Assessment results, the water shall be determined to be
				  biologically impaired if any of the following conditions occur, given a minimum
				  sample size of two temporally independent bioassessments:
(a) The average score of all the SCIs is
				  below 40, or either of the two most recent temporally independent SCI scores is
				  less than 35. If there are only two SCIs and the difference between the two
				  scores is greater than 20 points, then an additional SCI shall be required and
				  the average of all three scores shall be used.
(b) The average score of all the temporally
				  independent LVIs is below 43 for a lake segment. If there are only two LVIs for
				  a lake segment and the difference between the two scores is greater than 20
				  points, then an additional LVI shall be required and the average of all three
				  scores shall be used.
(c) The
				  historic maximum SCI value, as defined in subsection
				   62-303.330(4),
				  F.A.C., is above 64 and the average of the two most recent temporally
				  independent SCI scores is 20 or more points below the historic maximum
				  value.
(d) The historic maximum
				  value LVI, as defined in subsection
				   62-303.330(4),
				  F.A.C., is above 78 and the average of the two most recent temporally
				  independent LVI scores is 20 or more points below the historic maximum
				  value.
(e) The average score of at
				  least two temporally independent Shannon-Weaver Diversity Indices is less than
				  75 percent of the average score from an appropriate control site, pursuant to
				  subsection  62-302.530(10),
				  F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part IV - THE VERIFIED LIST › Section 62-303.440 - Toxicity (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.062,
						403.067
						FS.
New 6-10-02, Repealed
						12-11-06.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part IV - THE VERIFIED LIST › Section 62-303.470 - Fish and Shellfish Consumption Use Support

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department shall review the fish
				  consumption advisories and the data used by the DOH as the basis for the
				  advisories and shall only use the advisories and data under this part if the
				  following requirements are met:
(a) The
				  advisory is based on the statistical evaluation of fish tissue data from at
				  least twelve fish collected from the specific water segment or waterbody to be
				  listed;
(b) The data are collected
				  in accordance with DEP SOP FS6000 (General Biological Tissue Sampling) and FS
				  6200 (Finfish Tissue Sampling), which are incorporated by reference, the
				  sampling entity has established Data Quality Objectives (DQOs) for the
				  sampling, and the data meet the DQOs; and,
(c) There are sufficient data or other
				  information from within the last 7.5 years that would support the continuation
				  of the advisory. The Department shall document 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 are representative
				  of current conditions.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part IV - THE VERIFIED LIST › Section 62-303.480 - Drinking Water Use Support and Protection of Human Health

Current through Reg. 50, No. 138; July 16, 2024
If the water segment was listed on the Planning List due to
					 exceedances of a human health-based water quality criterion, the Department
					 shall re-evaluate the data using the methodology in subsections
					  62-303.380(1) and
					 (3), F.A.C., and limit the analysis to data
					 collected within 7.5 years of the time the water segment is proposed for
					 listing on the Verified List. Data older than 7.5 years shall be used if it is
					 demonstrated to be representative of current conditions. Any determinations to
					 use older data shall be documented 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 expressed as maximums, water segments that meet the requirements in
				  subsection  62-303.420(6),
				  F.A.C., or
(2) For human
				  health-based criteria expressed as annual averages, water segments that have an
				  annual average that exceeds the applicable criterion. To calculate an annual
				  average for the Verified List assessment, there shall be at least three samples
				  per year, with samples from at least three different quarters of the same
				  year.
(3) For bacteriological water
				  quality criteria, water segments shall be verified as impaired if, following
				  review of the available data as described in subsections
				   62-303.460(2) and
				  (5), F.A.C.:
(a) The number of months that do not meet the
				  applicable bacteriological water quality criteria expressed as a TPTV meet the
				  requirements in subsection
				   62-303.420(6),
				  F.A.C. Data must meet the data requirements of subsections
				   62-303.320(2), (3),
				  (4)(e)  -(4)(g), and (8), F.A.C. Samples
				  collected on different days will be assessed as individual samples and samples
				  collected on the same day shall be averaged, or
(b) There are one or more exceedances of a
				  bacteriological 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 samples collected within that month, with at least
				  one sample from each full week of the month.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part V - MISCELLANEOUS PROVISIONS › Section 62-303.500 - Prioritization for TMDL Development

Current through Reg. 50, No. 138; July 16, 2024
(1) When
				  establishing the TMDL development schedule for water segments on the Verified
				  List of impaired waters, the Department shall prioritize impaired water
				  segments according to the severity of the impairment and the designated uses of
				  the segment, 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 prioritized 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, treated
				  potable water supplies, treated 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 extirpation of a federally listed threatened or
				  endangered species, as indicated in the Federal Register listing the
				  species.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part V - MISCELLANEOUS PROVISIONS › Section 62-303.600 - Evaluation of Pollution Control Mechanisms

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon determining that a waterbody is
				  impaired or determining there is an increasing trend in nutrients with a
				  reasonable expectation that the waterbody will become impaired within 5 years,
				  the Department shall evaluate whether existing or proposed technology-based
				  effluent limitations and other pollution control programs under local, state,
				  or federal authority are sufficient to result in the attainment of applicable
				  water quality standards.
(2) If,
				  after evaluation of the pollution control mechanisms set forth in subsection
				  (1), the water segment is expected to attain water quality standards in the
				  future and is expected to make reasonable progress towards attainment of water
				  quality standards by the time the next section 303(d) list for the basin is
				  scheduled to be submitted to EPA, the segment shall not be listed on the
				  Verified List. The Department's decision shall be based on a plan that provides
				  reasonable assurance that any proposed pollution control mechanisms and
				  expected improvements in water quality in the water segment will attain
				  applicable water quality standards.
(3) For water segments with planned or
				  on-going restoration activities that will address the non-attainment of water
				  quality standards, stakeholders may submit information to the Department
				  demonstrating pollutant reduction mechanisms to address the
				  non-attainment.
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.062,
						403.067
						FS.
New 6-10-02, Repromulgated 1-2-07, Amended
						2-17-16.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part V - MISCELLANEOUS PROVISIONS › Section 62-303.700 - Listing Cycle

Current through Reg. 50, No. 138; July 16, 2024
The Department shall, to the extent practical, develop
					 basin-specific Verified Lists of impaired waters as part of its watershed
					 management approach, which rotates through the State's surface water basins on
					 a five year cycle. If the specific pollutant(s) or response variables
					 contributing to the impairment in a particular water segment is not known at
					 the time the Planning or Study List is prepared, information in the lists shall
					 provide the basis for including the water segment on the applicable list. The
					 pollutant and concentration(s) causing the impairment shall be identified
					 before the water segment is included on the Verified List to be adopted by
					 Secretarial Order. During the listing cycle, interested parties shall be
					 provided the opportunity to work with the Department to collect and evaluate
					 additional water quality data and provide comments to the Department on the
					 basin-specific lists. At any time during the listing cycle, interested parties
					 may develop proposed water pollution control mechanisms that may affect the
					 final Verified List adopted by the Secretary. To ensure that data or
					 information will be considered in the preliminary basin assessment, it must be
					 submitted to the Department or entered into FLASTORET, or its successors, or,
					 if applicable, the DOH database no later than 60 days after the end of the
					 verified period during the year of the assessment.
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.062,
						403.067
						FS.
New 6-10-02, Amended 12-11-06,
						2-17-16.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part V - MISCELLANEOUS PROVISIONS › Section 62-303.710 - Format of Verified List and Verified List Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department shall follow the
				  methodology established in this chapter to develop basin-specific Verified List
				  of impaired water segments. The Verified List shall specify the pollutant or
				  pollutants causing the impairment and the concentration of the pollutant(s)
				  causing the impairment. If the water segment is listed based on numeric water
				  quality criteria, then the Verified List shall provide the applicable criteria.
				  However, if the listing is based on narrative or biological criteria, or
				  impairment of other designated uses, and the water quality 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
				  pollutants that are no longer legally 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 biological health or dissolved oxygen, the Department shall identify the
				  pollutants causing or contributing to the impairment on the Verified List. If
				  the factor(s) causing the impairment cannot be identified, the water shall be
				  placed on the Study List.
(4) The
				  Verified List shall also include the priority and the schedule for TMDL
				  development established for the water segment, as required by federal
				  regulations.
(5) The Verified List
				  shall be approved by order of the Secretary and the order shall also note any
				  waters that are being removed from the Verified List.
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.062,
						403.067
						FS.
New 6-10-02, Amended 12-11-06, 7-2-12,
						2-17-16.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part V - MISCELLANEOUS PROVISIONS › Section 62-303.720 - Delisting Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) Waters on
				  Planning or Study Lists developed under this chapter that are verified to not
				  be impaired during development of the Verified List shall be removed from the
				  State's Planning or Study List.
(2)
				  Waterbody segments shall be removed from the State's Verified List only after
				  adoption of a TMDL, a Department determination that pollution control programs
				  provide reasonable assurance that water quality standards will be attained
				  pursuant to Rule  62-303.600 F.A.C., or upon a
				  demonstration that the waterbody meets the waterbody 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
				  water quality criteria, the water shall be delisted when:
1. The number of samples that do not meet an
				  applicable water quality 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 applicable water quality 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 that the water was
				  inappropriately listed due to flaws in the original analysis, evaluation of
				  available data indicates the water does not meet the criteria for listing
				  established in Rule  62-303.420,
				  F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-303 - IDENTIFICATION OF IMPAIRED SURFACE WATERS › Part V - MISCELLANEOUS PROVISIONS › Section 62-303.810 - Impairment of Interstate and Tribal Waters (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						403.061,
						403.067 FS. Law Implemented
						403.062,
						403.067
						FS.
New 6-10-02, Repromulgated 1-2-07, Repealed
						2-23-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.200 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.067 FS. Law Implemented
					 403.031,
					 403.061,
					 403.062,
					 403.067
					 FS.
New 5-24-01, Repromulgated 12-22-04, Repealed
					 2-23-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.300 - St. Marks River Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1) Munson
				Slough Above Lake Munson. The bacteriological TMDL for Munson Slough is 400
				counts/100mL for fecal coliform, and is allocated as follows:
(a) The WLA for wastewater point sources is
				not applicable;
(b) The WLA for
				discharges subject to the Department's NPDES MS4 Permitting Program is to
				address anthropogenic sources in the basin such that in-stream concentrations
				meet the fecal coliform criteria which, based on the measured concentrations
				from the 2006 period, will require a 31.6% reduction at sources contributing to
				exceedances of the criteria at Roberts Ave., and for the 2006 period, will
				require a 96.9% reduction at sources contributing to exceedances of the
				criteria at Springhill Road, and for the 1992 to 2007 period, will require a
				91.5% reduction at sources contributing to exceedances of the criteria at
				Capital Circle S.W.; and
(c) The LA
				for nonpoint sources is to address anthropogenic sources in the basin such that
				in-stream concentrations meet the fecal coliform criteria which, based on the
				measured concentrations from the 2006 period, will require a 31.6% reduction at
				sources contributing to exceedances of the criteria at Roberts Ave., and for
				the 2006 period, will require a 96.9% reduction at sources contributing to
				exceedances of the criteria at Springhill Road, and for the 1992 to 2007
				period, will require a 91.5% reduction at sources contributing to exceedances
				of the criteria at Capital Circle S.W.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.305 - Ochlockonee River Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Juniper Creek TMDL. The DO TMDL for Juniper Creek is based on achieving the
				Class 3 fresh water minimum DO criterion of 5.0 mg/L, and is allocated as
				follows:
(a) The WLA for discharges subject
				to the Department's NPDES MS4 Permitting Program is to address anthropogenic
				sources in the basin such that in-stream concentrations meet the TN criteria
				which, based on the measured concentrations from the 1979 to 2006 period, will
				require a 18.18% reduction at sources contributing to exceedances of the
				criteria; and
(b) The Load
				Allocation (LA) for nonpoint sources is to address anthropogenic sources in the
				basin such that in-stream concentrations meet the total nitrogen (TN) criteria
				which, based on the measured concentrations from the 1979 to 2006 period, will
				require a 18.18% reduction at sources contributing to exceedances of the
				criteria.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.310 - Apalachicola River Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Huckleberry Creek. The bacteriological TMDL for Huckleberry Creek is a median
				of 6.85 x 109 colonies/day for fecal coliform, and
				is allocated as follows:
(a) The WLA for
				discharges subject to the Department's NPDES Permitting Program is to meet the
				Class III water quality criteria for fecal coliform in Chapter 62-302, F.A.C.;
				and
(b) The LA for nonpoint sources
				is a median of 6.85 x 109 colonies/day for fecal
				coliform, which constitutes a 68.33% reduction of current fecal coliform
				loading.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.315 - Chipola River Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1) Otter
				Creek. The bacteriological TMDL for Otter Creek is 400 counts/100mL for fecal
				coliform, and is allocated as follows:
(a) The
				WLA for wastewater sources is not applicable;
(b) The WLA for discharges subject to the
				Department's NPDES MS4 Permitting Program is not applicable; and
(c) The LA for nonpoint sources is to address
				anthropogenic sources in the basin such that in-stream concentrations meet the
				fecal coliform criteria which, based on the measured concentrations from the
				2001 to 2008 period, will require a 35% reduction of sources contributing to
				exceedances of the criteria.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.325 - Choctawhatchee River Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Choctawhatchee River. The bacteriological TMDL for the Choctawhatchee River
				from the state line to Wrights Creek is an annual median of 4.913 x
				1013 colonies/day, and is allocated as follows:
(a) The WLA for wastewater point sources is
				for each facility to meet its permit limits for fecal coliform;
(b) The WLA for discharges subject to the
				Department's NPDES MS4 Permitting Program is not applicable; and
(c) The LA for nonpoint sources is to address
				anthropogenic sources in the basin such that in-stream concentrations meet the
				fecal coliform criteria which, based on the average measured concentrations for
				the year the Secretary adopted the verified list that first listed the
				waterbody as impaired for fecal coliform, will require a 60% reduction of
				in-stream fecal coliform concentrations.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.330 - Pensacola Bay Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1) Bayou
				Chico, Jones Creek, Jackson Creek, Bayou Chico Beach and Sanders Beach. The
				bacteriological TMDL for Bayou Chico, Jones Creek, Jackson Creek, Bayou Chico
				Beach and Sanders Beach is 400 counts/100 ml for fecal coliform and is
				allocated as follows:
(a) A WLA for wastewater
				point sources is not applicable;
(b) The WLA for discharges subject to the
				Department's NPDES MS4 Permitting Program is to address anthropogenic sources
				in the basin such that in-stream concentrations meet the fecal coliform
				criteria which, based on the measured concentrations from the 1998 to 2005
				period, will require a 61% reduction at sources contributing to exceedances of
				the criteria; and
(c) The Load
				Allocation (LA) for nonpoint sources is to address anthropogenic sources in the
				basin such that in-stream concentrations meet the fecal coliform criteria
				which, based on the measured concentrations from the 1998 to 2005 period, will
				require a 61% reduction at sources contributing to exceedances of the
				criteria.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.335 - Perdido Bay Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1) Elevenmile
				Creek (US 90). The bacteriological TMDL is 400 counts/100 ml fecal coliform and
				is allocated as follows:
(a) The WLA for
				wastewater point sources subject to the Department's NPDES Permitting Program
				is to meet the Class III water quality criteria for fecal coliform in Chapter
				62-302, F.A.C.;
(b) The WLA for
				discharges subject to the Department's NPDES MS4 Permitting Program is to
				address anthropogenic sources in the basin such that in-stream concentrations
				meet the fecal coliform criteria which, based on the measured concentrations
				from the 1972 to 2006 period, will require a 63% reduction at sources
				contributing to exceedances of the criteria; and
(c) The LA for nonpoint sources is to address
				anthropogenic sources in the basin such that in-stream concentrations meet the
				fecal coliform criteria which, based on the measured concentrations from the
				1972 to 2006 period, will require a 63% reduction at sources contributing to
				exceedances of the criteria.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.400 - Upper Suwannee Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1) Upper
				Suwannee River Basin Fecal Coliform TMDLs. For each Class III surface water of
				the state in the Upper Suwannee River Basin verified as impaired for fecal
				coliform, the TMDL is 400 counts/100 mL fecal coliform and shall be allocated
				as follows:
(2) The WLA for the
				NPDES wastewater point sources is not applicable;
(3) The WLA for discharges subject to the
				Department's NPDES MS4 Permitting Program is not applicable; and
(4) The LA for nonpoint sources is to address
				anthropogenic sources in the basin such that the in-waterbody concentrations
				meet the 400 counts/100 mL fecal coliform criterion.
Rulemaking Authority
					 403.061,
					 403.067 FS. Law Implemented
					 403.061,
					 403.062,
					 403.067
					 FS.
New 9-14-14, Amended
					 5-9-21.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.405 - Lower Suwannee River Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1) Lower Suwannee River Basin Fecal Coliform
				TMDLs. For each Class III surface water of the state in the Lower Suwannee
				River Basin verified as impaired for fecal coliform, the TMDL is 400 counts/100
				mL fecal coliform and shall be allocated as follows:
(a) The WLA for the NPDES wastewater point
				sources is not applicable;
(b) The
				WLA for discharges subject to the Department's NPDES MS4 Permitting Program is
				not applicable; and
(c) The LA for
				nonpoint sources is to address anthropogenic sources in the basin such that the
				in-waterbody concentrations meet the 400 counts/100 mL fecal coliform
				criterion.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.406 - Aucilla River Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Wacissa River. The nutrient TMDL for the Wacissa River is an in-stream monthly
				arithmetic mean concentration of 0.20 mg/L nitrate-nitrite, and is allocated as
				follows:
(a) The WLA for wastewater point
				sources is not applicable;
(b) The
				WLA for discharges subject to the Department's NPDES MS4 Permitting Program is
				a 39% reduction of nitrate-nitrite based on average concentrations from the
				2005-2015 period; and
(c) The LA
				for nonpoint sources is a 39% reduction of nitrate-nitrite based on average
				loads from the 2005-2015 period.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-304 - TOTAL MAXIMUM DAILY LOADS › Section 62-304.410 - Santa Fe River Basin TMDLs

Current through Reg. 50, No. 138; July 16, 2024
(1) Santa
				Fe River TMDLs. Santa Fe River TMDL for nutrient and dissolved oxygen
				impairments: The TMDL for nutrients in the Santa Fe River (below river rise) is
				to achieve a monthly average of 0.35 mg/L nitrate-nitrite, and is allocated as
				follows:
(a) The WLA for wastewater point
				sources is not applicable;
(b) The
				WLA for discharges subject to the Department's NPDES MS4 Permitting Program is
				to meet a monthly average in-stream ambient water quality target of 0.35 mg/L
				nitrate-nitrite. The range of reduction necessary to achieve the LA is
				estimated between 13 and 35% depending on the month and location within the
				basin. Achievement of the TMDL constitutes meeting the water quality target;
				and
(c) The LA for nonpoint sources
				is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The range of percent
				reduction necessary to achieve the LA is estimated between 13 and 35% depending
				on the month and location within the basin. Achievement of the TMDL constitutes
				meeting the water quality target.