Fla. Admin. Code Ann. R. 62-302.500 - Surface Waters: Minimum Criteria, General Criteria

(1) Minimum Criteria. All surface waters of the State shall at all places and at all times be free from:

(a) Domestic, industrial, agricultural, or other man-induced non-thermal components of discharges which, alone or in combination with other substances or in combination with other components of discharges (whether thermal or non-thermal):

1. Settle to form putrescent deposits or otherwise create a nuisance, or

2. Float as debris, scum, oil, or other matter in such amounts as to form nuisances, or

3. Produce color, odor, taste, turbidity, or other conditions in such degree as to create a nuisance, or

4. Are acutely toxic, or

5. Are present in concentrations which are carcinogenic, mutagenic, or teratogenic to human beings or to significant, locally occurring, wildlife or aquatic species, unless specific standards are established for such components in subsection 62-302.500(2) or rule 62-302.530, F.A.C., or

6. Pose a serious danger to the public health, safety, or welfare.

(b) Thermal components of discharges which, alone, or in combination with other discharges or components of discharges (whether thermal or non-thermal):

1. Produce conditions so as to create a nuisance, or

2. Do not comply with applicable provisions of Rule 62-302.520, F.A.C.

(c) Silver in concentrations above 2.3 micrograms/liter in predominently marine waters.

(d) Lindane (g-ben-zene hexachloride) in concentrations above 0.16 micrograms/liter in predominantly marine waters or in concentrations above 0.95 micrograms/liter in predominantly fresh waters.

(2) General Criteria.

(a) The criteria of surface water quality provided in subsection 62-302.500(2) and Rule 62-302.530, F.A.C., shall apply to all surface waters outside zones of mixing except:

1. Where inconsistent with the limitations of Section 403.061(7), F.S., or

2. Where relief from such criteria has been granted pursuant to other applicable rules of the Department.

(b) The Department may establish a Technical Advisory Committee on request or on its own initiative, to review and advise the Department about the sufficiency and validity of data or methodologies and the need for revision of numerical surface water quality criteria established in this rule chapter. The committee shall be appointed by the Secretary and consist of professionals knowledgeable about the specific criteria to be reviewed. The committee shall be chaired by a representative of the Department and shall meet at the call of the chair. Any findings, conclusions, or recommendations of the commmittee shall be conveyed to the Secretary and to the chair of the Commission but shall not bind the Department.

(c) Effluent limits may be established for pollutants for which analytical detection limits are higher than the established water quality criteria based upon computation of concentrations in the receiving waters. Effluent limits will be established on site-specific conditions in the context of a Department permit. Monitoring reports and permit applications shall specify the detection limits and indicate non-detectable results in such cases. Unless otherwise specified, such non-detectable results shall be accepted as demonstrating compliance for that pollutant as long as specified effluent limits are met.

(d) Criteria for metals in Rule 62-302.530 and paragraph 62-302.500(1)(c), F.A.C., are measured as total recoverable metal. However, cadmium, chromium, copper, lead, nickel, silver, and zinc may be applied as dissolved metals when, as part of a permit application, a dissolved metals translator has been established according to the procedures described in the document, "Guidance for Establishing a Metals Translator, " Florida Department of Environmental Protection, December 17, 2001.

(e) A violation of any surface water quality criterion as set forth in this chapter constitutes pollution. For certain pollutants, numeric criteria have been established to protect human health from an unacceptable risk of additional cancer caused by the consumption of water or aquatic organisms. These numeric criteria are based on annual average flow conditions. However, this allowable annual average does not relieve any activity from complying with subsection 62-302.500(1), Rule 62-302.530, F.A.C., or any other provision of water quality standards.

(f) Notwithstanding the specific numerical criteria applicable to individual classes of water, dissolved oxygen levels that are attributable to natural background conditions or man-induced conditions which cannot be controlled or abated may be established as alternative dissolved oxygen criteria for a water body or portion of a water body. Alternative dissolved oxygen criteria may be established by the Secretary or a Director of District Management in conjunction with the issuance of a permit or other Department action only after public notice and opportunity for public hearing. The determination of alternative criteria shall be based on consideration of the factors described in subparagraphs 62-302.800(1)(a) 1.-4., and subsections 62-302.533(3) -(4), F.A.C. Alternative criteria shall not result in a lowering of dissolved oxygen levels in the water body, water body segment or any adjacent waters, and shall not violate the minimum criteria specified in subsection 62-302.500(1), F.A.C. Daily and seasonal fluctuations in dissolved oxygen levels shall be maintained.

Notes

Fla. Admin. Code Ann. R. 62-302.500

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS.

Formerly 28-5.02, 17-3.02, Amended 10-28-78, Amended and Renumbered 3-1-79, Amended 1-1-83, 10-4-89, Formerly 17-3.051, Amended 4-25-93, Formerly 17-302.500, Amended 1-15-96, 12-26-96, 5-15-02, 12-7-06, 8-1-13.

Formerly 28-5.02, 17-3.02, Amended 10-28-78, Amended and Renumbered 3-1-79, Amended 1-1-83, 10-4-89, Formerly 17-3.051, Amended 4-25-93, Formerly 17-302.500, Amended 1-15-96, 12-26-96, 5-15-02, 12-7-06, 8-1-13.