Fla. Admin. Code Ann. R. 62-303.100 - Scope and Intent

(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.

Notes

Fla. Admin. Code Ann. R. 62-303.100

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, Amended by Florida Register Volume 42, Number 021, February 02, 2016 effective 2/17/2016.

New 6-10-02, Amended 12-11-06, 2-17-16.