As used in this chapter:
(1) "Biological Health Assessment" shall mean
one of the following aquatic community-based biological evaluations: Stream
Condition Index (SCI), Lake Vegetation Index (LVI), or Shannon-Weaver Diversity
Index.
(2) "Biological
Reconnaissance (BioRecon)" shall mean a biological assessment that measures
stream health in predominantly fresh waters using benthic macroinvertebrates,
performed and calculated using the Standard Operating Procedures (SOP) for the
Biological Reconnaissance as described in subparagraph
62-160.800(1)(c)
1., F.A.C.
(3) "Clean techniques"
shall mean those applicable field sampling procedures and analytical methods
referenced in "Method 1669: Sampling Ambient Water for Trace Metals at EPA
Water Quality Criteria Levels, July 1996, USEPA, Office of Water, Engineering
and Analysis Division, Washington, D.C., " (
http://www.flrules.org/Gateway/reference.asp?No=Ref-06032),
which is incorporated by reference. Copies of the procedures and methods may be
obtained by writing to the Florida Department of Environmental Protection, 2600
Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.
(4) "Department" or "DEP" shall mean the
Florida Department of Environmental Protection.
(5) "Designated use" shall mean the present
and future most beneficial use of a body of water as designated by the
Environmental Regulation Commission by means of the classification system
contained in Chapter 62-302, F.A.C.
(6) "Estuary" shall mean predominantly marine
regions of interaction between rivers and nearshore ocean waters, where tidal
action and river flow mix fresh and salt water. Such areas include bays, mouths
of rivers, and lagoons.
(7)
"Impaired water" shall mean a waterbody or waterbody segment that does not meet
its applicable water quality standards as set forth in Chapters 62-302 and
62-4, F.A.C., as determined by the methodology in Part IV of this chapter, due
in whole or in part to discharges of pollutants from point or nonpoint
sources.
(8) "Lake" shall mean a
lentic fresh waterbody with a relatively long water residence time and an open
water area that is free from emergent vegetation under typical hydrologic and
climatic conditions. Aquatic plants, as defined in subsection
62-340.200(1),
F.A.C., may be present in the open water. Lakes do not include springs,
wetlands, or streams (except portions of streams that exhibit lake-like
characteristics, such as long water residence time, increased width, or
predominance of biological taxa typically found in non-flowing
conditions).
(9) "Lake Vegetation
Index (LVI)" shall mean a Biological Health Assessment that measures biological
health in predominantly freshwater lakes using aquatic and wetland plants,
performed and calculated using the Standard Operating Procedures for the LVI as
described in subparagraph
62-160.800(1)(c)
2., F.A.C.
(10) "Nuisance species"
shall mean species of flora or fauna whose noxious characteristics or presence
in sufficient number, biomass, or areal extent may reasonably be expected to
prevent, or unreasonably interfere with, a designated use of those
waters.
(11) "Nutrient" shall mean
total nitrogen (TN), total phosphorus (TP), nitrate-nitrite
(NO3 + NO2), or other organic or
inorganic forms of nitrogen or phosphorus.
(12) "Nutrient response variable" shall mean
a biological variable, such as chlorophyll
a, or biomass or
structure of the phytoplankton, periphyton or vascular plant community, that
responds to nutrient load or concentration in a predictable and measurable
manner. For purposes of interpreting paragraph
62-302.530(47)(b),
F.A.C., dissolved oxygen (DO) shall also be considered a nutrient response
variable if it is demonstrated for the waterbody that DO conditions result in
biological imbalance and the DO responds to a nutrient load or concentration in
a predictable and measurable manner.
(13) "Nutrient Watershed Region" shall mean a
drainage area over which the nutrient thresholds in paragraph
62-302.531(2)(c),
F.A.C., apply.
(a) The Panhandle West region
consists of the Perdido Bay Watershed, Pensacola Bay Watershed, Choctawhatchee
Bay Watershed, St. Andrew Bay Watershed, and Apalachicola Bay
Watershed.
(b) The Panhandle East
region consists of the Apalachee Bay Watershed, and Econfina/Steinhatchee
Coastal Drainage Area.
(c) The
North Central region consists of the Suwannee River Watershed and an area in
Alachua County stream to sink region affected by the Hawthorne
Formation.
(d) The West Central
region consists of the Peace, Myakka, Hillsborough, Alafia, Manatee, Little
Manatee River Watersheds, Sarasota/Lemon Bay Watershed and small, direct Tampa
Bay tributary watersheds south of the Hillsborough River Watershed.
(e) The Peninsula region consists of the
Waccasassa Coastal Drainage Area, Withlacoochee Coastal Drainage Area,
Crystal/Pithlachascotee Coastal Drainage Area, small, direct Tampa Bay
tributary watersheds west of the Hillsborough River Watershed, small, direct
Charlotte Harbor tributary watersheds south of the Peace River Watershed,
Caloosahatchee River Watershed, Estero Bay Watershed, Imperial River Watershed,
Kissimmee River/Lake Okeechobee Drainage Area, Loxahatchee/St. Lucie Watershed,
Indian River Watershed, Daytona/St. Augustine Coastal Drainage Area, St. John's
River Watershed, Nassau Coastal Drainage Area, and St. Mary's River
Watershed.
(f) The South Florida
region consists of those areas south of the Peninsula region, such as the
Cocohatchee River Watershed, Naples Bay Watershed, Rookery Bay Watershed, Ten
Thousand Islands Watershed, Lake Worth Lagoon Watershed, Southeast Coast -
Biscayne Bay Watershed, Everglades Watershed, Florida Bay Watershed, and the
Florida Keys.
A map of the Nutrient Watershed Regions, dated October 17,
2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06033),
is incorporated by reference herein and may be obtained by writing to the
Florida Department of Environmental Protection, 2600 Blair Stone Road, MS
#6511, Tallahassee, FL 32399-2400.
(14) "Open coastal waters" shall mean all
gulf or ocean waters that are not classified as estuaries or open ocean
waters.
(15) "Open ocean waters"
means all surface waters extending seaward from the most seaward natural
90-foot (15-fathom) isobath. Contour lines may be determined from National
Oceanic and Atmospheric Administration Charts.
(16) "Physical alterations" shall mean
human-induced changes to the physical structure of the waterbody.
(17) "Planning List" shall mean the list of
potentially impaired surface waters or segments identified pursuant to Part II
of this chapter where additional information is needed to evaluate whether the
water is impaired and a TMDL is needed, as provided in Section
403.067(2),
F.S.
(18) "Pollutant" shall be as
defined in section 502(6) of the CWA. Characteristics of a discharge, including
dissolved oxygen, pH, or temperature, shall also be defined as pollutants if
they result or may result in the potentially harmful alteration of downstream
waters.
(19) "Pollution" shall be
as defined in section 502(19) of the CWA and Section
403.031(7),
F.S.
(20) "Predominantly fresh
waters" shall mean surface waters in which the chloride concentration is less
than 1, 500 milligrams per liter or specific conductance is less than 4, 580
µmhos/cm. Measurements for making this determination shall be taken
within the bottom half of the water column.
(21) "Predominantly marine waters" shall mean
surface waters in which the chloride concentration is greater than or equal to
1, 500 milligrams per liter or specific conductance is greater than or equal to
4, 580 µmhos/cm. Measurements for making this determination shall be
taken within the bottom half of the water column.
(22) "Reference water" means a waterbody that
exhibits a range of physical, chemical and biological characteristics
approximating the natural background conditions of the same, or similar, type
of waterbody within an ecologically similar region. A reference water may be
representative of the water quality and structure and function of biological
communities of natural background conditions even if there is evidence of
limited human disturbance in the waterbody or watershed, as long as
anthropogenic sources do not produce a significant measurable or predicted
effect on the parameter of concern in the waterbody.
(23) "Secretary" shall mean the Secretary of
the Florida Department of Environmental Protection.
(24) "Shannon-Weaver Diversity Index" shall
mean: negative summation (from i=1 to s) of (ni/N) log2 (ni/N) where s is the
number of species in a sample, N is the total number of individuals in a
sample, and ni is the total number of individuals in species i.
(25) "Spill" shall mean a short-term,
unpermitted discharge to surface waters, not to include sanitary sewer
overflows or chronic discharges from leaking wastewater collection
systems.
(26) "Spring vent" shall
mean a location where groundwater flows out of a natural, discernable opening
in the ground onto the land surface or into a predominantly fresh surface
water.
(27) "Stream" shall mean a
predominantly fresh surface waterbody that flows in a defined channel with
banks. Streams do not include wetlands or portions of streams that exhibit lake
characteristics (e.g., long water residence time, increased width, and
predominance of biological taxa typically found in non-flowing
conditions).
(28) "Stream Condition
Index (SCI)" shall mean a Biological Health Assessment that measures stream
biological health in predominantly fresh waters using benthic
macroinvertebrates, performed and calculated using the Standard Operating
Procedures for the SCI as described in subparagraph
62-160.800(1)(c)
3., F.A.C. For water quality standards purposes, the Stream Condition Index
shall not apply in the South Florida Nutrient Watershed Region.
(29) "Study List" shall mean the list of
surface waters or segments where additional information is needed, as
identified in Rule
62-303.390, F.A.C.
(30) "Surface water" means those waters of
the State upon the surface of the earth to their landward extent, whether
contained in bounds created naturally or artificially or diffused. Water from
natural springs shall be classified as surface water when it exits from the
spring onto the earth's surface.
(31) "Total Maximum Daily Load" (TMDL) for an
impaired waterbody or waterbody segment shall mean the sum of the individual
wasteload allocations for point sources and the load allocations for nonpoint
sources and natural background. Prior to determining individual wasteload
allocations and load allocations, the maximum amount of a pollutant that a
waterbody or waterbody segment can assimilate from all sources without
exceeding water quality standards must first be calculated.
(32) "Verified List" shall mean the list of
impaired waterbodies or segments for which TMDLs will be developed, as provided
in Section 403.067(4),
F.S., and which will be submitted to EPA pursuant to section 303(d)(1) of the
CWA.
(33) "Water quality criteria"
shall mean elements of State water quality standards, expressed as constituent
concentrations, levels, or narrative statements, representing a quality of
water that supports the present and future most beneficial uses.
(34) "Water quality standards" shall mean
standards composed of designated present and future most beneficial uses
(classification of waters), the numeric and narrative criteria, including Site
Specific Alternative Criteria, applied to the specific water uses or
classification, the Florida antidegradation policy, and the moderating
provisions, such as variances, mixing zone rule provisions, or
exemptions.
(35) "Water segment"
shall mean a portion of a waterbody that the Department will assess and
evaluate for purposes of determining whether the waterbody is impaired and
whether the impairment is due to pollutant discharges.
(36) "Waters" shall be those surface waters
described in Section 403.031(13),
F.S.