Fla. Admin. Code Ann. R. 62-303.460 - Primary Contact and Recreation Use Support

(1) The Department shall review the data used by the DOH as the basis for bathing area closures, advisories or warnings and verify that the values exceeded the applicable DOH thresholds and the data meet the requirements of Chapter 62-160, F.A.C. If the segment is listed on the Planning List based on bathing area closures, advisories, or warnings issued by a local health department or county government, the closures, advisories, or warnings based on red tides, rip tides, sewage spills, sewer line breaks, dangerous aquatic life, medical wastes, hurricanes, or other factors not related to chronic discharges of pollutants shall not be included when verifying primary contact and recreation use support. The Department shall then re-evaluate the remaining data using the methodology in subsection 62-303.360(2), F.A.C. Water segments that meet the criteria in subsection 62-303.360(2), F.A.C., shall be included on the Verified List as impaired.

(2) If the water segment was listed on the Planning or Study List due to samples that do not meet water quality criteria for bacteriological quality, the Department shall, to the extent practical, evaluate the source of bacteriological contamination and shall verify that the impairment is due to chronic sources of human-induced bacteriological pollutants before verifying the water segment is impaired. The Department shall take into account the proximity of municipal stormwater outfalls, septic tanks, domestic wastewater facilities, and other anthropogenic discharges when evaluating potential sources of bacteriological pollutants. For water segments that contain municipal stormwater outfalls, the impairment documented for the segment shall be presumed to be due, at least in part, to chronic discharges of bacteriological pollutants. The Department shall then re-evaluate the data using the methodology in subsection 62-303.320(1), F.A.C., excluding any values that have been demonstrated to be elevated solely due to non-anthropogenic sources. If information is provided to the Department indicating that the exceedances may be due to natural sources but there is uncertainty whether anthropogenic sources contributed to the exceedances, the water segment shall be placed on the Study List pursuant to paragraph 62-303.390(2)(g), F.A.C.

(3) Water segments shall be included on the Verified List if:

(a) The number of samples that exceed the applicable bacteriological water quality criteria expressed as a TPTV meets 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), (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) There are one or more exceedances of a bacteriological water quality criterion expressed as a monthly geometric mean during the verified period. Data must meet the requirements of subsections 62-303.320(2), (3), (4)(e) -(4)(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. To assess the monthly data for a sampling location, there shall be at least ten samples collected within that month, with at least one sample from each full week of the month.

(4) When assessing waters pursuant to paragraphs 62-303.460(3)(a) and (b), F.A.C., the Department shall evaluate whether the samples are representative and are not biased toward collecting samples at times either under the influence of wet weather conditions or absent the influence of wet weather conditions. Representative sampling generally reflects a consistent number of samples evenly spaced over regular intervals. Any determinations to exclude waters based on this provision shall be documented, and the documentation shall include the basis for the decision.

Notes

Fla. Admin. Code Ann. R. 62-303.460

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS.

New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, Amended by Florida Register Volume 42, Number 021, February 02, 2016 effective 2/17/2016.

New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, 2-17-16.