62-302.300. Findings, Intent, and Antidegradation Policy for Surface Water Quality

(1) Article II, Section 7 of the Florida Constitution requires abatement of water pollution and conservation and protection of Florida’s natural resources and scenic beauty.

(2) Congress, in Section 101(a)(2) of the Federal Water Pollution Control Act, as amended, declares that achievement by July 1, 1983, of water quality sufficient for the protection and propogation of fish, shellfish, and wildlife, as well as for recreation in and on the water, is an interim goal to be sought whenever attainable. Congress further states in Section 101(a)(3), that it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited.

(3) The present and future most beneficial uses of all waters of the State have been designated by the Department by means of the classification system set forth in this Chapter pursuant to Section 403.061(10), F.S. Water quality standards are established by the Department to protect these designated uses.

(4) Because activities outside the State sometimes cause pollution of Florida’s waters, the Department will make every reasonable effort to have such pollution abated.

(5) Water quality standards apply equally to and shall be uniformly enforced in both the public and private sector.

(6) Public interest shall not be construed to mean only those activities conducted solely to provide facilities or benefits to the general public. Private activities conducted for private purposes may also be in the public interest.

(7) The Commission, recognizing the complexity of water quality management and the necessity to temper regulatory actions with the technological progress and the social and economic well-being of people, urges, however, that there be no compromise where discharges of pollutants constitute a valid hazard to human health.

(8) The Commission requests that the Secretary seek and use the best environmental information available when making decisions on the effects of chronically and acutely toxic substances and carcinogenic, mutagenic, and teratogenic substances. Additionally, the Secretary is requested to seek and encourage innovative research and developments in waste treatment alternatives that might better preserve environmental quality or at the same time reduce the energy and dollar costs of operation.

(9) The criteria set forth in this Chapter are minimum levels which are necessary to protect the designated uses of a water body. It is the intent of this Commission that permit applicants should not be penalized due to a low detection limit associated with any specific criteria.

(10)(a) The Department’s rules that were adopted on March 1, 1979, regarding water quality standards are designed to protect the public health or welfare and to enhance the quality of waters of the State. They have been established taking into consideration the use and value of waters of the State for public water supplies, propogation of fish and wildlife, recreational purposes, and agricultural, industrial, and other purposes, and also taking into consideration their use and value for navigation.

(b) Under the approach taken in the formulation of the rules adopted in this proceeding:

1. The Department’s rules that were adopted on March 1, 1979, regarding water quality standards are based upon the best scientific knowledge related to the protection of the various designated uses of waters of the State; and

2. The mixing zone, zone of discharge, site specific alternative criteria, exemption, and equitable allocation provisions are designed to provide an opportunity for the future consideration of factors relating to localized situations which could not adequately be addressed in this proceeding, including economic and social consequences, attainability, irretrievable conditions, natural background, and detectability.

(c) This is an even-handed and balanced approach to attainment of water quality objectives. The Commission has specifically recognized that the social, economic and environmental costs may, under certain special circumstances, outweigh the social, economic and environmental benefits if the numerical criteria are enforced statewide. It is for that reason that the Commission has provided for mixing zones, zones of discharge, site specific alternative criteria, exemptions and other provisions in Chapters 62-302, 62-4, 62-600, and 62-660, F.A.C. Furthermore, the continued availability of the moderating provisions is a vital factor providing a basis for the Commission’s determination that water quality standards applicable to water classes in the rule are attainable taking into consideration environmental, technological, social, economic and institutional factors. The companion provisions of Chapters 62-4, 62-600, 62-660, F.A.C., approved simultaneously with these Water Quality Standards are incorporated herein by reference as a substantive part of the State’s comprehensive program for the control, abatement and prevention of water pollution.

(d) Without the moderating provisions described in subparagraph (b)2. above, the Commission would not have adopted the revisions described in (b)1. above nor determined that they are attainable as generally applicable water quality standards.

(11) Section 403.021(11), F.S., declares that the public policy of the State is to conserve the waters of the State to protect, maintain, and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and other aquatic life, and for domestic, agricultural, industrial, recreational, and other beneficial uses. It also prohibits the discharge of wastes into Florida waters without treatment necessary to protect those beneficial uses of the waters.

(12) The Department shall assure that there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources, and all cost-effective and reasonable best management practices for nonpoint source control. For the purposes of this rule, highest statutory and regulatory requirements for new and existing point sources are those which can be achieved through imposition of effluent limits required under Sections 301(b) and 306 of the Federal Clean Water Act (as amended in 1987) and Chapter 403, F.S. For the purposes of this rule, cost-effective and reasonable best management practices for nonpoint source control are those nonpoint source controls authorized under Chapters 373 and 403, F.S., and Department rules.

(13) The Department finds that excessive nutrients (total nitrogen and total phosphorus) constitute one of the most severe water quality problems facing the State. It shall be the Department’s policy to limit the introduction of man-induced nutrients into waters of the State. Particular consideration shall be given to the protection from further nutrient enrichment of waters which are presently high in nutrient concentrations or sensitive to further nutrient concentrations and sensitive to further nutrient loadings. Also, particular consideration shall be given to the protection from nutrient enrichment of those waters presently containing very low nutrient concentrations: less than 0.3 milligrams per liter total nitrogen or less than 0.04 milligrams per liter total phosphorus.

(14) Existing uses and the level of water quality necessary to protect the existing uses shall be fully maintained and protected. Such uses may be different or more extensive than the designated use.

(15) Pollution which causes or contributes to new violations of water quality standards or to continuation of existing violations is harmful to the waters of this State and shall not be allowed. Waters having water quality below the criteria established for them shall be protected and enhanced. However, the Department shall not strive to abate natural conditions.

(16) If the Department finds that a new or existing discharge will reduce the quality of the receiving waters below the classification established for them or violate any Department rule or standard, it shall refuse to permit the discharge.

(17) If the Department finds that a proposed new discharge or expansion of an existing discharge will not reduce the quality of the receiving waters below the classification established for them, it shall permit the discharge if such degradation is necessary or desirable under federal standards and under circumstances which are clearly in the public interest, and if all other Department requirements are met. Projects permitted under Part IV of Chapter 373, F.S., shall be considered in compliance with this subsection if those projects comply with the requirements of Section 373.414(1), F.S.; also projects permitted under the grandfather provisions of Sections 373.414(11) through (16), F.S., or permitted under Section 373.4145, F.S., shall be considered in compliance with this subsection if those projects comply with the requirements of subsection 62-312.080(2), F.A.C.

(18)(a) Except as provided in subparagraphs (b) and (c) of this paragraph, an applicant for either a general or generic permit or renewal of an existing permit for which no expansion of the discharge is proposed is not required to show that any degradation from the discharge is necessary or desirable under federal standards and under circumstances which are clearly in the public interest.

(b) If the Department determines that the applicant has caused degradation of water quality over and above that allowed through previous permits issued to the applicant, then the applicant shall demonstrate that this lowering of water quality is necessary or desirable under federal standards and under circumstances which are clearly in the public interest. These circumstances are limited to cases where it has been demonstrated that degradation of water quality is occurring due to the discharge.

(c) If the new or expanded discharge was initially permitted by the Department on or after October 4, 1989, and the Department determines that an antidegradation analysis was not conducted, then the applicant seeking renewal of the existing permit shall demonstrate that degradation from the discharge is necessary or desirable under federal standards and under circumstances which are clearly in the public interest.

(19) The implementation of numeric nutrient standards under Rules 62-302.531 and 62-302.532, F.A.C., shall be implemented consistent with the document titled “Implementation of Florida’s Numeric Nutrient Standards,” dated April 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02905), which is incorporated by reference herein. Copies of this document may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400. This document references the following documents, which are incorporated by reference and may be obtained from the address above.

(a) The following documents are incorporated by reference herein:

1. Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02906);

2. Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02907);

3. SCI 1000 Stream Condition Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06039);

4. LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06037);

5. FS 7000 General Biological Community Sampling (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06041);

6. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06042);

7. Development of Type III Site Specific Alternative Criteria (SSAC) for Nutrients, (DEP-SAS-004/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02912);

8. Applicability of Chlorophyll a Methods (DEP-SAS-002/10), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02914);

9. Map of the Nutrient Watershed Regions, dated October 17, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02915);

10. 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 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02916);

11. Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., dated July 9, 2006 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02917); and

12. Rules 62-302.200 and 62-302.400, paragraphs 62-302.530(47)(a) and (47)(b), and Rules 62-302.531, 62-302.532, 62-302.800, 62-303.100, 62-303.350, 62-303.353, 62-303.390, 62-303.450, 62-340.200, 62-620.610, 62-620.620, 62-650.400, and 62-650.500, F.A.C.

(b) The following documents, each of which is incorporated by reference herein, are cited in Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02906):

1. SCI 1000 Stream Condition Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06039);

2. LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06037);

3. FS 7000 General Biological Community Sampling (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06041);

4. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06042);

5. Development of Type III Site Specific Alternative Criteria (SSAC) for Nutrients, (DEP-SAS-004/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02912); and

6. Development of Aquatic Life Use Support Attainment Thresholds for Florida’s Stream Condition Index and Lake Vegetation Index (DEP-SAS-003/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02913).

(c) The following document, which is incorporated by reference herein, is cited in Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02907): LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-04334).

(d) The following documents, each of which is incorporated by reference herein, are cited in one of the Standard Operating Procedures identified above in paragraph 62-302.300(19)(a), F.A.C.

1. SCI 1000 Stream Condition Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06039):

a. Merritt, R.W., and Cummins, K.W., An Introduction to the Aquatic Insects of North America, Third Edition, 1996;

b. Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02906); and

c. FT 3100 Stream and River Habitat Assessment (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06035).

2. LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06037):

a. Rule 62-340.450, F.A.C.; and

b. Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02907).

3. FS 7000 General Biological Community Sampling (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06041): Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02907).

4. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06042): FA 5720, Section 1, Training for Habitat Assessment Testing, in DEP-SOP-001/01, dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06036).

(e) The following documents, each of which is incorporated by reference herein, are cited in Development of Type III Site Specific Alternative Criteria (SSAC) for Nutrients, (DEP-SAS-004/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02912), identified above in Subsection 62-302.300(19), F.A.C.

1. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06042);

2. Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02906);

3. Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02907);

4. Chapters 62-160 and 62-303, paragraphs 62-302.530(47)(b), 62-302.531(2)(a), and 62-302.531(c), and Rules 62-302.531 and 62-302.800, F.A.C.;

5. Process for Assessing Data Usability (DEP-EA 001/07), dated March 31, 2008 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02919);

6. Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities, Unified Guidance, U.S. Environmental Protection Agency, EPA-530/R-09-007, March 2009 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02920); and

7. Helsel, D.R. and R. M. Hirsch, Techniques of Water-Resources Investigations of the United States Geological Survey, Book 4, Hydrologic Analysis and Interpretation, Chapter A3, Statistical Methods in Water Resources, pages 80 – 81, September 2002, U.S. Geological Survey (http://www.flrules.org/Gateway/reference.asp?No=Ref-02921).

(f) The following scientific analytical methods and documents, each of which is incorporated by reference herein, are cited in Applicability of Chlorophyll a Methods (DEP-SAS-002/10), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02914), identified above in Subsection 62-302.300(19), F.A.C.

1. Method 445.0 In Vitro Determination of Chlorophyll a and Pheophytin a in Marine and Freshwater Algae by Fluorescence, Elizabeth J. Arar and Gary B. Collins, Revision 1.2, September 1997, National Exposure Research Laboratory, Office of Research and Development, U.S. Environmental Protection Agency, Cincinnati, OH (http://www.flrules.org/Gateway/reference.asp?No=Ref-02922);

2. Method 446.0 In Vitro Determination of Chlorophylls a, b, c1 + c2 and Pheopigments in Marine And Freshwater Algae by Visible Spectrophotometry, adapted by Elizabeth J. Arar, Revision 1.2, September 1997, National Exposure Research Laboratory, Office of Research and Development, U.S. Environmental Protection Agency, Cincinnati, OH (http://www.flrules.org/Gateway/reference.asp?No=Ref-02923);

3. Method 447.0 Determination of Chlorophylls a and b and Identification of Other Pigments of Interest in Marine and Freshwater Algae Using High Performance Liquid Chromatography with Visible Wavelength Detection, Elizabeth J. Arar, Version 1.0, September 1997, National Exposure Research Laboratory, Office of Research and Development, U.S. Environmental Protection Agency, Cincinnati, OH (http://www.flrules.org/Gateway/reference.asp?No=Ref-02924); and

4. Standard Methods for the Examination of Water and Wastewater, Methods H.2.b, H.3. and H.4., 1999, American Public Health Association, American Water Works Association, Water Environment Federation (http://www.flrules.org/Gateway/reference.asp?No=Ref-02925).

(g) The following rules, each of which is incorporated by reference herein, are cited in Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., dated July 9, 2006 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02917): Rules 62-4.242 and 62-4.246, F.A.C., paragraphs 62-4.244(3)(a) and (d), F.A.C., Chapters 62-160, 62-302, 62-520, 62-522, 62-528, 62-600, 62-601, 62-604, 62-610, 62-611, 62-620, 62-625, 62-640, 62-650, 62-660, 62-670, 62-671, 62-672, and 62-673, F.A.C.

Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 373.414, 403.021(11), 403.061, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, 403.802 FS. History–Formerly 17-3.041, Amended 1-28-90, Formerly 17-3.042, 17-302.300, Amended 12-19-94, 1-23-95, 12-26-96, 5-15-02, 12-7-06, 7-17-13, 2-17-16.