The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs) and their allocations. The TMDLs to be adopted through this rule are for the main stem segments of the Indian River Lagoon and Banana River Lagoon, including Indian River above ...  


  • RULE NO: RULE TITLE
    62-304.520: Indian River Lagoon TMDLs
    PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs) and their allocations. The TMDLs to be adopted through this rule are for the main stem segments of the Indian River Lagoon and Banana River Lagoon, including Indian River above Max Brewer Causeway, Indian River above NASA Causeway, Indian River above 520 Causeway, Indian River above Melbourne Causeway, Indian River above Sebastian Inlet, South Indian River, Banana River above Barge Canal, Banana River below 520 Causeway, Banana River above 520 Causeway, and Newfound Harbor.
    SUMMARY: These TMDLs address the nutrient impairments in the main stems of Indian River Lagoon and Banana River Lagoon. Nutrient impairments in these waters were verified using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The Pollutant Load Screening Model (PLSM) and Hydrological Simulation Program – Fortran (HSPF) were used to simulate the nutrient loadings from the drainage basin. Seagrass maps from multiple years were unified to derive the depth-limit target for seagrass restoration. The final nutrient loading targets were established based on the correlation relationships between the drainage basin nutrient loadings and seagrass depth limits in these water segments.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    SPECIFIC AUTHORITY: 403.061, 403.067 FS.
    LAW IMPLEMENTED: 403.061, 403.062, 403.067 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: Friday, February 6, 2009, 10:00 a.m. – 12:00 Noon
    PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Tallahassee, Florida
    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ms. Pat Waters at (850)245-8449. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, Bureau of Watershed Restoration, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8448

    THE FULL TEXT OF THE PROPOSED RULE IS:

    62-304.520 Indian River Lagoon Basin TMDLs.

    (1) through (2) No change.

    (3) Indian River above Max Brewer Causeway: The Total Maximum Daily Loads (TMDLs) for the Indian River above Max Brewer Causeway are 177,220 lb/year of total nitrogen and 9,320 lb/year of total phosphorus, and are allocated as follows:

    (a) The Wasteload Allocation (WLA) for wastewater sources is not applicable,

    (b) The combined rainfall-driven nutrient loads of 177,220 lb/year of total nitrogen and 9,320 lb/year of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), to be allocated as follows:

    1. WLAs for discharges subject to the Department’s National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permitting Program are a 35% reduction of total nitrogen and a 47% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005),

    2. The LAs for nonpoint sources are a 35% reduction of total nitrogen and a 47% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

    (c) The Margin of Safety is implicit. Not including the direct atmospheric deposition in the calculation makes the estimation of needed percent reduction more stringent and therefore adds to the margin of safety.

    (4) Indian River above NASA Causeway: The TMDLs for the Indian River above NASA Causeway are 173,232 lb/year of total nitrogen and 14,793 lb/year of total phosphorus, and are allocated as follows:

    (a) The WLA for wastewater sources is not applicable,

    (b) The combined rainfall-driven nutrient loads of 173,232 lb/year of total nitrogen and 14,793 lb/year of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), to be allocated as follows:

    1. WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 35% reduction of total nitrogen and a 47% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005),

    2. The LAs for nonpoint sources are a 35% reduction of total nitrogen and a 47% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

    (c) The Margin of Safety is implicit. Not including the direct atmospheric deposition in the calculation makes the estimation of needed percent reduction more stringent and therefore adds to the margin of safety.

    (5) Indian River above 520 Causeway: The TMDLs for the Indian River above 520 Causeway are 147,524 lb/year of total nitrogen and 11,845 lb/year of total phosphorus, and are allocated as follows:

    (a) The WLA for wastewater sources are 8,111 lb/year of total nitrogen and 1,609 lb/year of total phosphorus. The WLAs are granted to Cocoa Water Reclamation Facility (5,556 lb/year of total nitrogen and 1,423 lb/year of total phosphorus), FP & L Cape Canaveral Plant (2,555 lb/year of total nitrogen and 146 lb/year of total phosphorus), and Reliant Energy-Indian River Plant (40 lb/year total nitrogen).

    (b) The combined rainfall-driven nutrient loads of 139,413 lb/year of total nitrogen and 10,236 lb/year of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), to be allocated as follows:

    1. WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 36% reduction of total nitrogen and a 53% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005),

    2. The LAs for nonpoint sources are a 36% reduction of total nitrogen and a 53% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

    (c) The Margin of Safety is implicit. Not including the direct atmospheric deposition in the calculation makes the estimation of needed percent reduction more stringent and therefore adds to the margin of safety.

    (6) Indian River above Melbourne Causeway: The TMDLs for the Indian River above Melbourne Causeway are 189,068 lb/year of total nitrogen and 20,592 lb/year of total phosphorus, and are allocated as follows:

    (a) The WLA for wastewater sources are 9,200 lb/year of total nitrogen and 225 lb/year of total phosphorus.  The WLAs are granted to Rockledge Wastewater Treatment Facility (30 lb/year of total nitrogen and 30 lb/year of total phosphorus), and Melbourne Reverse Osmosis (9,170 lb/year of total nitrogen and 195 lb/year of total phosphorus).

    (b) The combined rainfall-driven nutrient loads of 179,868 lb/year of total nitrogen and 20,367 lb/year of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), to be allocated as follows:

    1. WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 36% reduction of total nitrogen and a 48% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005),

    2. The LAs for nonpoint sources are a 36% reduction of total nitrogen and a 48% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

    (c) The Margin of Safety is implicit. Not including the flushing effects of Sebastian Inlet and the direct atmospheric deposition in the calculation makes the estimation of needed percent reduction more stringent and therefore adds to the margin of safety.

    (7) Indian River above Sebastian Inlet and the northern South Indian River: The TMDLs for the Indian River above Sebastian Inlet and the northern South Indian River are 684,715 lb/year of total nitrogen and 111,594 lb/year of total phosphorus, and are allocated as follows:

    (a) The WLA for wastewater sources are 831 lb/year of total nitrogen and 122 lb/year of total phosphorus. The WLAs are granted to BCUD/South Beaches Wastewater Treatment Facility (173 lb/year of total nitrogen and 36 lb/year of total phosphorus), Melbourne/Grant Street Wastewater Treatment Facility (182 lb/year of total nitrogen and 8 lb/year of total phosphorus), and Barefoot Bay Advanced Wastewater Treatment Facility (476 lb/year of total nitrogen and 78 lb/year of total phosphorus).

    (b) The combined rainfall-driven nutrient loads of 683,884 lb/year of total nitrogen and 111,472 lb/year of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), to be allocated as follows:

    1. WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 56% reduction of total nitrogen and a 48% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005),

    2. The LAs for nonpoint sources are a 56% reduction of total nitrogen and a 48% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

    (c) The Margin of Safety is implicit. Not including the flushing effects of Sebastian Inlet and the direct atmospheric deposition in the calculation makes the estimation of needed percent reduction more stringent and therefore adds to the margin of safety.

    (8) Central and southern South Indian River: The TMDLs for the Central and southern South Indian River are 278,273 lb/year of total nitrogen and 53,599 lb/year of total phosphorus, and are allocated as follows:

    (a) The WLA for wastewater sources is 25,391 lb/year of total nitrogen and 1,949 lb/year of total phosphorus. The WLAs are granted to Vero Beach Wastewater Treatment Facility (12,173 lb/year of total nitrogen and 916 lb/year of total phosphorus), Vero Beach Demineralization Concentrate (2,985 lb/year of total nitrogen and 487 lb/year of total phosphorus), IRCUD/Hobart Park Demineralization Concentrate (2,759 lb/year of total nitrogen and 96 lb/year of total phosphorus), IRCUD/West Regional Wastewater Treatment Facility (2,838 lb/year of total nitrogen and 159 lb/year of total phosphorus), and IRCUD/South County Reverse Osmosis, Potable Water Treatment Plant (4,636 lb/year of total nitrogen and 291 lb/year of total phosphorus).

    (b) The combined rainfall-driven nutrient loads of 252,882 lb/year of total nitrogen and 51,650 lb/year of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), to be allocated as follows:

    1. WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 56% reduction of total nitrogen and a 48% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005),

    2. The LAs for nonpoint sources are a 56% reduction of total nitrogen and a 48% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

    (c) The Margin of Safety is implicit. Not including the flushing effects of Sebastian Inlet and the direct atmospheric deposition in the calculation makes the estimation of needed percent reduction more stringent and therefore adds to the margin of safety.

    (9) Banana River above Barge Canal: The TMDLs for the Banana River above Barge Canal are 115,314 lb/year of total nitrogen and 7,825 lb/year of total phosphorus, and are allocated as follows:

    (a) The WLA for wastewater sources is 1,214 lb/year of total nitrogen and 302 lb/year of total phosphorus. The WLA is granted to Morton Salt Industrial Wastewater Treatment and Disposal System (1,214 lb/year of total nitrogen and 302 lb/year of total phosphorus).

    (b) The combined rainfall-driven nutrient loads of 115,100 lb/year of total nitrogen and 7,523 lb/year of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), to be allocated as follows:

    1. WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 67% reduction of total nitrogen and a 72% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005),

    2. The LAs for nonpoint sources are a 67% reduction of total nitrogen and a 72% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

    (c) The Margin of Safety is implicit. Not including the direct atmospheric deposition in the calculation makes the estimation of needed percent reduction more stringent and therefore adds to the margin of safety.

    (10) Banana River below 520 Causeway and Banana River above 520 Causeway: The TMDLs for the Banana River below 520 Causeway and Banana River above 520 Causeway are 144,780 lb/year of total nitrogen and 12,181 lb/year of total phosphorus, and are allocated as follows:

    (a) The WLA for wastewater sources is 6,173 lb/year of total nitrogen and 1,221 lb/year of total phosphorus. The WLAs are granted to Cape Canaveral Water Reclamation Facility (2,151 lb/year of total nitrogen and 158 lb/year of total phosphorus), and Cocoa Beach Water Reclamation Facility (4,022 lb/year of total nitrogen and 1,063 lb/year of total phosphorus).

    (b) The combined rainfall-driven nutrient loads of 138,607 lb/year of total nitrogen and 10,960 lb/year of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), to be allocated as follows:

    1. WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 59% reduction of total nitrogen and a 64% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005),

    2. The LAs for nonpoint sources are a 59% reduction of total nitrogen and a 64% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

    (c) The Margin of Safety is implicit. Not including the direct atmospheric deposition in the calculation makes the estimation of needed percent reduction more stringent and therefore adds to the margin of safety.

    (11) Newfound Harbor: The TMDLs for Newfound Harbor are 30,661 lb/year of total nitrogen and 3,247 lb/year of total phosphorus, and are allocated as follows:

    (a) The WLA for wastewater sources is not applicable,

    (b) The combined rainfall-driven nutrient loads of 30,661 lb./year of total nitrogen and 3,247 lb/year of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), to be allocated as follows:

    1. WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 66% reduction of total nitrogen and a 70% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005),

    2. The LAs for nonpoint sources are a 66% reduction of total nitrogen and a 70% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

    (c) The Margin of Safety is implicit. Not including the direct atmospheric deposition in the calculation makes the estimation of needed percent reduction more stringent and therefore adds to the margin of safety.

    Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended_______.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Deputy Director, Division of Water Resource Management
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Secretary, Department of Environmental Protection
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 19, 2008
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 31, 2008