The purpose of the proposed rule is to establish a fecal coliform Total Maximum Daily Load (TMDL), and its allocation, for Unnamed Branch, which is located in Nassau County, in northeast Florida, near the Town of Callahan and flows directly into ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-304.425: Nassau Basin TMDLs
PURPOSE AND EFFECT: The purpose of the proposed rule is to establish a fecal coliform Total Maximum Daily Load (TMDL), and its allocation, for Unnamed Branch, which is located in Nassau County, in northeast Florida, near the Town of Callahan and flows directly into Alligator Creek and then into Mills Creek, which discharges into the Nassau River.

SUMMARY: The TMDL addresses the fecal coliform impairment in Unnamed Branch, which was verified as impaired due to elevated fecal coliform levels using the methodology established in Chapter 62-303, Identification of Impaired Surface Waters, Florida Administrative Code, and was included on the list of impaired waters adopted by Secretarial Order on May 3, 2006. The TMDL was developed using the “percent reduction” method and provides the percent reduction in in-stream fecal coliform concentrations needed for the branch to meet applicable water quality criteria for fecal coliform.

The proposed TMDL is a “phased” TMDL, as authorized in 403.067(6)(c), Florida Statutes. A phased TMDL, which allows for phased implementation, is appropriate because there are inadequate data available to identify the specific sources of coliform loads.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Department does not plan to prepare a Statement of Estimated Regulatory Cost (SERC) for this proposed Rule.

Any person who wishes to provide a proposal for a lower cost regulatory alternative or wishes to provide information regarding estimated regulatory costs, must do so in writing within 21 days of this notice.

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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: March 14, 2007, 9:00 a.m.

PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Twin Towers Office Building, 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 48 hours before the workshop/meeting by contacting: Ms. Pat Waters at [phone]. 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: Daryll Joyner, Division of Water Resource Management, Bureau of Watershed Management, Mail Station 3510, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

Part IV. TMDLS IN THE NORTHEAST FLORIDA DISTRICT

62-304.425 Nassau Basin TMDLs.

(1) Unnamed Branch Fecal Coliform TMDL. The fecal coliform Total Maximum Daily Load for Unnamed Branch is 400 counts/100 mL, and is allocated as follows:

(a) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2004 period, will require a 46% reduction at sources contributing to exceedances of the criteria,

(b) The Load Allocation for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2004 period, will require a 46% reduction at sources contributing to exceedances of the criteria, and

(c) The Margin of Safety is implicit.

(2) While the Load Allocation and Wasteload Allocation for fecal coliform have been expressed as the percent reduction needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream fecal coliform concentrations. However, it is not the intent of these Total maximum Daily Loads to abate natural background conditions.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.031, 403.061, 403.062, 403.067 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jerry Brooks, Deputy Director, Division of Water Resource Management

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi Drew, Deputy Secretary, Department of Environmental Protection

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 31, 2007

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 23, 2006