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 Wekiva River (including Wekiwa Spring) and Rock Springs Run (nitrate and total phosphorus), Little ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-304.505: Middle St. Johns River 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 Wekiva River (including Wekiwa Spring) and Rock Springs Run (nitrate and total phosphorus), Little Wekiva Canal (total nitrogen, total phosphorus, and biochemical oxygen demand), Little Wekiva Canal and Little Wekiva River (fecal coliform), Spring Lake (total nitrogen and total phosphorus), Lake Florida (total nitrogen and total phosphorus), Lake Orienta (total nitrogen and total phosphorus), Lake Adalaide (total nitrogen and total phosphorus), Lake Lawne (total nitrogen and total phosphorus), Silver Lake (total nitrogen and total phosphorus), and Bay Lake (total nitrogen and total phosphorus).
SUMMARY: These TMDLs address the nutrient impairments in the Wekiva River (including Wekiwa Spring), Rock Springs Run, Spring Lake, Lake Florida, Lake Orienta, Lake Adalaide, Lake Lawne, Silver Lake, and Bay Lake, nutrient and dissolved oxygen impairments in the Little Wekiva Canal, and fecal coliform impairment in the Little Wekiva Canal and the Little Wekiva River, which were verified as impaired using the methodology established in Chapter 62-303, Identification of Impaired Surface Waters, Florida Administrative Code. The percent reduction method was used to develop the nitrate and total phosphorus TMDLs for the Wekiva River (including Wekiwa Spring) and Rock Springs Run, the Watershed Management Model (WMM), and Bathtub Model were used to simulate the total nitrogen and total phosphorus TMDLs for Spring Lake, Lake Florida, Lake Orienta, Lake Adalaide, Lake Lawne, Silver Lake, and Bay Lake. The United States Environmental Protection Agency Storm Water Management Model (SWMM) was used to simulate the BOD, total nitrogen, and total phosphorus TMDLs for Little Wekiva Canal. The load duration analysis method was used to develop the fecal coliform TMDLs for the Little Wekiva Canal and the Little Wekiva River.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Department does not plan to prepare a Statement of Estimated Regulatory Cost (SERC) for this proposed Rule.
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: 403.031, 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: May 15, 2008, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Lab Building, Room A204, 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 [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: Jan Mandrup-Poulsen, Division of Water Resource Management, Bureau of Watershed Management, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-304.505 Middle St. Johns River Basin TMDLs.

(1) Wekiwa Spring. The Total Maximum Daily Loads for Wekiwa Spring are to achieve 0.286 mg/L nitrate and 0.065 mg/L total phosphorus for the discharge from Wekiwa Spring, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 79% reduction of nitrate and a 64% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are a 79% reduction of nitrate and a 64% reduction of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(2) Wekiva River Upstream Segment. The Total Maximum Daily Loads for the Wekiva River Upstream Segment are to achieve 0.286 mg/L nitrate and 0.065 mg/L total phosphorus in the stream segment, and are allocated as follows:

(a) The Wasteload Allocation for wastewater sources are 2,805 lbs/month of nitrate and 40 lbs/month of total phosphorus. The wasteload allocations are granted to the Wekiva Hunt Club Wastewater Treatment Facility,

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 68% reduction of nitrate and a 61% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are a 68% reduction of nitrate and a 61% reduction of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(3) Wekiva River Downstream Segment. The Total Maximum Daily Loads for the Wekiva River Downstream Segment are to achieve 0.286 mg/L nitrate and 0.065 mg/L total phosphorus in the stream segment, and are allocated as follows:

(a) The Wasteload Allocations for wastewater sources are 572 lbs/month of total nitrogen and 191 lbs/month of total phosphorus granted to the SCES/Yankee Lake Wastewater Reclamation Facility, and 91 lbs/month of nitrate and 26 lbs/month of total phosphorus granted to the Altamonte Springs Regional Wastewater Reclamation Facility.

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 47% reduction of nitrate and a 57% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are a 47% reduction of nitrate and a 57% reduction of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(4) Rock Springs. The Total Maximum Daily Loads for Rock Springs are to achieve 0.286 mg/L nitrate and 0.065 mg/L total phosphorus for the discharge from Rock Springs, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 81% reduction of nitrate and a 23% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are a 81% reduction of nitrate and a 23% reduction of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(5) Rock Springs Run. The Total Maximum Daily Loads for Rock Springs Run are to achieve 0.286 mg/L nitrate and 0.065 mg/L total phosphorus in the stream segment, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 63% reduction of nitrate and a 58% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are a 63% reduction of nitrate and a 58% reduction of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(6) Little Wekiva Canal dissolved oxygen TMDL. The Total Maximum Daily Loads to address the low dissolved oxygen condition in Little Wekiva Canal are 76,554 lbs/year of biochemical oxygen demand and 42, 624 lbs/year total nitrogen, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 11% reduction of biochemical oxygen demand and a 45% reduction of total nitrogen based on data in the period from 1997 through 2005,

(c) The Load Allocations for nonpoint sources are 76,554 lbs/year of biochemical oxygen demand and 42, 624 lbs/year total nitrogen based on data in the period from 1997 through 2005, and

(d) The Margin of Safety is implicit.

(7) Fecal Coliform TMDL for Little Wekiva Canal and Little Wekiva River: The Total Maximum Daily Load is an annual median of 2.06 x 10¹¹ colonies/day and is allocated as follows:

(a) The Wasteload Allocation for the City of Altamonte Springs Regional Wastewater Reclamation Facility is 1.19 x 10⁸ colonies/day.

(b) 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 coloform criteria which, based on the measured concentrations from the 1996 through 2003 period, will require a 43% reduction at sources contributing to exceedances of the criteria,

(c) The Load Allocation for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coloform criteria which, based on the measured concentrations from the 1996 through 2003 period, will require a 43% reduction of sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for fecal coliform have been expressed as the percent reductions 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 concentration.  However, it is not the intent of the TMDL to abate natural background conditions.

(8) Spring Lake. The Total Maximum Daily Loads for Spring Lake are 8,551 lbs/year of total nitrogen and 641 lbs/year of total phosphorus, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 30% reduction of total nitrogen and a 65% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are 8,551 lbs/year of total nitrogen and 641 lbs/year of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(9) Lake Florida. The Total Maximum Daily Loads for Lake Florida are 8,377 lbs/year of total nitrogen and 571 lbs/year of total phosphorus, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 34% reduction of total nitrogen and a 69% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are 8,377 lbs/year of total nitrogen and 571 lbs/year of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(10) Lake Orienta. The Total Maximum Daily Loads for Lake Orienta are 6,092 lbs/year of total nitrogen and 451 lbs/year of total phosphorus, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 42% reduction of total nitrogen and a 74% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are 6,092 lbs/year of total nitrogen and 451 lbs/year of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(11) Lake Adelaide. The Total Maximum Daily Loads for Lake Adelaide are 3,003 lbs/year of total nitrogen and 228 lbs/year of total phosphorus, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 40% reduction of total nitrogen and a 72% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are 3,003 lbs/year of total nitrogen and 228 lbs/year of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(12) Lake Lawne. The Total Maximum Daily Loads for Lake Lawne are 21,692 lbs/year of total nitrogen and 2,005 lbs/year of total phosphorus, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 26% reduction of total nitrogen and a 49% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are 21,692 lbs/year of total nitrogen and 2,005 lbs/year of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(13) Silver Lake. The Total Maximum Daily Loads for Silver Lake are 6,241 lbs/year of total nitrogen and 370 lbs/year of total phosphorus, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 24% reduction of total nitrogen and a 70% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are 6,241 lbs/year of total nitrogen and 370 lbs/year of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

(14) Bay Lake. The Total Maximum Daily Loads for Bay Lake are 1,428 lbs/year of total nitrogen and 109 lbs/year of total phosphorus, and are allocated as follows:

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

(b) The Wasteload Allocations for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program are a 39% reduction of total nitrogen and a 66% reduction of total phosphorus based on data in the period from 1996 through 2006,

(c) The Load Allocations for nonpoint sources are 1,428 lbs/year of total nitrogen and 109 lbs/year of total phosphorus based on data in the period from 1996 through 2006, and

(d) The Margin of Safety is implicit.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Deputy Director, Division of Water Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi Drew, Deputy Secretary Regulatory Programs and Energy, Department of Environmental Protection
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 4, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 21, 2008