62-304.600: Tampa Bay Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs) and their allocations for waters in the Tampa Bay Basin that are impaired for fecal coliform.
SUMMARY: These TMDLs address fecal coliform impairments in the Tampa Bay Basin. Specifically, the TMDL rules being proposed for adoption are for Allen Creek (tidal), Alligator Creek, Bellows Lake Outlet, Bishop Creek (freshwater and tidal segments), Brushy Creek, Bullfrog Creek (freshwater and tidal segments), Cross Canal (North), Double Branch, Little Bullfrog Creek, Lower Rocky Creek, Moccasin Creek (tidal), Mullet Creek (freshwater and tidal segments), Rocky Creek, and Sweetwater Creek. These waterbodies were verified as impaired using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodologies used to develop the TMDLs were either the percent reduction or load duration analysis method. These TMDLs were originally published in August 2009; however, because certain other TMDLs also proposed for Rule 62-304.600, F.A.C., are the subject of an administrative challenge, the Department must republish these TMDLs so that they may proceed separately for adoption. This rulemaking has been given OGC case number 10-1477.
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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: May 27, 2010, 9:30 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Bob Martinez Center, 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:
62-304.600 Tampa Bay Basin TMDLs.
(1) Allen Creek (tidal). The fecal coliform TMDL for Allen Creek (tidal) is 400 counts/100mL and is allocated as follows:
(a) The Wasteload Allocation (WLA) for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments National Pollutant Discharge Elimination System (NPDES) 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 2008, will require a 77 percent reduction of sources contributing to exceedances of the criteria,
(c) The Load Allocation (LA) 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 2008, will require a 77 percent 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.
(2) Alligator Creek. The fecal coliform TMDL for Alligator Creek is 4.4 x 1010 counts/day, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2000 to 2007 period, will require a 51 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2000 to 2007 period, will require a 51 percent 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.
(3) Bellows Lake Outlet (also known as East Lake Outfall). The fecal coliform TMDL for Bellows Lake Outlet is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 in 2008, will require a 80 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 in 2008, will require a 80 percent 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.
(4) Bishop Creek (freshwater). The fecal coliform TMDL for Bishop Creek (freshwater) is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2000 to 2007 period, will require a 64 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2000 to 2007 period, will require a 64 percent 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.
(5) Bishop Creek (tidal). The fecal coliform TMDL for Bishop Creek (tidal) is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2008, will require a 64 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2008, will require a 64 percent 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.
(6) Brushy Creek. The fecal coliform TMDL for Brushy Creek is 400 counts/100mL, and is allocated as follows:
(a) The WLA for the Hillsborough County Dale Mabry Advanced Wastewater Treatment Plant (FL0036820) is that it must meet its NPDES permit limits,
(b) The WLA for discharges subject to the Departments NPDES 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 2004 to 2007 period, will require a 36 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2004 to 2007 period, will require a 36 percent 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 has 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.
(7) Bullfrog Creek (freshwater). The fecal coliform TMDL for Bullfrog Creek (freshwater) is 1.66 x 1011 counts/day, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2000 to 2007 period, will require a 72 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2000 to 2007 period, will require a 72 percent 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 crit eria, 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) Bullfrog Creek (tidal). The fecal coliform TMDL for Bullfrog Creek (tidal) is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2000 to 2007 period, will require a 46 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2000 to 2007 period, will require a 46 percent 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.
(9) Cross Canal (North). The fecal coliform TMDL for Cross Canal (North) is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2005 to 2007 period, will require a 64 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2005 to 2007 period, will require a 64 percent 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 has 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.
(10) Double Branch. The fecal coliform TMDL for Double Branch is 400 counts/100mL, and is allocated as follows:
(a) The WLA for the Hillsborough County Northwest Regional Wastewater Reclamation Facility (FL0041670) is that it must meet the its NPDES permit conditions,
(b) The WLA for discharges subject to the Departments NPDES 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 2000 to 2007 period, will require a 41 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2000 to 2007 period, will require a 41 percent 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.
(11) Little Bullfrog Creek. The fecal coliform TMDL for Little Bullfrog Creek is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2004 to 2007 period, will require a 74 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2004 to 2007 period, will require a 74 percent 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 has 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.
(12) Lower Rocky Creek. The fecal coliform TMDL for Lower Rocky Creek is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2000 to 2007 period, will require a 71 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2000 to 2007 period, will require a 71 percent 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.
(13) Moccasin Creek (tidal). The fecal coliform TMDL for Moccasin Creek (tidal) is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2005 to 2006 period, will require a 60 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2005 to 2006 period, will require a 60 percent 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.
(14) Mullet Creek (freshwater). The fecal coliform TMDL for Mullet Creek (freshwater) is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2000 to 2005 period, will require a 57 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2000 to 2005 period, will require a 57 percent 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.
(15) Mullet Creek (tidal). The fecal coliform TMDL for Mullet Creek (tidal) is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2006, will require a 49 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2006, will require a 49 percent 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.
(16) Rocky Creek. The fecal coliform TMDL for Rocky Creek is 400 counts/100mL, and is allocated as follows:
(a) WLAs for the Hillsborough County Rivers Oaks Advanced Wastewater Treatment Facility (FL0027821) and the Hillsborough County Northwest Regional Wastewater Reclamation Facility (FL0041670) are that they meet the facilities permit limits,
(b) The WLA for discharges subject to the Departments NPDES 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 2000 to 2007 period, will require a 58 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2000 to 2007 period, will require a 58 percent 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.
(17) Sweetwater Creek. The fecal coliform TMDL for Sweetwater Creek is 400 counts/100mL, and is allocated as follows:
(a) The WLA for wastewater sources is not applicable,
(b) The WLA for discharges subject to the Departments NPDES 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 2000 to 2007 period, will require a 44 percent reduction of sources contributing to exceedances of the criteria,
(c) The LA 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 2000 to 2007 period, will require a 44 percent 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.
Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. HistoryNew________.
