The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL), and its allocation, for fecal coliform the West Palm Beach Canal within the Everglades Basin.  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    RULE NO.:RULE TITLE:

    62-304.735Everglades Basin TMDLs

    PURPOSE AND EFFECT: The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL), and its allocation, for fecal coliform the West Palm Beach Canal within the Everglades Basin.

    SUMMARY: The TMDL addresses a fecal coliform impairment in the Everglades Basin. Specifically, the TMDL rule being proposed for adoption is for the West Palm Beach Canal. This waterbody was verified as impaired using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodology used to develop the TMDL was the percent reduction method. This rulemaking has been given an OGC case number 12-1361.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There are no regulated entities, including NPDES permitted wastewater and municipal stormwater facilities, located in the West Palm Beach Canal watershed.

    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.
    RULEMAKING 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 SCHEDULED AND ANNOUNCED IN THE FAR.

    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:

    62-304.735 Everglades Basin TMDLs.

    (1) West Palm Beach Canal Fecal Coliform TMDL. The TMDL for the West Palm Beach Canal is 400 counts/100mL for fecal coliform, and is allocated as follows:

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

    (b) The WLA for discharges subject to the Department’s National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permitting Program is not applicable,

    (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 2005, 2006, and 2008, will require a 62 percent reduction of sources contributing to exceedances of the criteria, and

    (d) The Margin of Safety is implicit.

    (2) While the LA for fecal coliform has been expressed as the percent reduction needed to attain the applicable Class III criteria, it is the combined reductions from all anthropogenic 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. History-New _________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Director, Division of Environmental Assessment and Restoration

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 2, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 23, 2011

     

Document Information

Comments Open:
5/14/2013
Summary:
The TMDL addresses a fecal coliform impairment in the Everglades Basin. Specifically, the TMDL rule being proposed for adoption is for the West Palm Beach Canal. This waterbody was verified as impaired using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodology used to develop the TMDL was the percent reduction method. This rulemaking has been given an OGC case number 12-1361.
Purpose:
The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL), and its allocation, for fecal coliform the West Palm Beach Canal within the Everglades Basin.
Rulemaking Authority:
403.061, 403.067 FS.
Law:
403.061, 403.062, 403.067 FS.
Contact:
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.
Related Rules: (1)
62-304.735. Everglades Basin TMDLs