This rulemaking is intended to establish water quality monitoring and verification requirements for nonpoint source dischargers that chose to monitor water quality in lieu of implementing adopted best management practices (BMPs), and related ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-307.100Definitions

62-307.200Water Quality Monitoring In Lieu of Implementing BMPs

62-307.300Implementation Procedures

PURPOSE AND EFFECT: This rulemaking is intended to establish water quality monitoring and verification requirements for nonpoint source dischargers that chose to monitor water quality in lieu of implementing adopted best management practices (BMPs), and related enforcement procedures. Chapter 62-307, F.A.C., is being established as the rule chapter for these requirements.

SUMMARY: Nonpoint source dischargers within a basin management action plan must demonstrate compliance with required pollutant reductions by either implementing applicable, adopted BMPs or conducting prescribed water quality monitoring. The proposed rule provides procedures for nonpoint source dischargers who choose to undertake water quality monitoring, consistent with a Department-approved sampling and analysis plan, instead of implementing adopted BMPs required by a basin management action plan. The proposed rule also sets forth related verification and enforcement procedures.

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: For more than a decade, nonpoint source dischargers within a basin management action plan have had the option of demonstrating compliance with required pollutant reductions by either implementing applicable BMPs or conducting water quality monitoring. To date, no person has availed themselves of the water quality monitoring option. There is no expectation that this rulemaking, which codifies pre-existing ad hoc monitoring procedures, will result in affected persons choosing water quality monitoring over BMP implementation.

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: 403.067 FS.

LAW IMPLEMENTED: 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: Eric Hinton, Division of Environmental Assessment and Restoration, 2600 Blair Stone Road, Mail Station 3000, Tallahassee, Florida 32399-2400, Telephone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-307.100 Definitions

As used in this chapter:

(1) “Department” means the Department of Environmental Protection.

(2) “Nonpoint source discharger” means either a) the person responsible for the nonpoint source discharge, or b) the owner of the property from which the nonpoint source discharge originates.

(3) “BMAP” means an adopted basin management action plan (BMAP) that implements a total maximum daily load (TMDL).

(4) “Person” has the same meaning as provided in Section 403.031, F.S.

(5) “Sampling and analysis plan” means the monitoring plan required by this chapter.

Rulemaking Authority 403.067 FS. Law Implemented 403.067 FS. History–New                .

 

62-307.200 Water Quality Monitoring In Lieu of Implementing BMPs

(1) A nonpoint source discharger, whose discharge is located within a BMAP, must either submit a notice of intent to implement appropriate BMPs adopted in accordance with Section 403.067(7)(c), F.S., or conduct water quality monitoring to demonstrate compliance with the water quality criteria for the parameters addressed by the BMAP.

(2) Within 180 days of the initial adoption of a BMAP or the effective date of this rule, whichever is later, a nonpoint source discharger choosing to conduct water quality monitoring in lieu of implementing BMPs pursuant to subsection (1), shall submit for Department approval a water quality sampling and analysis plan that meets all the requirements of this rule and Chapter 62-160, F.A.C.

(3) A sampling and analysis plan shall include the following components:

(a) A description of the physical and hydrogeological characteristics of the property and the surrounding area, including, as applicable:

1. The direction and rate of surface water and groundwater flow;

2. Vertical permeability, thickness, competence, and extent of any confining beds;

3. Topography, soil information, and surface water drainage systems surrounding the site;

4. Identification and location of wells, surface water discharge points, and surface water intakes within 500 feet of the property and within the property boundary; and

5. The locations of all surface waters and their classifications including springs within one quarter mile of the property, and on-site sinkholes with depths exceeding the seasonal high water table or that are perched;

(b) Proposed methodology used to determine compliance with water quality criteria and any deviations in the quality of the receiving water in downgradient monitoring locations;

(c) Proposed locations of monitoring used to determine compliance;

(d) Proposed water quality indicators (chemical, physical, and biological);

(e) Proposed sampling methods and frequency;

(f) Proposed data management and assessment; and

(g) Proposed reporting schedule and deliverables.

(4) Amendments or changes to sampling and analysis plans must be approved by the Department.

(5) Sampling and analysis plans must be amended or changed if any of the following occurs:

(a) New analytical methods, sampling or other field procedures, or instruments or equipment that affect data quality become available;

(b) The sampling or analysis contractor is changed;

(c) The scope of work is substantially altered; or

(d) Other changes are made that affect the data quality objectives of the sampling and analysis plan.

(6) Approved sampling and analysis plans expire after 5 years. At least 180 days before expiration of an approved sampling and analysis plan, the nonpoint source discharger shall resubmit for Department approval a water quality sampling and analysis plan that meets all the requirements of this rule and Chapter 62-160, F.A.C.

Rulemaking Authority 403.067 FS. Law Implemented 403.067 FS. History–New                .

 

62-307.300 Implementation Procedures

(1) As provided in an approved sampling and analysis plan, a nonpoint source discharger must ensure that water samples are taken at the frequency at all locations set forth in the approved sampling and analysis plan. 

(2) The collected water samples must be tested in accordance with the approved sampling and analysis plan.

(3) Sample collection and analytical test methods on the collected samples shall be conducted in accordance with Chapter 62-160, F.A.C.

(4) Monitoring records must be retained on site for at least 5 years and be made available for inspection upon request.

(5) The nonpoint source discharger shall submit an annual report to the Department consistent with an approved sampling and analysis plan. The annual report must include all the laboratory analytical test results on the water samples taken.

(6) The Department shall verify implementation of nonagricultural nonpoint source BMPs required by Section 403.067(7), F.S., by inspection or other appropriate compliance mechanisms.

(7) The Department shall have all remedies available to it under Florida law, including those in Sections 403.121, 403.141, and 403.161, F.S., to enforce compliance with this Rule Chapter or Section 403.067(7)(c), F.S.

Rulemaking Authority 403.067 FS. Law Implemented 403.067 FS. History–New                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Frick, Director, Division of Environmental Assessment and Restoration

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 20, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 27, 2018