The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs) and their allocations for waters in the Manatee River Basin that are impaired for fecal coliform, low dissolved oxygen, and nutrients.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-304.615: Manatee River 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 Manatee River Basin that are impaired for fecal coliform, low dissolved oxygen, and nutrients.
SUMMARY: These TMDLs address fecal coliform, low dissolved oxygen, and nutrient impairments in the Manatee River Basin. Specifically, the TMDL rules being proposed for adoption are fecal coliform TMDLs for Braden River above Ward Lake, Cedar Creek, Gilly Creek, Nonsense Creek, and Rattlesnake Slough, dissolved oxygen TMDL for Nonsense Creek, and dissolved oxygen and nutrient TMDLs for Rattlesnake Slough. These waterbodies were verified as impaired using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodology used to develop these TMDLs was the percent reduction method. This rulemaking has been given OGC case number 09-0717.
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: September 3, 2009, 9:30 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Bob Martinez Center, Tallahassee, Florida 32399-2400
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 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 [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-304.615 Manatee River Basin TMDLs.

(1) Braden River above Ward Lake. The fecal coliform Total Maximum Daily Load (TMDL) for Braden River above Ward Lake 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 Department’s 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 the 2001 to 2007 period, will require a 43 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 the 2001 to 2007 period, will require a 43 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 I 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) Cedar Creek. The fecal coliform TMDL for Cedar 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 Department’s 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 2001 to 2008 period, will require a 61 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 2001 to 2008 period, will require a 61 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 I 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) Gilly Creek. The fecal coliform TMDL for Gilly 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 Department’s 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 2001 to 2008 period, will require a 56 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 2001 to 2008 period, will require a 56 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 I 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) Nonsense Creek. The fecal coliform TMDL for Nonsense 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 Department’s 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 2001 to 2008 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 2001 to 2008 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 I 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) Nonsense Creek. The TMDLs to address the low dissolved oxygen condition are an annual median TN of 0.89 mg/L and an annual median 5-day biochemical oxygen demand (BOD₅) of 2.0 mg/L, and are allocated as follows:

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

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 27 percent reduction of current anthropogenic TN and a 36 percent reduction of current anthropogenic total BOD₅ loading based on measured concentrations from the 2001 to 2008 period,

(c) The LAs for nonpoint sources are a 27 percent reduction of current anthropogenic TN, and a 36 percent reduction of current anthropogenic total BOD₅ loadings based on measured concentrations from the 2001 to 2008 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and BOD₅ have been expressed as the percent reductions needed to attain the applicable Class I criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream TN and BOD₅ concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

(6) Rattlesnake Slough. The fecal coliform TMDL for Rattlesnake Slough 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 Department’s 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 2001 to 2008 period, will require a 48 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 2001 to 2008 period, will require a 48 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 I 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) Rattlesnake Slough. The TMDLs to address the low dissolved oxygen and nutrient impairments in Rattlesnake Slough are 0.84 mg/L of total nitrogen (TN), 0.48 mg/L total phosphorus (TP), and 2.4 mg/L of 5-day biochemical oxygen demand (BOD₅) and are allocated as follows:

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

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are 30, 21, and 31 percent reductions of current anthropogenic TN, TP, and BOD₅ loadings, respectively, based on measured concentrations from the 2001 to 2008 period,

(c) The LAs for nonpoint sources are 30, 21, and 31 percent reductions of current anthropogenic TN, TP, and BOD₅ loadings, respectively, based on measured concentrations from the 2001 to 2008 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for nutrients and BOD₅ have been expressed as the percent reductions needed to attain the applicable Class I criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream nutrient and BOD₅. 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, Deputy Director, Division of Environmental Assessment and Restoration
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael Sole, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 28, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 19, 2009