62-304.810: Everglades West Coast Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for fecal coliforms (Hendry Creek Marine and the Cocohatchee River), total nitrogen (Hendry Creek, Imperial River, Gordon River Extension, and Lake Trafford), and total phosphorus (Lake Trafford).
SUMMARY: These TMDLs address fecal coliform, dissolved oxygen (DO), un-ionized ammonia, and/or nutrient impairments in these Everglades West Coast waterbodies. These waterbodies were verified as impaired by fecal coliforms, total nitrogen (TN), and/or total phosphorus using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. For the DO TMDLs, water quality targets were identified by either using the TN concentration of local reference water bodies after establishing a relationship between DO and TN concentrations or, in the case of Lake Trafford, by developing regression relationships and using a computer model to simulate the hydrology and water quality. The percent reduction method was used to develop the fecal coliform TMDLs.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Department has not prepared 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: 403.061, 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 5, 2008, 10:00 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: Pat Waters, (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 Management, 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:
62-304.810 Everglades West Coast Basin TMDLs.
(1) Estero Bay Planning Unit.
(a) Hendry Creek Marine TMDLs.
1. Hendry Creek Marine TMDL for Fecal Coliform. The Total Maximum Daily Load is 400 counts/100 ml and is allocated as follows:
a. The Wasteload Allocation (WLA) for wastewater point 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 the 2000 to 2007 period, will require a 57.4 percent reduction at 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 2000 to 2007 period, will require a 57.4 percent reduction at sources contributing to exceedances of the criteria.
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. Hendry Creek Marine Dissolved Oxygen TMDL. The Total Maximum Daily Loads to address the low dissolved oxygen condition is an annual median Total Nitrogen (TN) of 0.6 mg/L in Hendry Creek Marine, and is allocated as follows:
a. The WLA for wastewater point sources is not applicable,
b. The WLA for discharges subject to the Departments NPDES Municipal Stormwater Permitting Program is a 44 percent reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period,
c. The LA for nonpoint sources is a 44 percent reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period, and
d. The Margin of Safety is implicit.
(b) Hendry Creek TMDLs. Hendry Creek Dissolved Oxygen TMDL. The Total Maximum Daily Load to address the low dissolved oxygen condition is an annual median TN of 0.6 mg/L in Hendry Creek, and is allocated as follows:
1. The WLA for wastewater point sources is not applicable,
2. The WLA for discharges subject to the Departments NPDES Municipal Stormwater Permitting Program is a 44 percent reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period,
3. The LA for nonpoint sources is a 44 percent reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period, and
4. The Margin of Safety is implicit.
(c) Imperial River TMDLs. The Imperial River Dissolved Oxygen TMDL. The Total Maximum Daily Loads to address the low dissolved oxygen condition is an annual median total nitrogen of 0.74 mg/L in the Imperial River, and is allocated as follows:
1. The WLA for wastewater point sources is not applicable,
2. The WLA for discharges subject to the Departments NPDES Municipal Stormwater Permitting Program is a 24.9 percent reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period,
3. The LA for nonpoint sources is a 24.9 percent reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period, and
4. The Margin of Safety is implicit.
(2) Southwest Coast Planning Unit.
(a) The Cocohatchee River TMDLs. The Cocohatchee River Fecal Coliform TMDL. The Total Maximum Daily Load is 43 counts/100 ml and is allocated as follows:
1. The WLA for wastewater point sources is not applicable.
2. 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 65 percent reduction at sources contributing to exceedances of the criteria.
3. 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 65 percent reduction at sources contributing to exceedances of the criteria.
4. The Margin of Safety is implicit.
5. While the LA and WLA for fecal coliform have been expressed as the percent reductions needed to attain the applicable Class II criteria, the combined reductions from both anthropogenic point and nonpoint sources 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.
(b) The Gordon River Extension TMDLs. The Gordon River Extension Dissolved Oxygen TMDL. The Total Maximum Daily Loads to address the low dissolved oxygen condition is an annual median TN of 0.74 mg/L in the Gordon River Extension, and is allocated as follows:
1. The WLA for wastewater point sources is not applicable,
2. The WLA for discharges subject to the Departments NPDES Municipal Stormwater Permitting Program is a 29 percent reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period,
3. The LA for nonpoint sources is a 29 percent reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period, and
4. The Margin of Safety is implicit.
(c) Lake Trafford TMDLs.
1. The Lake Trafford Dissolved Oxygen TMDL. The Total Maximum Daily Load for Lake Trafford is based on achieving the Class 3 minimum dissolved oxygen criterion of 5.0 mg/L, and is allocated as follows:
a. The WLA for wastewater point sources is not applicable,
b. The WLA for discharges subject to the Departments NPDES Municipal Stormwater Permitting Program is a 60 percent reduction of current anthropogenic TN loading, and a 77 percent reduction of current anthropogenic total phosphorus (TP) loading based on measured concentrations from the 2000 to 2007 period,
c. The LA for nonpoint sources is a 60 percent reduction of current anthropogenic TN loading, and a 77 percent reduction of current anthropogenic TP loading based on measured concentrations from the 2000 to 2007 period, and
d. The Margin of Safety is implicit.
2. The Lake Trafford Nutrient TMDL. The Lake Trafford nutrient TMDL is based on meeting a maximum Trophic State Index (TSI) of 60, and is allocated as follows:
a. The WLA for wastewater point sources is not applicable,
b. The WLA for discharges subject to the Departments NPDES Municipal Stormwater Permitting Program is a 60 percent reduction of current anthropogenic TN loading, and a 77 percent reduction of current anthropogenic TP loading based on measured concentrations from the 2000 to 2007 period,
c. The LA for nonpoint sources is a 60 percent reduction of current anthropogenic TN loading, and a 77 percent reduction of current anthropogenic TP loading based on measured concentrations from the 2000 to 2007 period, and
d. The Margin of Safety is implicit.
3. The Lake Trafford Un-ionized Ammonia TMDL. The Lake Trafford un-ionized ammonia TMDL is based on meeting a maximum concentration of 0.02 mg/L, and is allocated as follows:
a. The WLA for wastewater point sources is not applicable,
b. The WLA for discharges subject to the Departments NPDES Municipal Stormwater Permitting Program is a 60 percent reduction of current anthropogenic TN loading, based on measured concentrations from the 2000 to 2007 period,
c. The LA for nonpoint sources is a 60 percent reduction of current anthropogenic TN loading, based on measured concentrations from the 2000 to 2007 period, and
d. The Margin of Safety is implicit.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. HistoryNew________.
