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Florida Administrative Code (Last Updated: June 27, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-303. Identification Of Impaired Surface Waters |
1(1) Waters on Planning or Study Lists developed under this chapter that are verified to not be impaired during development of the Verified List shall be removed from the State’s Planning or Study List.
35(2) Waterbody segments shall be removed from the State’s Verified List only after adoption of a TMDL, 52a Department determination that pollution control programs provide reasonable assurance that water quality standards will be attained pursuant to Rule 7262-303.600 73F.A.C., 74or upon a demonstration that the waterbody meets the waterbody quality standard that was previously established as not being met.
94(a) For waters listed due to failure to meet aquatic life use support based on water quality criteria or due to threats to human health based on single sample water quality criteria, the water shall be delisted when:
1321. The number of samples that do not meet an applicable water quality criterion due to pollutant discharges is less than or equal to the number listed in Table 4 for the given sample size, with a minimum sample size of 30. Waters shall be delisted when 10% or less of the samples do not meet the applicable criterion with a minimum of a 90% confidence level using a binomial distribution, or
2042. Following implementation of pollution control activities that are expected to be sufficient to result in attainment of applicable water quality standards, evaluation of new data indicates the water no longer meets the criteria for listing established in Rule 24362-303.420, 244F.A.C., or
2463. Following demonstration that the water was inappropriately listed due to flaws in the original analysis, evaluation of available data indicates the water does not meet the criteria for listing established in Rule 27962-303.420, 280F.A.C.
281(b) New data evaluated under subparagraph 28762-303.720(2)(a)1., 288F.A.C., must meet the following requirements:
2941. They must include samples collected during similar conditions (same seasons and general flow conditions) that the data previously used to determine impairment were collected, with no more than 50% of the samples collected in any one quarter,
3322. The sample size must be a minimum of 30 samples; and,
3443. The data must meet the requirements of subsections 35362-303.320(4), 354(8) and (9), F.A.C.
358(c) For waters listed due to failure to meet aquatic life use support based on biological data pursuant to Rule 37862-303.430, 379F.A.C., the waterbody shall be delisted when 386two temporally independent follow-up Biological Health Assessments have been conducted and the waterbody no longer qualifies for the Planning List pursuant to subsection 40962-303.330(3), 410F.A.C. 411The follow-up tests must meet the following requirements:
4191. For streams, the new data must be SCIs unless the SCI is not appropriate for the waterbody type, in which case the new data shall consist of the Shannon-Weaver Diversity Index.
4512. 452The data must meet the requirements of subsections 46062-303.330(1) 461and (2), F.A.C.
464(d) For waters listed due to fish consumption advisories, the water shall be delisted following the lifting of the advisory or when data complying with paragraphs 49062-303.470(1)(a) 491and (b), F.A.C., demonstrate that the continuation of the advisory is no longer appropriate.
505(e) For waters listed due to their shellfish bed management classification, the water shall be delisted upon reclassification of the shellfish harvesting area to approved, or for conditionally approved areas, when the only source identified by SEAS for the harvesting area is wildlife.
548(f) For waters listed due to bathing area closure or advisory data, the water shall be delisted if the bathing area does not meet the listing thresholds in subsection 57762-303.360(1), 578F.A.C., for five consecutive years.
583(g) For waters listed based on impacts to potable water supplies or treated potable water supplies, 599pursuant to paragraph 60262-303.380(1)(b), 603F.A.C., 604the water shall be delisted when the causes resulting in higher treatment costs have been ameliorated.
620(h) For waters listed 624based on bacteriological water quality criteria expressed as a monthly geometric mean or a median 639pursuant to paragraph 64262-303.460(3)(b), 64362-303.470(3)(b), 644or 64562-303.480(3)(b), 646F.A.C., the water shall be delisted when:
6531. For listings based on bacteriological water quality criteria expressed as a monthly geometric mean, the criteria 670applicable to those sections 674are met for three consecutive years and there are sufficient new data available to calculate monthly values for at least the same seasons in which the exceedances occurred,
7022. For listings based on bacteriological water quality criteria expressed as a median, the criteria applicable to those sections are met for the verified period, or
7283. Following a demonstration that the water was inappropriately listed due to flaws in the original analysis, including the use of a non-representative sample set.
753(i) For waters listed based on single-sample bacteriological water quality criteria 764pursuant to paragraph 76762-303.460(3)(a), 76862-303.470(3)(a), 769or 77062-303.480 771(3)(a), F.A.C., 773the water shall be delisted upon meeting the delisting provisions in paragraph 78562-303.720(2)(a), 786F.A.C.
787(j) For waters listed based on a human health-based annual average criterion, the water shall be delisted when the annual average concentration is less than the criterion for three consecutive years.
818(k) For waters listed based on nutrient impairment, the waterbody shall be delisted if:
8321. It was listed based on exceedances of a nutrient threshold in subsection 84562-303.450(1), 846F.A.C., but it does not meet the listing thresholds in subsection 85762-303.450(1), 858F.A.C., for three consecutive years,
8632. It was listed based on exceedances of a numeric nutrient criterion expressed as an annual geometric mean or annual mean, and the water attains the criterion for three consecutive years,
8943. It was listed based on other information indicating an imbalance in flora or fauna pursuant to subsection 91262-303.450(2), 913F.A.C., and 915it is demonstrated to not exceed the narrative nutrient criteria at paragraph 92762-302.530(47)(b), 928F.A.C., pursuant to the provisions of subsection 93562-303.450(2), 936F.A.C.,
9374. It was listed based on exceedances of a numeric nutrient criterion expressed as a long-term average or long-term average of annual means, and the long-term average over the verified period no longer exceeds the criterion,
9735. It was listed based on exceedances of a numeric nutrient criterion expressed as not to be exceeded in more than 10 percent of the measurements, and the water meets the delisting requirements of subparagraph 100862-303.720(2)(a)1., 1009F.A.C.,
10106. It was listed based on exceedance of a loading based numeric nutrient criterion and the water attains the criterion for three consecutive years, or
10357. It was listed based on an increasing trend in chlorophyll 1046a 1047and based on additional data and analysis 1054the trend is no longer statistically significant 1061or the water is no longer expected to become impaired within 5 years.
1074(l) For any listed water, the water shall be delisted if, following a change in approved analytical procedures, criteria, or water quality standards, evaluation of available data indicates the water no longer meets the applicable criteria for listing.
1112(m) For waters listed due to failure to meet aquatic life use support 1125based on paragraph 112862-303.420(7)(b), 1129F.A.C., or due to failure to meet fish consumption use support based on subsection 114362-303.470(2), 1144F.A.C., the 1146waterbody 1147shall be delisted if the Department determines the waterbody is no longer impaired, based on scientifically credible and compelling information comparable in quantity and quality to the information used to make the initial listing decision. Any determinations to delist waters based on this provision shall be documented, and the documentation shall include the basis for the decision.
1204Table 4. Delisting
1207Maximum number of samples that do not meet an applicable water quality criterion allowable to DELIST with at least 90% confidence.
1228Sample Sizes
1230Maximum # of Samples not meeting a criterion allowable for delisting
1241Sample sizes
1243Maximum # of Samples not meeting a criterion allowable for delisting
1254From
1255To
1256From
1257To
125830
125937
12600
1261279
1262289
126321
126438
126551
12661
1267290
1268300
126922
127052
127164
12722
1273301
1274311
127523
127665
127777
12783
1279312
1280323
128124
128278
128390
12844
1285324
1286334
128725
128891
1289103
12905
1291335
1292345
129326
1294104
1295115
12966
1297346
1298356
129927
1300116
1301127
13027
1303357
1304367
130528
1306128
1307139
13088
1309368
1310378
131129
1312140
1313151
13149
1315379
1316389
131730
1318152
1319163
132010
1321390
1322401
132331
1324164
1325174
132611
1327402
1328412
132932
1330175
1331186
133212
1333413
1334423
133533
1336187
1337198
133813
1339424
1340434
134134
1342199
1343209
134414
1345435
1346445
134735
1348210
1349221
135015
1351446
1352456
135336
1354222
1355232
135616
1357457
1358467
135937
1360233
1361244
136217
1363468
1364478
136538
1366245
1367255
136818
1369479
1370489
137139
1372256
1373266
137419
1375490
1376500
137740
1378267
1379278
138020
1381(n) For waters listed due to failure to meet aquatic life use support pursuant to paragraph 139762-303.320(7)(b), 1398F.A.C., the water shall be delisted when the applicable criteria are met for at least three consecutive years and there are new data available for the same seasons in which the previous exceedances occurred.
1432(o) For waterbodies listed on the Verified List, the water shall be delisted from the Verified List for a given parameter and added to the Study List when subsequent analysis demonstrates that the cause of the impairment was incorrect and therefore, the cause of the impairment is unknown.
1480(p) For waters listed based on the 30-day average DO criterion for predominantly marine waters or the 30-day average ammonia criterion, the waterbody shall be delisted when the monthly average meets the criterion for at least three consecutive years and there are new data available for the same seasons in which the criterion was previously not achieved.
1537(q) For waters listed based on the weekly average DO criterion for predominantly marine waters, the waterbody shall be delisted when the weekly average DO criterion is met for at least three consecutive years and there are new data available for the same seasons in which the criterion was previously not achieved.
1589(3) Any delisting of waters from the Verified List shall be approved by order of the Secretary at such time as the requirements of this section are met.
1617Rulemaking Authority 1619403.061, 1620403.067 FS. 1622Law Implemented 1624403.062, 1625403.067 FS. 1627History–New 6-10-02, Amended 12-11-06, 9-4-07, 7-2-12, 8-1-13, 2-17-16, 10-17-16.