62-40.430. Water Quality

(1) Standards.

(a) Water quality standards shall be enforced pursuant to Chapters 403 and 373, F.S., to protect waters of the State from point and nonpoint sources of pollution.

(b) State water quality standards adopted by Department rule shall be a part of the Florida Water Plan.

(2) Impaired Waters.

(a) The Department shall use a watershed management approach to develop and implement Total Maximum Daily Loads (TMDLs) for impaired waters. It shall be a goal of the TMDL watershed management program to increase coordination, cooperation, and communication between state, regional, and local government agencies, the private sector, and all watershed stakeholders. The Department’s TMDL watershed management program shall strive to maximize the use of existing plans, data, and information developed for the watershed by the Districts and others.

(b) The TMDL watershed management program is based on a rotating basin approach throughout Florida’s fifty-two major watersheds. To implement this approach, thirty groups of watersheds, or basins, have been specified in which a five-phase cycle will be conducted, as applicable. The five phases are:

1. Preliminary basin status evaluation leading to the development of a planning list of potentially impaired waters pursuant to Chapter 62-303, F.A.C.;

2. Strategic monitoring to collect additional information to be used in the development of a basin assessment, the development of a revised planning list of potentially impaired waters, and a verified list of impaired waters to be adopted by the Secretary and submitted to the United States Environmental Protection Agency as the state’s basin specific 303(d) list of impaired waters;

3. The development of TMDLs for waters on the verified (and subsequently adopted 303(d)) list of impaired waters;

4. The development by DEP, in cooperation with the Districts and basin stakeholders, of a basin management action plan for waters with TMDLs that specifies the equitable allocation of needed pollutant load reductions, and the specific activities to be undertaken to reduce pollutant loadings to achieve the TMDLs and to restore the designated uses of the impaired waters. The basin management action plan shall include, where applicable, any written agreements among stakeholders expressing their commitment to implement the plan; and

5. The implementation of the basin management action plan and the monitoring of results.

(c) In the development of a basin management action plan, the Department shall consider regulatory and non-regulatory alternatives to reduce basin-specific nonpoint source loadings, including programs developed by the Florida Department of Agriculture and Consumer Services pursuant to Section 403.067, F.S., and the need for the adoption of basin-specific criteria for stormwater management systems. When determined by the Department, in consultation with the Districts, to be necessary to achieve a TMDL, the Department and Districts shall adopt such criteria for permitting stormwater management systems.

(d) In cooperation and coordination with the Department, the Districts shall establish pollutant load reduction goals for SWIM and other water bodies, and include them as part of a SWIM plan, other watershed management plan, or District-wide or basin-specific rules.

(e) To accelerate the restoration of impaired waters, the Districts and local governments, in cooperation and coordination with the Department, are encouraged to give priority to the development of watershed management plans for waters on the verified (and subsequently adopted 303(d)) list of impaired waters. Watershed management goals, which may include pollutant load reduction goals, shall be included in watershed management plans developed by the Districts and are encouraged in watershed management plans developed by local governments. These plans and goals shall be coordinated with the Surface Water Improvement and Management (SWIM) program, the Department’s TMDL watershed management program, the National Estuary Program, and the National Pollutant Discharge Elimination System (NPDES) program.

(f) The Department and the Districts shall consider economic, environmental, and technical factors in implementing programs to achieve total maximum daily loads or pollutant load reduction goals. These goals shall be considered in local comprehensive plans submitted or updated in accordance with Section 403.0891(3)(a), F.S.

(g) Waters on the state’s verified (and subsequently adopted 303(d)) list of impaired waters shall receive priority consideration for water quality restoration activities undertaken by federal agencies, state agencies, and water management districts. Local governments shall be encouraged to give similar priority consideration to waters on the list.

Specific Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1), 373.103, 373.171, 373.418, FS. History–New 5-5-81, Formerly 17-40.06, 17-40.060, 17-40.403, 17-40.430, Amended 5-7-05.