62-304.415: Lower St. Johns River Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for fecal coliforms in the Lower St. Johns River Basin.
SUMMARY: This TMDL addresses fecal coliform impairments in the Lower St. Johns River Basin. Specifically, the TMDL rules being proposed for adoption are for Big Davis Creek, Big Fishweir Creek, Block House Creek, Deep Bottom Creek, Deer Creek, McCoy Creek, Miller Creek, New Castle Creek, Open Creek, Sherman Creek, Terrapin Creek, and Trout Creek (Fresh and Marine segments). These waterbodies were verified as impaired using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodologies used to develop the TMDLs were either the percent reduction or the load duration curve methods.
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: June 30, 2009, 1:30 p.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: Ms. Pat Waters at (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:
62-304.415 Lower St. Johns River Basin TMDLs.
Lower St. Johns River.
(1) through (12) No change.
(13) Big Davis Creek. The Total Maximum Daily Load (TMDL) for Big Davis Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) The Wasteload Allocation (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 1995 to 2007 period, will require a 69 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1995 to 2007 period, will require a 69 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(14) Big Fishweir Creek. The TMDL for Big Fishweir Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1996 to 2008 period, will require a 87 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1996 to 2008 period, will require a 87 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(15) Block House Creek. The TMDL for Block House Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1991 to 2006 period, will require a 82 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1991 to 2006 period, will require a 82 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(16) Deep Bottom Creek. The TMDL for Deep Bottom Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1999 to 2007 period, will require a 82 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1999 to 2007 period, will require a 82 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(17) Deer Creek. The TMDL for Deer Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1995 to 2007 period, will require a 86 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1995 to 2007 period, will require a 86 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(18) McCoy Creek. The TMDL for McCoy Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1995 to 2007 period, will require a 84 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1995 to 2007 period, will require a 84 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(19) Miller Creek. The TMDL for Miller Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1991 to 2007 period, will require a 92 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1991 to 2007 period, will require a 92 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(20) New Castle Creek. The TMDL for New Castle Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1991 to 2006 period, will require a 84 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1991 to 2006 period, will require a 84 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(21) Open Creek. The TMDL for Open Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1996 to 2007 period, will require a 60 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1996 to 2007 period, will require a 60 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(22) Sherman Creek. The TMDL for Sherman Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1996 to 2008 period, will require a 71 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1996 to 2008 period, will require a 71 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(23) Terrapin Creek. The TMDL for Terrapin Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1995 to 2007 period, will require a 71 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1995 to 2007 period, will require a 71 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(24) Trout River, freshwater segment. The TMDL for the freshwater segment of Trout River is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1996 to 2007 period, will require a 66 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1996 to 2007 period, will require a 66 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
(25) Trout River, marine segment. The TMDL for the marine segment of Trout River is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1996 to 2007 period, will require a 60 percent reduction of sources contributing to exceedances of the criteria,
(b) 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 1996 to 2007 period, will require a 60 percent reduction of sources contributing to exceedances of the criteria, and
(c) The Margin of Safety is implicit.
(d) 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.
Rulemaking Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-3-03, Amended 5-15-06, 6-3-08,________