Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
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, dissolved oxygen, lead, and nutrients in the Lower St. Johns River Basin.
SUMMARY: This TMDL addresses fecal coliform, dissolved oxygen, lead, and nutrient impairments in the Lower St. Johns River Basin. Specifically, the TMDL rules being proposed for adoption are fecal coliform TMDLs for Greene Creek, Grog Branch, Julington Creek, Little Black Creek, Mill Creek, Ortega River, Peters Creek, Pottsburg Creek, and Strawberry Creek; dissolved oxygen and nutrient TMDLs for Dog Branch, Middle Trout River, Mill Creek, Ortega River, and Swimming Pen Creek; a dissolved oxygen TMDL for Sixteen Mile Creek; nutrient TMDLs for Arlington River and Doctors Lake, and lead TMDLs for Black Creek, South Fork of Black Creek, and Peters Creek. 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 fecal coliform TMDLs were either the percent reduction or the load duration curve methods. The nutrient targets for water segments impaired for nutrients and/or dissolved oxygen were developed using a Trophic State Index or general linear model regression methods. Nutrient TMDLs were developed using the percent reduction method. Lead TMDLs were developed using the percent reduction method. This rulemaking has been given OGC case number 09-2853.
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 (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 Restoration, 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 (25) No change.

(26) Arlington River. The TMDL for Arlington River is a 30 percent reduction in total nitrogen (TN) to address a nutrient impairment, 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 TN target which, based on the measured concentrations from the 1973 to 2008 period, will require a 30 percent reduction of TN for sources contributing to the nutrient impairment,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1973 to 2008 period, will require a 30 percent reduction of TN for sources contributing to the nutrient impairment, and

(d) The Margin of Safety is implicit.

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

(f) The percent reduction for TN identified in this TMDL is established to be consistent with the TMDLs for TN identified in subsections (1) and (2) of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St Johns River.

(27) Black Creek. The TMDL for Black Creek is a lead concentration of 0.545 ug/L and is allocated as follows:

(a) The WLA for wastewater facilities discharging lead is that they shall not exceed the lead criterion,

(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 lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 73.2 percent reduction from sources contributing to exceedances of the lead criterion,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 73.2 percent reduction from sources contributing to exceedances of the lead criterion, and

(d) The Margin of Safety is implicit.

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

(28) Black Creek – South Fork. The TMDL for the Black Creek – South Fork is a lead concentration of 0.545 ug/L and is allocated as follows:

(a) The WLA for wastewater sources discharging lead is that they shall not exceed the lead criterion,

(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 lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 76.8 percent reduction from sources contributing to exceedances of the lead criterion,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 76.8 percent reduction from sources contributing to exceedances of the lead criterion, and

(d) The Margin of Safety is implicit.

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

(29) Doctors Lake. The TMDL for Doctors Lake is a 50 percent reduction in TN to address the nutrient impairment, 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 TN which, based on the measured concentrations from the 1971 to 2008 period, will require a 50 percent reduction of TN for sources contributing to exceedances of the nutrient criteria,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1971 to 2008 period, will require a 50 percent reduction of TN for sources contributing to exceedances of the nutrient criteria, and

(d) The Margin of Safety is implicit.

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

(f) The percent reduction for TN identified in this TMDL is established to be consistent with the TMDLs for TN identified in subsections (1) and (2) of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St Johns River.

(30) Dog Branch. The TMDLs for Dog Branch are a 30 percent reduction in TN and a 30 percent reduction in total phosphorus (TP) to address low Dissolved Oxygen (DO) and nutrient impairments, and are 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 TN and TP targets which, based on the measured concentrations from the 1985 to 2008 period, will require a 30 percent reduction in TN and a 30 percent reduction in TP from sources contributing to exceedances of the DO and nutrient criteria,

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1985 to 2008 period, will require a 30 percent reduction of TN and a 30 percent reduction of TP from sources contributing to exceedances of the DO and nutrient criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP have been expressed as the percent reductions needed to attain the applicable Class III DO and nutrient 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 TP concentration. However, it is not the intent of the TMDL to abate natural background conditions.

(f) The percent reductions for TN and TP identified in this TMDL are established to be consistent with the TMDLs for TN and TP identified in subsections (1) and (2), as applicable, of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St Johns River.

(31) Greene Creek. The TMDL for Greene Creek is 400 counts/100mL for fecal coliform, 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 2002 to 2008 period, will require a 45 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 2002 to 2008 period, will require a 45 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 has 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.

(32) Grog Branch. The TMDL for Grog Branch is 400 counts/100mL for fecal coliform, 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 59 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 59 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 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.

(33) Julington Creek. The TMDL for Julington Creek is 400 counts/100mL for fecal coliform, 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 59 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 59 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 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.

(34) Little Black Creek. The TMDL for Little Black Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for the Ridaught Landing Wastewater Treatment Facility is that it must meet its NPDES permit conditions,

(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 27 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 27 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 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.

(35) Middle Trout River. The TMDLs for Middle Trout River are a 30 percent reduction in TN and a 70 percent reduction in TP to address the DO and nutrient impairments, and are 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 TN and TP targets which, based on the measured concentrations from the 1967 to 2008 period, will require a 30 percent reduction of TN and a 70 percent reduction of TP from sources contributing to exceedances of the DO and nutrient criteria,

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1967 to 2008 period, will require a 30 percent reduction of TN and a 70 percent reduction of TP from sources contributing to exceedances of the DO and nutrient criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP have been expressed as the percent reductions needed to attain the applicable Class III DO and nutrient 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 TP concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

(f) The percent reduction for TN identified in this TMDL is established to be consistent with the TMDLs for TN identified in subsections (1) and (2) of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St Johns River.

(36) Mill Creek. The TMDL for Mill Creek is 400 counts/100mL for fecal coliform, 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 2002 to 2008 period, will require a 72 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 2002 to 2008 period, will require a 72 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 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.

(37) Mill Creek. The TMDLs for Mill Creek are a 30 percent reduction in TN and a 30 percent reduction in TP to address the DO and nutrient impairments, and are 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 TN and TP targets which, based on the measured concentrations from the 1992 to 2008 period, will require a 30 percent reduction of TN and a 30 percent reduction of TP from sources contributing to exceedances of the DO and nutrient criteria,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1992 to 2008 period, will require a 30 percent reduction of TN and a 30 percent reduction of TP from sources contributing to exceedances of the DO and nutrient criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP have been expressed as the percent reductions needed to attain the applicable Class III DO and nutrient 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 TP concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

(f) The percent reductions for TN and TP identified in this TMDL are established to be consistent with the TMDLs for TN and TP identified in subsections (1) and (2), as applicable, of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St Johns River.

(38) Ortega River. The TMDL for Ortega River is 400 counts/100mL for fecal coliform, 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 72 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 72 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 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.

(39) Ortega River. The TMDL for Ortega River is a 30 percent reduction in TN to address the DO and nutrient impairments, 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 TN target which, based on the measured concentrations from the 1967 to 2008 period, will require a 30 percent reduction of TN from sources contributing to exceedances of the DO and nutrient criteria,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1967 to 2008 period, will require a 30 percent reduction of TN from sources contributing to exceedances of the DO and nutrient criteria, and

(d) The Margin of Safety is implicit.

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

(f) The percent reduction for TN identified in this TMDL is established to be consistent with the TMDLs for TN identified in subsections (1) and (2) of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St Johns River.

(40) Peters Creek. The TMDL for Peters Creek is 400 counts/100mL for fecal coliform, 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 2004 to 2007 period, will require a 41 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 2004 to 2007 period, will require a 41 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 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.

(41) Peters Creek. The TMDL for Peters Creek is a lead concentration of 0.545 ug/L and is allocated as follows:

(a) The WLA for wastewater sources discharging lead is that they shall not exceed the lead criterion,

(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 lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 80 percent reduction from sources contributing to exceedances of the lead criterion,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 80 percent reduction from sources contributing to exceedances of the lead criterion, and

(d) The Margin of Safety is implicit.

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

(42) Pottsburg Creek. The TMDL for Pottsburg Creek is 400 counts/100mL for fecal coliform, 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 2007 period, will require a 50 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 2007 period, will require a 50 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 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.

(43) Sixteen Mile Creek. The TMDLs for Sixteen Mile Creek are a 30 percent reduction in TN and a 30 percent reduction in TP to address the DO impairment, and are 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 total nitrogen and total phosphorus targets which, based on the measured concentrations from the 1987 to 2008 period, will require a 30 percent reduction of TN and a 30 percent reduction of TP from sources contributing to exceedances of the DO criteria,

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1987 to 2008 period, will require a 30 percent reduction of TN and a 30 percent reduction of TP from sources contributing to exceedances of the DO criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP have been expressed as the percent reductions needed to attain the applicable Class III DO 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 TP concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

(f) The percent reductions for TN and TP identified in this TMDL are established to be consistent with the TMDLs for TN and TP identified in subsections (1) and (2), as applicable, of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St Johns River.

(44) Strawberry Creek. The TMDL for Strawberry Creek is 400 counts/100mL for fecal coliform, 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 2007 period, will require a 58 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 2007 period, will require a 58 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 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.

(45) Swimming Pen Creek. The TMDL for Swimming Pen Creek is a 30 percent reduction in TN to address the DO and nutrient impairments, 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 TN target which, based on the measured concentrations from the 1973 to 2008 period, will require a 30 percent reduction of TN from sources contributing to exceedances of the DO and nutrient criteria,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1973 to 2008 period, will require a 30 percent reduction of TN from sources contributing to exceedances of the DO and nutrient criteria, and

(d) The Margin of Safety is implicit.

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

(f) The percent reduction for TN identified in this TMDL is established to be consistent with the TMDLs for TN identified in subsections (1) and (2) of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St Johns River.

Rulemaking Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-13-03, Amended 5-15-06, 6-3-08,_______.


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 23, 2009