RULE NO: RULE TITLE
62-304.520: Indian River Lagoon Basin TMDLS
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for fecal coliforms for Crane Creek and the Eau Gallie River.
SUMMARY: These TMDLs address the fecal coliform impairment in Crane Creek and the Eau Gallie River, which were verified as impaired by fecal coliforms using the methodology established in Chapter 62-303, Identification of Impaired Surface Waters, Florida Administrative Code. The methodologies used to develop the TMDLs were the load duration curve method and percent reduction method for Crane Creek and the Eau Gallie River, respectively.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Department does not plan to prepare 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: 403.031, 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: April 24, 2008, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room A204, 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 Water Resource Management, 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:

62-304.520 Indian River Lagoon TMDLs.

(1) Fecal Coliform TMDL for Crane Creek. The Total Maximum Daily Load is an annual median of 1.23 x 10¹¹colonies/day and is allocated as follows:

(a) The Wasteload Allocation for the Melbourne/Grant Street Wastewater Treatment Facility is 1.21 x 10¹⁰ colonies/day. The Wasteload Allocation is only allowed during the maximum five-day Mechanical Integrity Test period, as defined in the Department permit,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coloform criteria which, based on the measured concentrations from the 1999 through 2007 period, will require a 56 percent reduction at sources contributing to exceedances of the criteria,

(c) The Load Allocation for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coloform criteria which, based on the measured concentrations from the 1999 through 2007 period, will require a 56 percent reduction at 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.

(2) Fecal Coliform TMDL for Eau Gallie River. The Total Maximum Daily Load for Fecal Coliforms for Eau Gallie River is 400 counts/100 ml and is allocated as follows:

(a) A Wasteload Allocation for wastewater point sources is not applicable,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System 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 through 2007 period, will require a 81 percent reduction at sources contributing to exceedances of the criteria,

(c) The Load Allocation for nonpoint sources is to address anthropogenic sources in the basin auch that in-stream concentrations meet the fecal coloform criteria which, based on the measured concentrations from the 1999 through 2007 period, will require a 81 percent reduction at 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 need 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 condition.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New .