62-304.305: Ochlockonee Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for dissolved oxygen and fecal coliform for Juniper Creek, fecal coliform for Black Creek and fecal coliform for Swamp Creek.
SUMMARY: This TMDL addresses dissolved oxygen impairment in Juniper Creek, which was verified as impaired for low dissolved oxygen, and fecal coliform impairments in Juniper Creek, Black Creek, and Swamp Creek using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The reference waterbody method was used to develop the dissolved oxygen TMDL. The percent reduction method was used to develop the fecal coliform TMDLs.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Department has not prepared 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: 403.061, 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 5, 2008, 10:00 a.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:
62-304.305 Ochlockonee River Basin TMDLs.
(1) Telogia Creek Planning Unit. Juniper Creek TMDLs.
(a) Juniper Creek TMDL for Dissolved Oxygen. The Total Maximum Daily Load for Juniper Creek is based on achieving the Class 3 fresh water minimum dissolved oxygen criterion of 5.0 mg/L, and is allocated as follows:
1. 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 total nitrogen (TN) criteria which, based on the measured concentrations from the 1979 to 2006 period, will require a 18.18 percent reduction at sources contributing to exceedances of the criteria,
2. The Load Allocation (LA) for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the the total nitrogen (TN) criteria which, based on the measured concentrations from the 1979 to 2006 period, will require a 18.18 percent reduction at sources contributing to exceedances of the criteria, and
3. The Margin of Safety is implicit.
4. While the LA and WLA for dissolved oxygen has been expressed as the percent reduction needed to attain the applicable Class III criteria, it is not the intent of the TMDL to abate natural background conditions.
(b) Juniper Creek TMDL for Fecal Coliform. The Total Maximum Daily Load for Juniper Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
1. The Wasteload Allocation 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 1992 to 2007 period, will require a 48.1 percent reduction at sources contributing to exceedances of the criteria,
2. The Load Allocation 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 1992 to 2007 period, will require a 48.1 percent reduction at sources contributing to exceedances of the criteria, and
3. The Margin of Safety is implicit.
4. 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) South Ochlockonee River Planning Unit. Black Creek TMDLs. The Total Maximum Daily Load for the freshwater segment of Black Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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, there curretnly are no NPDES point sources located in Black Creek,
(b) The Load Allocation 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 1992 to 2007 period, will require a 39.6 percent reduction at 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.
(3) North Ochlockonee River Planning Unit. Swamp Creek TMDLs. The Total Maximum Daily Load for Swamp Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:
(a) 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 1992 to 2007 period, will require a 69.2 percent reduction at sources contributing to exceedances of the criteria,
(b) The Load Allocation 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 1992 to 2007 period, will require a 69.2 percent reduction at 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.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New_________.