CHAPTER 62-303

IDENTIFICATION OF IMPAIRED SURFACE WATERS

PART I

GENERAL

	62-303.200	Definitions. 

As used in this chapter:

	(1)	“Biological Health Assessment” “Bioassessment” shall mean
an aquatic community-based biological evaluation consisting of one of
the following procedures: Stream Condition Index, BioRecon, Lake
Vegetation Condition Index, or Shannon-Weaver Diversity Index Stream
Condition Index.

(2) 	“BioRecon” shall mean a biological health assessment that
measures stream health in predominantly fresh waters using benthic
macroinvertebrates sampled via four sweeps of a D-frame dipnet and
identification of the collected organisms to the lowest practical
taxonomic level, performed and calculated using the methodologies, dated
03-31-08, in DEP-SOP-002/01 LT 7100, DEP-SOP-002/01 LQ 7400 and
DEP-SOP-001/01 FS 7410, which are incorporated by reference herein.
evaluation conducted in accordance with standard operating procedures
(SOPs) FT 3000, FS 7410, and LT 7100, as promulgated in Rule 62-160.800
F.A.C.

	(3)	“Clean techniques” shall mean those applicable field sampling
procedures and analytical methods referenced in “Method 1669: 
Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria
Levels, July 1996, USEPA, Office of Water, Engineering and Analysis
Division, Washington, D.C.,” which is incorporated by reference.

	(4)	“Department” or “DEP” shall mean the Florida Department of
Environmental Protection.

	(5)	“Designated use” shall mean the present and future most
beneficial use of a body of water as designated by the Environmental
Regulation Commission by means of the classification system contained in
Chapter 62-302, F.A.C.

	(6)	“Estuary” shall mean predominantly marine regions of
interaction between rivers and nearshore ocean waters, where tidal
action and river flow mix fresh and salt water.  Such areas include
bays, mouths of rivers, and lagoons.  

	(7)	“Impaired water” shall mean a water body or water body segment
that does not meet its applicable water quality standards as set forth
in Chapters 62-302 and 62-4, F.A.C, as determined by the methodology in
Part III of this chapter, due in whole or in part to discharges of
pollutants from point or nonpoint sources.

	(8)	“Lake Vegetation Index (LVI)” shall mean a biological health
assessment that measures lake (> 2 acres of open water) health in
predominantly fresh waters using aquatic plants identified to the lowest
practical taxonomic level, performed and calculated using the
methodologies, dated 03-31-08, in DEP-SOP-002/01 LT 7500, DEP-SOP-002/01
LQ 7300 and DEP-SOP-001/01 FS 7220, which are incorporated by reference
herein.  “Lake Condition Index” shall mean the benthic
macroinvertebrate component of a biological evaluation conducted
following the procedures outlined in “Development of Lake Condition
Indexes (LCI) for Florida,” Florida Department of Environmental
Protection, July, 2000, which is incorporated by reference.

	(9)	“Natural background” shall mean the condition of waters in the
absence of man-induced alterations based on the best scientific
information available to the Department.  The establishment of natural
background for an altered waterbody may be based upon a similar
unaltered waterbody or on historical pre-alteration data.

	(10) “Nuisance species” shall mean species of flora or fauna whose
noxious characteristics or presence in sufficient number, biomass, or
areal extent may reasonably be expected to prevent, or unreasonably
interfere with, a designated use of those waters.

	(11) “Open coastal waters” shall mean all gulf or ocean waters that
are not classified as estuaries or open ocean waters.

	(12) “Open ocean waters” means all surface waters extending seaward
from the most seaward natural 90-foot (15-fathom) isobath.  Contour
lines may be determined from National Oceanic and Atmospheric
Administration Charts.

	(13) “Physical alterations” shall mean human-induced changes to the
physical structure of the water body. 

	(14) “Planning list” shall mean the list of surface waters or
segments for which assessments will be conducted to evaluate whether the
water is impaired and a TMDL is needed, as provided in subsection
403.067(2), F.S.

	(15) “Pollutant” shall be as defined in subsection 502(6) of the
CWA.  Characteristics of a discharge, including dissolved oxygen, pH, or
temperature, shall also be defined as pollutants if they result or may
result in the potentially harmful alteration of downstream waters.

	(16) “Pollution” shall be as defined in subsection 502(19) of the
CWA and subsection 403.031(2), F.S.

	(18) “Reference water” means a waterbody that exhibits a range of
physical, chemical and biological characteristics approximating the
natural background conditions of the same, or similar, type of waterbody
within an ecologically similar region.  A reference water may be
representative of the water quality and structure and function of
biological communities of natural background conditions even if there is
evidence of limited human disturbance in the waterbody or watershed, as
long as anthropogenic sources do not produce a significant measurable or
predicted effect on the parameter of concern in the waterbody.

	(19) “Secretary” shall mean the Secretary of the Florida Department
of Environmental Protection.

	(21)	"Shannon-Weaver Diversity Index" shall mean:  negative summation
(from i=1 to s) of (ni/N) log2 (ni/N) where s is the number of species
in a sample, N is the total number of individuals in a sample, and ni is
the total number of individuals in species i.

(22) (20) “Spill” shall mean a short-term, unpermitted discharge to
surface waters, not to include sanitary sewer overflows or chronic
discharges from leaking wastewater collection systems. 

(23) (21) “Stream” shall mean a free-flowing, predominantly fresh
surface water in a defined channel, and includes rivers, creeks,
branches, canals, freshwater sloughs, springs and spring runs, and other
similar water bodies.

	(24) (22) “Stream Condition Index (SCI)” shall mean a biological
health assessment that measures stream health in predominantly fresh
waters using benthic macroinvertebrates sampled via 20 sweeps of a
D-frame dipnet and identification of the collected organisms to the
lowest practical taxonomic level, performed and calculated using the
methodologies, dated 03-31-08, in DEP-SOP-002/01 LT 7200, DEP-SOP-002/01
LQ 7400 and DEP-SOP-001/01 FS 7420, which are incorporated by reference
herein.  For water quality standards purposes, the Stream Condition
Index shall not apply in the South Florida Coastal Plain Ecoregion. 
evaluation conducted in accordance with SOPs FT 3000, FS 7420, and LT
7200, as promulgated in Rule 62-160.800, F.A.C.

	(25) (23) “Surface water” means those waters of the State upon the
surface of the earth to their landward extent, whether contained in
bounds created naturally or artificially or diffused.  Water from
natural springs shall be classified as surface water when it exits from
the spring onto the earth’s surface.

(26) (24) “Total maximum daily load” (TMDL) for an impaired water
body or water body segment shall mean the sum of the individual
wasteload allocations for point sources and the load allocations for
nonpoint sources and natural background.  Prior to determining
individual wasteload allocations and load allocations, the maximum
amount of a pollutant that a water body or water segment can assimilate
from all sources without exceeding water quality standards must first be
calculated.  A TMDL shall include either an implicit or explicit margin
of safety and a consideration of seasonal variations.

(27) (25) “Trophic State Index” or “TSI” means the trophic state
index for lakes, which is based on lake chlorophyll a, Total Nitrogen,
and Total Phosphorus levels, and is calculated following the procedures
outlined on pages 86 and 87 of the State’s 1996 305(b) report, which
are incorporated by reference.

	(28) (26) “Verified list” shall mean the list of impaired water
bodies or segments for which TMDLs will be calculated, as provided in
subsection 403.067(4), F.S., and which will be submitted to EPA pursuant
to paragraph 303(d)(1) of the CWA.

	(29) (27) “Water quality criteria” shall mean elements of State
water quality standards, expressed as constituent concentrations,
levels, or narrative statements, representing a quality of water that
supports the present and future most beneficial uses.

	(30) (28) “Water quality standards” shall mean standards composed
of designated present and future most beneficial uses (classification of
waters), the numerical and narrative criteria applied to the specific
water uses or classification, the Florida antidegradation policy, and
the moderating provisions, such as Site Specific Alternative Criteria,
variances, mixing zones, or exemptions.  (mixing zones, site-specific
alternative criteria, and exemptions) contained in Chapter 62-302,
F.A.C., and in Chapter 62-4, F.A.C., adopted pursuant to Chapter 403,
F.S.

	(31) (29) “Water segment” shall mean a portion of a water body that
the Department will assess and evaluate for purposes of determining
whether a TMDL will be required.  Water segments previously evaluated as
part of the Department’s 1998 305(b) Report are depicted in the map
titled “Water Segments of Florida,” which is incorporated by
reference.

	(32) (30) “Waters” shall be those surface waters described in
Section 403.031(13), Florida Statutes.

Specific Authority 403.061, 403.067 FS.  Law Implemented 403.062,
403.067 FS.  History - New 6-10-02, Amended 12-11-06,   -  -09.

PART II

THE PLANNING LIST

	62-303.310	Evaluation of Aquatic Life Use Support.

A Class I, II, or III water shall be placed on the planning list for
assessment of aquatic life use support (propagation and maintenance of a
healthy, well-balanced population of fish and wildlife) if, based on
sufficient quality and quantity of data, it: 

	(1)	Exceeds applicable aquatic life-based thresholds as outlined in
section 62-303.320, F.A.C.

	(2)	Does not meet biological health assessment thresholds for its water
body type as outlined in section 62-303.330, F.A.C., or

	(3)	Exceeds nutrient thresholds as outlined in section 62-303.350,
F.A.C.

Specific Authority 403.061, 403.067 FS.  Law Implemented 403.062,
403.067 FS.  History - New 6-10-02, Amended 12-11-06,   -  -08.

	

	62-303.330	Biological Assessment.

(1)	Biological data must meet the requirements of paragraphs (3) and (8)
in section 62-303.320, F.A.C.

(2)	Biological health assessments Bioassessments used to evaluate
predominantly fresh water assess streams and lakes under this rule shall
include BioRecons, Stream Condition Index (SCI) scores Indices (SCIs),
and Lake Vegetation Index (LVI) scores) the benthic macroinvertebrate
component of the Lake Condition Index (LCI), which only applies to clear
lakes with a color less than 20 platinum cobalt units.  Because these
biological health assessment bioassessment procedures require specific
training and expertise, persons conducting the biological health
assessments bioassessments must comply with the quality assurance
requirements of Chapter 62-160, F.A.C. (including adherence to Sampling
and Use of the Stream Condition Index (SCI) for Assessing Flowing
Waters: A Primer (DEP-SAS-001/09) and Sampling and Use of the Lake
Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida:
A Primer (DEP-SAS-002/09), incorporated by reference herein), attend at
least eight hours of Department sanctioned field training, and pass a
Department sanctioned field audit that verifies the sampler follows the
applicable SOPs in Chapter 62-160, F.A.C., before their biological
health assessment bioassessment data will be considered valid for use
under this rule.

(3)	A water segment shall be included on the planning list using
biological health assessments if it meets any of the following
conditions, which constitute a failed biological health assessment
score: Water segments with at least one failed bioassessment or one
failure of the biological integrity standard, Rule 62-302.530(11),
F.A.C., shall be included on the planning list for assessment of aquatic
life use support.

(a)	There is at least one failure of the Shannon-Weaver Diversity Index,
subsection 62-302.530(10), F.A.C.

(b)	One of the two most recent Stream Condition Index scores is:

1.	A score of < 40; or

2.	A 20 point reduction from the historic maximum value, as defined in
paragraph 62-302.800(4)(d), F.A.C., if the historic maximum value SCI is
above 64. 

≤ 4.   

(d) 	One of the two most recent Lake Vegetation Index scores is:

1.	A score < 46; or 

2.	A 20 point reduction from the historic maximum value, as defined in
paragraph 62-302.800(4)(d), F.A.C., if the historic maximum value LVI is
above 78.

(a)	In streams, the bioassessment shall be either an SCI or a BioRecon. 
Failure of a bioassessment for streams consists of a “poor” or
“very poor” rating on the Stream Condition Index, or a “fail”
rating on the BioRecon.

(b)	Failure for lakes consists of a “poor” or “very poor” rating
on the Lake Condition Index.

 (4)	Other information relevant to the biological health integrity of
the water segment, including toxicity tests and information about
alterations in the type, nature, or function of a waterbody, shall also
be considered when assessing aquatic life use support.

Specific Authority 403.061, 403.067 FS.  Law Implemented 403.062,
403.067 FS.  History - New 6-10-02, Amended 12-11-06,   -  -09.

	62-303.350 Interpretation Evaluation of Narrative Nutrient Criteria.

	

	(1)	The numeric nutrient criteria in sections 62-302.531 through
62-302.534, F.A.C., Trophic state indices (TSIs) and annual mean
chlorophyll a values shall be the primary means for assessing whether a
water should be assessed further for nutrient impairment.  Other
information indicating an imbalance in flora or fauna due to nutrient
enrichment, including, but not limited to, algal blooms, excessive
macrophyte growth, decrease in the distribution (either in density or
areal coverage) of seagrasses or other submerged aquatic vegetation,
changes in algal species richness, and excessive diel oxygen swings,
shall also be considered.  

	(2)	To be used to determine whether a waterbody should be assessed
further for nutrient enrichment,

	(a)	Data must meet the requirements of paragraphs (2)-(4), (7), and (8)
in rule 62-303.320, F.A.C.

	(b)	To calculate an annual geometric mean for chlorophyll a, total
nitrogen, or total phosphorus for a given year, there shall be at least
four total measurements for each parameter, with at least one
measurement taken between May and September and one measurement taken
between October and April, At least one sample from each season shall be
required in any given year to calculate a Trophic State Index (TSI) or
an annual mean chlorophyll a value for that year (for purposes of this
chapter, the four seasons shall be January 1 through March 31, April 1
through June 30, July 1 through September 30, October 1 through December
31),

	(c)	If there are multiple chlorophyll a or TSI values within a season,
the average value for that season shall be calculated from the
individual values and the four quarterly values shall be averaged to
calculate the annual mean for that calendar year,

	(d)	For data collected after the effective date of this rule,
individual TSI values shall only be calculated when the nitrogen,
phosphorus, and chlorophyll data were collected at the same time and
location,

	(d) (e)	If there are insufficient data used to calculate a TSI or an
annual mean chlorophyll a value in the planning period, but there are
data from at least four consecutive seasons, the mean

TSI or mean chlorophyll a value for the consecutive seasons shall be
used to assess the waterbody,

	(f)	There must be annual means from at least four years when evaluating
the change in

TSI over time pursuant to paragraph 62-303.352(3), F.A.C., and

	(e) (g)	To be assessed under this rule, except for data used to
establish historical chlorophyll a levels, chlorophyll a data collected
after the effective date of this rule shall be determined using
Department-approved  methods. The selection of the Department-approved
method shall be consistent with consideration of the characteristics of
the assessed water body, according to the DEP document titled,
“Applicability of Chlorophyll a Methods” (DEP/SAS/003/09),
incorporated by reference herein. The value for chlorophyll a that is
calculated by the Department-approved method shall represent chlorophyll
a in the sample as corrected for or free from the interference of
pheophytin.  corrected chlorophyll a, except for data used to establish
historical chlorophyll a levels. Corrected chlorophyll a is the
calculated concentration of chlorophyll a remaining after the
chlorophyll degradation product, phaeophytin a, has been subtracted from
the uncorrected chlorophyll a measurement.

	(3)	When comparing changes in chlorophyll a or TSI values to historical
levels, historical levels shall be based on the lowest five-year average
for the period of record. To calculate a five year average, there must
be annual means from at least three years of the five-year period.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067
FS. History - New 6-10-02, Amended 12-11-06.

62-303.351	Nutrients in Freshwater Streams.

A stream or stream segment shall be included on the planning list for
nutrients if the following biological imbalances are observed:

	(1) 	An applicable annual geometric mean numeric nutrient criterion in
section 62-302.532, F.A.C., is exceeded during at least two calendar
years during the planning period.  

	(2) (1) Algal mats are present in sufficient quantities to pose a
nuisance or hinder reproduction of a threatened or endangered species,
or

(3) (2)	Annual mean chlorophyll a concentrations are greater than 20
ug/l or if data indicate annual mean chlorophyll a values have increased
by more than 50% over historical values for at least two consecutive
years.

	(4)	The number of samples that do not meet the applicable
nitrate-nitrite criteria for streams pursuant to section 62-302.533,
F.A.C., is greater than or equal to the number listed in Table 1 in
section 62-303.320, F.A.C., for the given sample size.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067
FS. History - New 6-

10-02, Repromulgated 1-2-07, Amended   -  -09.

	62-303.352 Nutrients in Freshwater Lakes.

For the purposes of evaluating nutrient enrichment in lakes, TSIs shall
be calculated based on the

procedures outlined on pages 86 and 87 of the State’s 1996 305(b)
report, which are incorporated

by reference. Lakes or lake segments shall be included on the planning
list for nutrients if:

	(1) 	An applicable nutrient criterion contained in section 62-302.534,
F.A.C., is exceeded during at least two calendar years during the
planning period, or For lakes with a mean color greater than 40 platinum
cobalt units, the annual mean TSI for the lake exceeds 60, unless
paleolimnological information indicates the lake was naturally greater
than 60, or

	(2) 	Algal blooms are present in sufficient quantities to pose a
nuisance or hinder reproduction of a threatened or endangered species. ,
or For lakes with a mean color less than or equal to 40 platinum cobalt
units, the annual mean TSI for the lake exceeds 40, unless
paleolimnological information indicates the lake was naturally greater
than 40, or

	(3) For any lake, data indicate that annual mean TSIs have increased
over the assessment period, as indicated by a positive slope in the
means plotted versus time, or the annual mean TSI has increased by more
than 10 units over historical values. When evaluating the slope of mean
TSIs over time, the Department shall require at least a 5 unit increase
in TSI over the assessment period and use a Mann’s one-sided,
upper-tail test for trend, as described in Nonparametric Statistical
Methods by M. Hollander and D. Wolfe (1999 ed.), pages 376 and 724
(which are incorporated by reference), with a 95% confidence level.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067
FS. History - New 6-

10-02, Amended 12-11-06,   -  -09.

	

PART III

THE VERIFIED LIST

62-303.420	Aquatic Life-Based Water Quality Criteria Assessment.

(1)	The Department shall reexamine the data used in rule 62-303.320,
F.A.C., to determine whether water quality criteria are met.  

(a)	If values exceeding the criteria are not due to pollutant discharges
or reflect natural background conditions, including seasonal or other
natural variations, the water shall not be listed on the verified list. 
In such cases, the Department shall note for the record why the water
was not listed and provide the basis for its determination that the
exceedances were not due to pollutant discharges.  

(b)	If the Department has information suggesting that the values not
meeting the DO criterion are due to natural background conditions,
including information about the in-stream concentrations of TN, TP, and
BOD relative to comparable reference waters for waterbodies with values
below the DO criterion, it is the Department’s intent to support that
conclusion through the use of biological health bioassessment procedures
referenced in rule section 62-303.330, F.A.C.  The waterbody water body
or segment shall not be included on the verified list for DO the
parameter of concern if two or more independent biological health
assessments bioassessments indicate compliance with section 62-303.330,
F.A.C., and the waterbody meets applicable numeric nutrient criteria in
sections 62-302.531 through 62-302.534, F.A.C., and does not contain
elevated levels of Biological Oxygen Demand.  are conducted and no
failures are reported.  To qualify as temporally independent samples,
each biological health assessment shall be conducted at least three
months apart.  In addition, the biological health assessments shall be
conducted at the same location or immediately downstream of where the
samples were taken that led to placement on the planning list.  These
biological health assessments shall be conducted subsequent to the
collection of samples that led to the placement on the planning list. 
Biological health assessments collected at the same location less than
three months apart shall be considered to be one sample, with the mean
value used to represent the sampling period.  To be treated as
independent bioassessments, they must be conducted at least two months
apart, within the assessed segment downstream of where the samples were
measured, and after the samples were measured.

(2)	If the water was listed on the planning list and there were
insufficient data from the last five years preceding the planning list
assessment to meet the data distribution requirements of subsection
303.320(4), F.A.C., and to meet a minimum sample size for verification
of twenty samples, additional data will be collected as needed to
provide a minimum sample size of twenty.  Once these additional data are
collected, the Department shall re-evaluate the data using the approach
outlined in subsection rule 62-303.320(1), F.A.C., but using Table 3,
and place waters on the verified list when 10% or more of the samples do
not meet the applicable criteria, with a minimum of a 90% confidence
level using a binomial distribution.  The Department shall limit the
analysis to data collected during the five years preceding the planning
list assessment and the additional data collected pursuant to this
paragraph.  For sample sizes greater than 500, the Department shall
calculate the number of samples not meeting the criterion that are
needed for the given sample size using the binomial distribution.

Table 3: Verified List





	Minimum number of samples not meeting an applicable water quality
criterion

needed to put a water on the Verified list with at least 90% confidence.

Sample sizes	Are listed if they have at least this #of samples that do
not meet a criterion

Sample sizes	Are listed if they have at least this # of samples that do
not meet a criterion

From	To

	From	To

	20	25	5

254	262	33

26	32	6

263	270	34

33	40	7

271	279	35

41	47	8

280	288	36

48	55	9

289	297	37

56	63	10

298	306	38

64	71	11

307	315	39

72	79	12

316	324	40

80	88	13

325	333	41

89	96	14

334	343	42

97	104	15

344	352	43

105	113	16

353	361	44

114	121	17

362	370	45

122	130	18

371	379	46

131	138	19

380	388	47

139	147	20

389	397	48

148	156	21

398	406	49

157	164	22

407	415	50

165	173	23

416	424	51

174	182	24

425	434	52

183	191	25

435	443	53

192	199	26

444	452	54

200	208	27

453	461	55

209	217	28

462	470	56

218	226	29

471	479	57

227	235	30

480	489	58

236	244	31

490	498	59

245	253	32

499	500	60



	(3)	If the waterbody water was placed on the planning list based on
worst case values used to represent multiple samples taken during a four
day period, the Department shall evaluate whether the worst case value
should be excluded from the analysis pursuant to subsections (4) and
(5).  If the worst case value should not be used, the Department shall
then re-evaluate the data following the methodology in subsection rule
62-303.420(2), F.A.C., using the more representative worst case value
or, if all valid values are below acutely toxic levels, the median
value.

(4)	If the waterbody water was listed on the planning list based on
samples that do not meet water quality criteria for metals, the metals
data shall be excluded if it is determined that the quality assurance
requirements of subsection rule 62-303.320(8), F.A.C., were not met or
that the sample was not collected and analyzed using clean techniques,
if the use of clean techniques is appropriate.  The Department shall
re-evaluate the remaining valid data using the methodology in subsection
rule 62-303.420(2), F.A.C., excluding any data that cannot be validated.

(5)	Values that exceed possible physical or chemical measurement
constraints (pH greater than 14, for example) or that represent data
transcription errors, outliers the Department determines are not valid
measures of water quality, water quality criteria exceedances due solely
to violations of specific effluent limitations contained in state
permits authorizing discharges to surface waters, water quality criteria
exceedances within permitted mixing zones for those parameters for which
the mixing zones are in effect, and water quality data collected
following contaminant spills, discharges due to upsets or bypasses from
permitted facilities, or rainfall in excess of the 25-year, 24-hour
storm, shall be excluded from the assessment carried out under this
rule.  However, the Department shall note for the record that the data
were excluded and explain why they were excluded.

(6)	Once the additional data review is completed pursuant to paragraphs
(1) through (5), the Department shall re-evaluate the data and shall
include waters on the verified list that meet the criteria in subsection
rules 62-303.420(2) or paragraph 62-303.320(6)(b), F.A.C.

(7)	Notwithstanding the requirements of paragraph (2), water segments
shall also be included on the verified list if, based on representative
data collected and analyzed in accordance with Chapter 62-160, F.A.C.:

(a)	There are less than twenty samples, but there are five or more
samples that do not meet an applicable water quality criterion based on
data from at least five temporally independent sampling events, or

(b)	Scientifically credible and compelling information regarding the
magnitude, frequency, or duration of samples that do not meet an
applicable water quality criterion provides overwhelming evidence of
impairment.  Any determinations to list waters based on this provision
shall be documented, and the documentation shall include the basis for
the decision.

(c)	For any water chemistry data used to list waters under this
paragraph, the Department shall include in the administrative record all
of the applicable data quality assessment elements listed in Table 2 of
the Department’s Guidance Document “Data Quality Assessment Elements
for Identification of Impaired Surface Waters” (DEP EAS 01-01, April
2001).

Specific Authority 403.061, 403.067 FS.  Law Implemented 403.021(11),
403.062, 403.067 FS.  History - New 6-10-02, Amended 12-11-06,   -  -09.

62-303.430	Biological Impairment.

(1)	All biological health assessments bioassessments used to list a
water on the verified list shall be conducted and interpreted in
accordance with Chapter 62-160, F.A.C., including Department-approved
Standard Operating Procedures and the Department of Environmental
Protection documents, Sampling and Use of the Stream Condition Index
(SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/09) and
Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake
Plant Communities in Florida: A Primer (DEP-SAS-002/09), incorporated by
reference herein.  To be used for placing waters on the verified list,
any biological health assessments bioassessments conducted before the
adoption of applicable SOPs for such biological health assessments
bioassessments as part of Chapter 62-160, F.A.C., shall substantially
comply with the subsequent SOPs.

(2)	If the water was listed on the planning list based on biological
health assessment bioassessment results, the water shall be determined
to be biologically impaired if any of the following conditions occur:

a.	The average of the two most recent independent biological health
assessments are below 40 (Stream Condition Index) or 46 (Lake Vegetation
Index).  

	b.	The average of the two most recent independent Stream Condition
Index scores are 20 or more points below the historic maximum value, as
defined in paragraph 62-302.800(4)(d), F.A.C., if the historic maximum
value SCI is above 64.

	c.	The average of the two most recent independent Lake Vegetation Index
scores are 20 or more points below the historic maximum value, as
defined in paragraph 62-302.800(4)(d), F.A.C., if the historic maximum
value LVI is above 78.

there were two or more failed bioassessments within the five years
preceding the planning list assessment.  

	(3)	If there were less than two failed biological health assessments
bioassessments during the last five years preceding the planning list
assessment, the Department will conduct an additional biological health
assessment bioassessment.  If the previous failed biological health
assessment bioassessment was a BioRecon, then an SCI will be conducted. 
Failure of this additional bioassessment shall constitute verification
that the water is biologically impaired.  

(4) (3)	If the water was listed on the planning list based on other
information specified in subsection rule 62-303.330(4), F.A.C.,
indicating biological impairment, the Department will conduct a minimum
of two biological health assessments bioassessment in the water segment,
conducted in accordance with the methodology in rule 62-303.330, F.A.C.,
to verify whether the water is impaired.  For predominantly fresh water
streams, these biological health assessments bioassessment shall be an
SCIs.  Failure of these this biological health assessments bioassessment
shall constitute verification that the water is biologically impaired. 
If available, other scientifically credible methods or procedures may be
used to conduct biological health assessments in predominantly marine
waters to verify that the water is biologically impaired.

(5)	If a waterbody was listed on the planning list based on failure of
the Shannon-Weaver Diversity Index under subsection 62-302.530(10),
F.A.C., the Department will conduct a minimum of two biological health
assessments in accordance with the methodology in rule 62-303.330,
F.A.C., to verify whether the water is impaired.  If an SCI or LVI is
not applicable under Chapter 62-160, F.A.C., then the biological health
assessments shall be Shannon-Weaver Diversity Index measurements or
other scientifically credible method.

(6) (4)	Following verification that a waterbody is biologically
impaired, a water shall be included on the verified list for biological
impairment if:

(a)	There are water quality data reasonably demonstrating the particular
pollutant(s) causing the impairment and the concentration of the
pollutant(s); and

(b)	One of the following demonstrations is made:

1.	If there is a numeric criterion for the specified pollutant(s) in
Chapter 62-302, F.A.C., but the criterion is met, an identification of
the specific factors that reasonably demonstrate why the numeric
criterion is not adequate to protect water quality and how the specific
pollutant is causing the impairment, or

2.	If there is not a numeric criterion for the specified pollutant(s) in
Chapter 62-302, F.A.C., an identification of the specific factors that
reasonably demonstrate how the particular pollutant(s) are associated
with the observed biological effect.

Specific Authority 403.061, 403.067 FS.  Law Implemented 403.062,
403.067 FS.  History - New 6-10-02, Amended 12-11-06,   -  -09.

62-303.450	Evaluation Interpretation of Narrative Nutrient Criteria.

	(1) 	A stream or estuary A water shall be placed on the verified list
for impairment due to nutrients if it meets the thresholds in rules
62-303.351(3) and 62-303.353, F.A.C., and there are sufficient data from
the last five years preceding the planning list assessment, combined
with historical data (if needed to establish historical chlorophyll a
levels or historical TSIs), to meet the data sufficiency requirements of
subsection rule 62-303.350(2), F.A.C. If there are insufficient data,
additional data shall be collected as needed to meet the requirements.
Once these additional data are collected, the Department shall determine
if there is sufficient information to develop a site-specific threshold
for streams or estuaries that better reflects conditions beyond which an
imbalance in flora or fauna occurs in the water segment. If there is
sufficient information, the Department shall re-evaluate the data using
the site-specific thresholds. If there is insufficient information, the
Department shall re-evaluate the data using the thresholds provided in
rules 62-303.351(3) and 62-303.353, -.353, F.A.C., for streams, lakes,
and estuaries, respectively. In any case, the Department shall limit its
analysis to the use of data collected during the five years preceding
the planning list assessment and the additional data collected in the
second phase. If alternative thresholds are used for the analysis, the
Department shall provide the thresholds for the record and document how
the alternative threshold better represents conditions beyond which an
imbalance in flora or fauna is expected to occur.

	(2) 	If the water was listed on the planning list for nutrient
enrichment based on other information indicating an imbalance in flora
or fauna, as provided in subsection Rule 62-303.350(1), subsection
62-303.351(2), or subsection 62-303.352(2), F.A.C., the Department shall
verify the imbalance before placing the water on the verified list for
impairment due to nutrients and shall provide documentation supporting
the imbalance in flora or fauna.

	(3)  	The thresholds for impairment due to nutrients used under this
section are not required to be used during development of wasteload
allocations or TMDLs.

	(4)	Streams shall be included on the verified list for nutrients if the
number of samples that do not meet the applicable nitrate-nitrite
criteria for streams pursuant to section 62-302.533, F.A.C., is greater
than or equal to the number listed in Table 3 of section 62-303.420,
F.A.C., for the given sample size.

	(5)  	Freshwater lakes that meet the planning list requirements at
section 62-303.352, F.A.C., shall be included on the verified list for
nutrients if the criteria contained in section 62-302.534, F.A.C., are
exceeded more than once in any three calendar year period based on at
least 4 samples per year.  

	

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067
FS. History - New 6-

10-02, Amended 12-11-06,   -  -09. 

PART IV

MISCELLANEOUS PROVISIONS

62-303.720	Delisting Procedure.

	(1)	Waters on planning lists developed under this chapter that are
verified to not be impaired during development of the verified list
shall be removed from the State’s planning list. Once a water segment
is verified to not be impaired pursuant to Part III of this chapter, the
data used to place the water on the planning list shall not be the sole
basis for listing that water segment on future planning lists.

	(2)	Water segments shall be removed from the State’s verified list
only after completion of a TMDL for all pollutants causing impairment of
the segment or upon demonstration that the water meets the water quality
standard that was previously established as not being met.

	(a)	For waters listed due to failure to meet aquatic life use support
based on water quality criteria or due to threats to human health based
on single sample water quality criteria, the water shall be delisted
when: 

	1.	The number of samples that do not meet an applicable water quality
criterion due to pollutant discharges is less than or equal to the
number listed in Table 4 for the given sample size, with a minimum
sample size of 30. Waters shall be delisted when 10% or less of the
samples do not meet the applicable criterion with a minimum of a 90%
confidence level using a binomial distribution, or

	2.	Following implementation of pollution control activities that are
expected to be sufficient to result in attainment of applicable water
quality standards, evaluation of new data indicates the water no longer
meets the criteria for listing established in Rule 62-303.420, F.A.C.,
or

	3.	Following demonstration that the water was inappropriately listed
due to flaws in the original analysis, evaluation of available data
indicates the water does not meet the criteria for listing established
in Rule 62-303.420, F.A.C. New data evaluated under subparagraph
62-303.720(2)(a)1., F.A.C., must meet the following requirements:

	a.	They must include samples collected during similar conditions (same
seasons and general flow conditions) that the data previously used to
determine impairment were collected, with no more than 50% of the
samples collected in any one quarter,

	b.	The sample size must be a minimum of 30 samples, and

	c.	The data must meet the requirements of subsections 62-303.320(4),
(6) and (7), F.A.C.

	(b)	For waters listed due to failure to meet aquatic life use support
based on biological data, the water shall be delisted when the two most
recent independent biological health assessments meet the criteria in
section 62-302.800(4), F.A.C. the segment passes two independent
follow-up bioassessments. The follow-up tests must meet the following
requirements:

	1.	For streams, the new data may be two BioRecons or any combination of
BioRecons and must be SCIs.

	2.	The biological health assessments bioassessments must be conducted
during similar conditions (same seasons and general flow conditions)
under which the previous biological health assessments bioassessments
used to determine impairment were collected.

	3.	The data must meet the requirements of subsections 62-303.330(1) and
(2), F.A.C.

	(c)	For waters listed due to fish consumption advisories, the water
shall be delisted following the lifting of the advisory or when data
complying with paragraphs 62-303.470(1)(a) and (b), F.A.C., demonstrate
that the continuation of the advisory is no longer appropriate. 

	(d)	For waters listed due to their shellfish bed management
classification, the water shall be delisted upon reclassification of the
shellfish harvesting area to approved, or for conditionally approved
areas, when the only source identified by SEAS for the harvesting area
is wildlife.

	(e)	For waters listed due to bathing area closure or advisory data, the
water shall be delisted if the bathing area does not meet the listing
thresholds in subsection 62-303.360(1), F.A.C., for five consecutive
years.

	(f)	For waters listed based on impacts to potable water supplies, the
water shall be delisted when applicable water quality criteria are met
as defined in paragraph 62-303.380(1)(a), F.A.C., and when the causes
resulting in higher treatment costs have been ameliorated. 

	(g)	For waters listed pursuant to paragraph 62-303.460(3)(b),
62-303.470(3)(b), or 62-303.480(3)(b), F.A.C., the water shall be
delisted when:

	1.	The criteria applicable to those sections are met for three
consecutive years and there are sufficient new data available to
calculate monthly values for at least the same seasons in which the
exceedances occurred, or 

	2.	Following a demonstration that the water was inappropriately listed
due to flaws in the original analysis, including the use of a
non-representative sample set.

	(h)	For waters listed pursuant to paragraph 62-303.460(3)(a),
62-303.470(3)(a), or 62-303.480 (3)(a), F.A.C., the water shall be
delisted upon meeting the delisting provisions in paragraph
62-303.720(2)(a), F.A.C.

	(i)	For waters listed based on a human health-based annual average
criterion, the water shall be delisted when the annual average
concentration is less than the criterion for three consecutive years.

	(j)	For waters listed based on nutrient impairment using annual average
criteria, the water shall be delisted if it does not meet the listing
thresholds in Rule 62-303.450, F.A.C., or the applicable numeric
nutrient criteria in sections 62-302.531 through 62-302.534, F.A.C., for
three consecutive years.  Waterbodies previously added to the verified
list based solely on subsection 62-303.450(4), F.A.C., shall be delisted
if the number of samples that exceed the applicable nitrate-nitrite
criteria for streams pursuant to section 62-302.533, F.A.C., is less
than or equal to the number listed in Table 4 below for the given sample
size.

	(k)	For any listed water, the water shall be delisted if, following a
change in approved analytical procedures, criteria, or water quality
standards, evaluation of available data indicates the water no longer
meets the applicable criteria for listing. 

	(l)	For waters listed based on paragraph 62-303.420(7)(b) or subsection
62-303.470(3), F.A.C., the water shall be delisted if the Department
determines the water is no longer impaired, based on scientifically
credible and compelling information comparable in quantity and quality
to the information used to make the initial listing decision. Any
determinations to delist waters based on this provision shall be
documented, and the documentation shall include the basis for the
decision.

Table 4. Delisting

	Maximum number of samples that do not meet an applicable water quality
criterion allowable to DELIST with at least 90% confidence.

Sample Sizes

	Maximum # of Samples not meeting a criterion allowable for delisting

Sample sizes	Maximum # of Samples not meeting a criterion allowable for
delisting

From	To

	From	To

	30	37	0

279	289	21

38	51	1

290	300	22

52	64	2

301	311	23

65	77	3

312	323	24

78	90	4

324	334	25

91	103	5

335	345	26

104	115	6

346	356	27

116	127	7

357	367	28

128	139	8

368	378	29

140	151	9

379	389	30

152	163	10

390	401	31

164	174	11

402	412	32

175	186	12

413	423	33

187	198	13

424	434	34

199	209	14

435	445	35

210	221	15

446	456	36

222	232	16

457	467	37

233	244	17

468	478	38

245	255	18

479	489	39

256	266	19

490	500	40

267	278	20







	(m)	For waters listed pursuant to paragraph 62-303.320(6)(b), F.A.C.,
the water shall be delisted when the applicable criteria are met for at
least three consecutive years and there are new data available for the
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摧⪠{ᜌഀೆ퀅ꀂ瀅䀈個"摧ㆊoᜀSpecific Authority 403.061,
403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02,
Amended 12-11-06, 9-4-07,   -  -09.

			

			Draft 7-17-09

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