Florida Regulations 62-303.500: Prioritization for TMDL Development
Current as of: 2024 | Check for updates
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(1) When establishing the TMDL development schedule for water segments on the Verified List of impaired waters, the Department shall prioritize impaired water segments according to the severity of the impairment and the designated uses of the segment, taking into account the most serious water quality problems; most valuable and threatened resources; and risk to human health and aquatic life. Impaired waters shall be prioritized as high, medium, or low priority.
(2) The following waters shall be designated high priority:
(a) Water segments where the impairment poses a threat to potable water supplies, treated potable water supplies, treated potable water supplies, or to human health.
(b) Water segments where the impairment is due to a pollutant regulated by the CWA and the pollutant has contributed to the decline or extirpation of a federally listed threatened or endangered species, as indicated in the Federal Register listing the species.
(3) The following waters shall be designated low priority:
(a) Man-made canals, urban drainage ditches, and other artificial water segments unless the impairment poses a threat to potable water supplies, treated potable water supplies, treated potable water supplies, or to human health.
(b) Water segments that are not designated as high priority, and the Department has concluded that local stakeholders are diligently working on a demonstration per subsections 62-303.600(1) and (2), F.A.C., by the next listing cycle for the basin.
(4) All segments not designated high or low priority shall be medium priority and shall be prioritized based on the following factors:
(a) The presence of Outstanding Florida Waters.
(b) The presence of water segments that fail to meet more than one designated use.
(c) The presence of water segments that exceed more than one applicable water quality criteria.
(d) Administrative needs of the TMDL program, including meeting a TMDL development schedule agreed to with EPA, focusing TMDL development where it is the most effective approach to restoration, and basin priorities related to following the Department’s watershed management approach.
Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History-New 6-10-02, Amended 12-11-06, 8-1-13, 2-17-16, 10-17-16.
(a) Water segments where the impairment poses a threat to potable water supplies, treated potable water supplies, treated potable water supplies, or to human health.
(b) Water segments where the impairment is due to a pollutant regulated by the CWA and the pollutant has contributed to the decline or extirpation of a federally listed threatened or endangered species, as indicated in the Federal Register listing the species.
(3) The following waters shall be designated low priority:
(a) Man-made canals, urban drainage ditches, and other artificial water segments unless the impairment poses a threat to potable water supplies, treated potable water supplies, treated potable water supplies, or to human health.
(b) Water segments that are not designated as high priority, and the Department has concluded that local stakeholders are diligently working on a demonstration per subsections 62-303.600(1) and (2), F.A.C., by the next listing cycle for the basin.
(4) All segments not designated high or low priority shall be medium priority and shall be prioritized based on the following factors:
(a) The presence of Outstanding Florida Waters.
(b) The presence of water segments that fail to meet more than one designated use.
(c) The presence of water segments that exceed more than one applicable water quality criteria.
(d) Administrative needs of the TMDL program, including meeting a TMDL development schedule agreed to with EPA, focusing TMDL development where it is the most effective approach to restoration, and basin priorities related to following the Department’s watershed management approach.
Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History-New 6-10-02, Amended 12-11-06, 8-1-13, 2-17-16, 10-17-16.