Florida Regulations 62-43.030: Preparation, Submittal, and Review of Surface Water Priority Lists
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(1) Each District, in cooperation with the Department, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and local governments, shall develop and maintain a list in priority order of surface waters of regional or statewide significance which require restoration or protection. Each District shall consider the following criteria in preparing the list and priority ranking:
(a) The degree to which state water quality standards are violated. In reviewing this criterion, each District shall consider the following factors:
1. The status and trends of water quality in the water body, including the nature and extent of pollution loading from point and nonpoint sources and the extent to which uses are impaired,
2. Whether the water body can reasonably be expected to meet or maintain water quality standards without action to control point or nonpoint sources; and,
3. The nature and extent of sources of point and nonpoint pollution which contribute to the waters not meeting standards.
(b) An evaluation of the nature and extent of conditions that adversely affect the water body, including, but not limited to:
1. Nutrient balance of the water body,
2. Trophic state of the water body,
3. Existence or need for continuous aquatic weed control,
4. Biological condition of the water body,
5. Physical conditions; and,
6. Reduced fish and wildlife values.
(c) Threats to water supplies, especially agricultural and urban supplies, and public recreational opportunities. In reviewing this criterion, each District shall consider the following factors:
1. Whether uses of the water body are impaired, including whether the water body does not meet state water quality standards or requires control programs to maintain compliance with standards; and,
2. Whether conditions intermittently or frequently prevent a beneficial use.
(d) Threats to or need for long-term protection of those exceptional or outstanding water bodies which are currently in good condition.
(e) The extent to which the plans, ordinances, and policies of local governmental units with jurisdiction over the water body are consistent with a District’s efforts to restore or protect the water body.
(f) The feasibility of monitoring the success of restoration or protection efforts in the water body.
(g) The economic and environmental feasibility of accomplishing the restoration or protection goals.
(2) Using the criteria established by subsection 62-43.030(1), F.A.C., each District shall prepare and submit to the Department a surface water priority list. The list shall include supporting documentation explaining the use of the specified criteria in development of the list and of the selected priority order.
(3) Within 30 days after receipt of the District’s proposed priority list, the Department shall notify the District in writing whether the list is approved as consistent with the intent and provisions of this rule and Florida Statutes § 373.453 If the list is not approved, the notification shall include recommendations for modifications necessary to obtain Department approval of the final list.
(4) The Approved Surface Water Priority List shall be reviewed and updated by the District as necessary, but in no event later than every 3 years. The revised list shall be submitted to the Department for approval as specified by subsections 62-43.030(2) and (3), F.A.C.
Rulemaking Authority 373.043, 373.453 FS. Law Implemented 373.026, 373.451, 373.453 FS. History-New 12-7-87, Amended 2-21-90, Formerly 17-43.030.
Terms Used In Florida Regulations 62-43.030
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. The status and trends of water quality in the water body, including the nature and extent of pollution loading from point and nonpoint sources and the extent to which uses are impaired,
2. Whether the water body can reasonably be expected to meet or maintain water quality standards without action to control point or nonpoint sources; and,
3. The nature and extent of sources of point and nonpoint pollution which contribute to the waters not meeting standards.
(b) An evaluation of the nature and extent of conditions that adversely affect the water body, including, but not limited to:
1. Nutrient balance of the water body,
2. Trophic state of the water body,
3. Existence or need for continuous aquatic weed control,
4. Biological condition of the water body,
5. Physical conditions; and,
6. Reduced fish and wildlife values.
(c) Threats to water supplies, especially agricultural and urban supplies, and public recreational opportunities. In reviewing this criterion, each District shall consider the following factors:
1. Whether uses of the water body are impaired, including whether the water body does not meet state water quality standards or requires control programs to maintain compliance with standards; and,
2. Whether conditions intermittently or frequently prevent a beneficial use.
(d) Threats to or need for long-term protection of those exceptional or outstanding water bodies which are currently in good condition.
(e) The extent to which the plans, ordinances, and policies of local governmental units with jurisdiction over the water body are consistent with a District’s efforts to restore or protect the water body.
(f) The feasibility of monitoring the success of restoration or protection efforts in the water body.
(g) The economic and environmental feasibility of accomplishing the restoration or protection goals.
(2) Using the criteria established by subsection 62-43.030(1), F.A.C., each District shall prepare and submit to the Department a surface water priority list. The list shall include supporting documentation explaining the use of the specified criteria in development of the list and of the selected priority order.
(3) Within 30 days after receipt of the District’s proposed priority list, the Department shall notify the District in writing whether the list is approved as consistent with the intent and provisions of this rule and Florida Statutes § 373.453 If the list is not approved, the notification shall include recommendations for modifications necessary to obtain Department approval of the final list.
(4) The Approved Surface Water Priority List shall be reviewed and updated by the District as necessary, but in no event later than every 3 years. The revised list shall be submitted to the Department for approval as specified by subsections 62-43.030(2) and (3), F.A.C.
Rulemaking Authority 373.043, 373.453 FS. Law Implemented 373.026, 373.451, 373.453 FS. History-New 12-7-87, Amended 2-21-90, Formerly 17-43.030.