Section 62-303.360 - Primary Contact and Recreation Use Support(1) A Class I, I-Treated, II, III or III-Limited (if primary contact and recreational use is not limited) water shall be placed on the Planning List for evaluating primary contact and recreation use support based on bacteriological data if: (a) There is a sufficient number of samples from the water segment that do not meet the applicable water quality criteria for E. coli for predominantly freshwaters or enterococci for predominantly marine waters expressed as a Ten Percent Threshold Value (TPTV) based on the methodology described in subsection 62-303.320(1), F.A.C. Data must meet the requirements of subsections 62-303.320(2), (3), (4)(e) -(4)(g), (8), (9), F.A.C. Samples collected on different days will be assessed as individual samples and samples collected on the same day shall be averaged, or(b) The waterbody includes a sampling location that has one or more monthly geometric mean values above the monthly geometric mean E. coli criterion for predominantly freshwaters or enterococci criterion for predominantly marine waters during the planning period. To calculate a monthly geometric mean, there shall be at least ten samples collected within that month, with at least one sample from each full week of the month. Data must meet the requirements of subsections 62-303.320(2), (3), (4)(e) -(4)(g), (8), (9), F.A.C., and samples collected on different days will be assessed as individual samples and samples collected on the same day shall be averaged.(2) A Class I, I-Treated, II, III or III-Limited water shall be placed on the Planning List for evaluating primary contact and recreation use support based on bathing area closures, advisories, or warnings issued by a local health department or county government if: (a) The water segment includes a bathing area that was closed by a local health Department or county government for more than one week or more than once during a calendar year based on bacteriological data, or(b) The water segment includes a bathing area for which a local health Department or county government has issued closures, advisories, or warnings totaling 21 days or more during a calendar year based on bacteriological data, or(c) The water segment includes a bathing area that was closed or had advisories or warnings for more than 12 weeks during a calendar year by a local health Department or county government based on derived relationships between bacteria levels and rainfall or flow.(3) The Florida Department of Health (DOH) database shall be the primary source of data used for determining bathing area closures, advisories, and warnings.(4) Advisories, warnings, and closures based on red tides, rip tides, dangerous aquatic life, hurricanes, or short-term releases of pollutants, such as sewage spills, sewer line breaks, and medical wastes, shall not be included when assessing primary contact and recreation use support. However, the Department shall note for the record that closures, advisories, or warnings were excluded and explain why they were excluded.Fla. Admin. Code Ann. R. 62-303.360
Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS.
New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, Amended by Florida Register Volume 42, Number 021, February 02, 2016 effective 2/17/2016, Amended by Florida Register Volume 42, Number 193, October 4, 2016 effective 10/17/2016.New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, 2-17-16, 10-17-16.