Rule 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 and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), (8), and (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 assessment period. To calculate a monthly geometric mean, for Class I or Class I-Treated waters, there shall be at least 5 samples taken on five different days over a calendar month. For Class II, Class III, or Class III-Limited waters, there shall be at least 10 ten samples collected on ten different days over a calendar month. Data must meet the requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), (8), and (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.

(5) 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 health alert notifications issued by a county health department due to the detection of an algal toxin. The health alert notifications shall total at least 21 days during a calendar year. Rulemaking 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, 8-1-13, 2-17-16, 10-17-16, 11-25-25.