Rule 62-303.600. Evaluation of Pollution Control Mechanisms

(1) Upon determining that a waterbody is impaired or determining there is an increasing trend in nutrients or a nutrient response variable based on the requirements of paragraph 62-303.390(2)(a), F.A.C., subsection 62-303.450(5), F.A.C., or other scientifically credible trend tests, the Department shall evaluate whether existing or proposed technology-based effluent limitations and other pollution control programs under local, state, or federal authority are sufficient to result in the attainment of applicable water quality standards.

(2) If, after evaluation of the pollution control mechanisms set forth in subsection (1), the water segment is expected to attain water quality standards in the future and is expected to make reasonable progress towards attainment of water quality standards by the time the next section 303(d) list for the basin is scheduled to be submitted to EPA, the segment shall not be listed on the Verified List. The Department’s decision shall be based on a plan that provides reasonable assurance that any proposed pollution control mechanisms and expected improvements in water quality in the water segment will attain applicable water quality standards.

(3) For water segments with planned or on-going restoration activities that will address the non-attainment of water quality standards pursuant to paragraph 62-303.390(2)(d), F.A.C., stakeholders may submit information to the Department demonstrating pollutant reduction mechanisms to address the non-attainment.

(a) Progress towards implementing planned restoration activities shall be assessed by the Department during each subsequent assessment cycle, and the waterbody shall be placed on the Verified List if the Department determines that the waterbody has not demonstrated sufficient progress towards attainment of the applicable water quality standards.

(b) The Department’s decision to place the waterbody on the Verified List shall be based on an evaluation of the attainment of the applicable water quality standards, water quality trends, and documentation provided by stakeholders on the status and progress of restoration activities. Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Repromulgated 1-2-07, Amended 2-17-16, 11-25-25.