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FSA Petitions State to Revise Classification of Florida Streams

Even to the untrained eye, its function is fairly obvious. Surrounded by steep concrete slopes and chain-link fencing, Pinellas Park Ditch #5 is a stormwater ditch. The runoff it collects after heavy rains carries greases and oils, pesticides, fertilizers and trash from nearby roads, yards and parking lots.

But the Florida Department of Environmental Protection rates the manmade ditch as a Class III recreational water body, or fishable and swimmable — a classification under the federal Clean Water Act that local officials say could force unrealistic and expensive cleanup requirements.

“This problem occurs in almost every county in Florida,” says Kurt Spitzer, executive director of the Florida Stormwater Association (FSA), which petitioned DEP in July to revise the classification system. “You have a ditch or stormwater conveyance whose condition is such that you’ll never be able to attain current water quality standards – but local governments will be forced to address them at some point.”

This Pinellas Park stormwater ditch is currently classified as a Class III recreational waterway, a designation officials say could force unrealistic cleanup requirements.
Photo courtesy Pinellas County
This Pinellas Park stormwater ditch is currently classified as a Class III recreational waterway, a designation officials say could force unrealistic cleanup requirements.

FSA, which represents city and county officials, wants the classification system revised so that local governments won’t be forced to improve the water quality of ditches and canals at the expense of lakes and rivers downstream. FSA also says a new classification system will offer greater protection for near pristine streams and lakes in the Panhandle and Northern Florida, for example, by establishing a classification with more stringent water quality standards.

Established more than 30 years ago, the current surface water classification system includes five designations, with the majority of surface waters lumped under Class III, meaning the water is expected to support recreation and a healthy fish and wildlife population. The other categories are Class I (drinking water), Class II (shellfish harvesting), Class IV (agricultural supplies ) and Class V (industrial waters, a designation that hasn’t been used since the cleanup of the Fenhollaway River).

The FSA petition seeks the adoption of a new waterway classification with refined and expanded categories following recommendations of a Policy Advisory Committee convened by the DEP in 2006. The recommendations are to change the system from five categories, combining standards for human and aquatic life uses, to a new system with seven human use classes and four aquatic life classes.

A hearing on the draft rules has been tentatively scheduled for November 18 in Temple Terrace.
The current rulemaking will not change the designated use for any water but simply defines the structure for an expanded classification system. Any future change of use for an individual waterbody will require separate rulemaking and additional approval from the Florida Environmental Regulation Commission and U.S Environmental Protection Agency.

For Pinellas County and other local governments supporting reclassification, it comes down to investing limited resources where they can be best served. “The idea behind reclassification is, do we want to spend our money cleaning up that ditch to the point where it can support fishing and swimming or clean up the water to protect receiving waters like Joe’s Creek,” says Kelli Hammer-Levy of the Pinellas County Department of Environmental Management.

“We have these wonderful, beautiful resources like Lake Tarpon and Brooker Creek,” she says. “Those are the systems that need our attention. If our resources are pulled away to make concrete stormwater ditches fishable and swimmable, then there will be less resources to protect those waters that are truly important.
“I would rather spend money improving waters discharging to (recreational water bodies) than make a concrete lined ditch into something it can never be,” says Hammer-Levy.

Frequently Asked Questions:

What are surface water quality standards?
Water quality standards are the basis for protecting and regulating the quality of surface waters in Florida. The standards implement portions of the federal Clean Water Act by specifying the designated and potential uses of waterbodies. They set scientifically established physical, chemical, and biological thresholds (criteria) to protect those uses. The standards also contain policies to protect high quality waters. Taken together these standards ensure that a water body is suitable for both human and aquatic life uses.

Why refine them now?
In July, the Department of Environmental Protection (DEP) received a petition from the Florida Stormwater Association requesting formal rulemaking to amend the existing classification structure. Under federal law, DEP is responsible for reviewing and setting the state’s surface water quality standards. DEP has performed a comprehensive evaluation of designated uses and water body classifications and determined that refining the current system could improve protection of public health and the aquatic life that thrive in our rivers, lakes, streams, wetlands and estuaries.

The current classification system has been in effect for more than 30 years, and scientific knowledge has advanced since then. We now know that factors other than water quality, such as aquatic habitat availability and water flow patterns, can greatly affect aquatic life. As DEP’s water quality protection programs adapt to the newer science and other changes, Florida now has an opportunity to improve the way we protect public health and aquatic life by modifying our designated uses classification system.

Is DEP lowering water quality standards and compromising the value of Florida’s surface waters?
No. DEP is looking for ways to improve surface water quality standards and develop more effective programs to protect and restore Florida’s water resources. The current classification system is very simple in structure and does not differentiate between natural waterways and artificially constructed waters. Additionally, it does not recognize that some natural waters are unique and require higher levels of protection to preserve their special attributes. Simply stated the true range of uses associated with the diversity of Florida’s surface waters is not captured within the existing classification structure. DEP’s goal will always be to promote high standards through appropriate classification, permitting, water quality monitoring and restoration. The refinements under consideration would expand the current classification system to better account for the differences between human and aquatic life uses and their unique protection needs. The expanded classification system will allow DEP to better protect pristine waters and establish more realistic goals for artificial waters.

Who is DEP working with on the possible changes to the reclassification system?
In 2006 DEP formed a Policy Advisory Committee (PAC) of independent experts to help the agency consider the environmental, scientific, technical, economic, legal and social factors involved with potential changes. Nominations were requested from a wide range of expert stakeholders—environmental groups, local governments, other state agencies, business and industry, the United States Environmental Protection Agency (EPA) — to represent diverse interests and bring balance to the discussions.

With the submittal of the petition by the Florida Stormwater Association, the DEP will engage all interested parties in a rulemaking process. Through formal rulemaking, workshops will be conducted, information will be disseminated through multiple channels, and recommendations from all parties will be considered. The findings of the PAC will serve as the starting point for the rulemaking process.

How would DEP change the classification of surface water?
Any change to a surface water’s designated use would require formal, public rulemaking and approval by the ERC. The current rulemaking will not change the designated use (regulatory goal) for any water but simply defines the structure for an expanded classification system. Any future change of use for an individual water will require separate rulemaking and additional approval from the ERC and EPA.

How will “impaired waters” and Total Maximum Daily Loads (TMDLs) be affected?
If the designated use of a surface water is not being met and maintained, the cause of the water quality impairment must be identified and corrected. The primary programs established to identify problems and restore water quality are TMDLs and Basin Management Action Plans. Changes to the classification system would not change the procedures of the TMDL program but will align water quality requirements with appropriate ecological goals and human uses.

—Source: DEP