Outstanding
Florida Waters - Questions and Answers
Some
common questions about an Outstanding Florida Water (OFW)
designation are answered here. For more information, please
contact
Eric
Shaw or
Janet
Klemm in Tallahassee (850/245-8346) or view the website
at:
http://www.dep.state.fl.us/water/wqsspp. (Download the OFW
Q&A)
What is the basic intent of an OFW
designation?
To prevent the lowering of existing water quality.
Does the present classification of proposed OFW
waters already prevent the lowering of water quality?
No. For present water quality classifications such
as Class II (Shellfish Propagation or Harvesting) and Class III
(Recreation, Fish, and Wildlife), DEP can issue permits to lower
water quality down to the minimum standards for that classification,
provided that such degradation is necessary or desirable under
federal standards and under circumstances which are clearly in the
public interest (Rule 62-302.300(17), Florida Administrative Code).
The general and minimum standards are intended to protect these uses
but may not protect all species or be adequate for all water bodies.
Class II and III waters have a smaller “safety margin” than
Outstanding Florida Waters.
What activities would be affected by an OFW
designation?
Only activities that require a DEP or applicable
water management district permit and have the potential to lower
water quality would be affected, such as dredge and fill and
pollutant discharge activities.
What types of activities are not affected by an OFW
designation?
Activities not regulated by DEP for water quality
protection purposes, such as fishing, boating, diving, and river
setback ordinances, are not affected.
Would regulatory activities of all state and federal
agencies be affected?
No. Only DEP permitted activities are affected with
the exception of stormwater permits required by the Water Management
Districts that have been delegated stormwater management authority
from DEP. However, some indirectly associated activities, such as
dredging and filling for new marinas, are subject to OFW standards.
Some activities, such as those for maintenance of
existing facilities, activities to allow or enhance pubic usage, and
construction activities which temporarily lower water quality, are
exempted from regular OFW criteria if special safeguards are used.
Is an additional application needed to obtain a
permit for an activity in an OFW?
No. An OFW designation affects only the criteria
used in permitting decisions. It is not a new or separate permit
process.
What effect does an OFW designation have on a
pollutant discharge that currently has a DEP permit?
Existing legal discharges are “grandfathered” and
may continue without any new OFW requirements, provided the
permitted discharge does not increase or change.
Some activities are exempt from DEP permitting. Would
exemptions still be possible with an OFW designation?
Yes. An OFW designation affects only activities
which require a DEP permit. Activities eligible for an exemption
from DEP permitting do not have any new requirements placed on them.
What regulations apply to new pollutant discharges to
OFWs?
There are separate requirements which must be met
for direct and indirect discharges:
- New direct pollutant discharges must not lower
existing ambient water quality.
- New indirect pollutant discharges (discharges to
waters which influence OFWs, although not placed directly into an
OFW) must not significantly degrade nearby Outstanding Florida
Waters.
Activities receiving DEP permits must also be
“clearly in the public interest”.
Are there stricter stormwater controls for OFWs?
Yes. Some activities which result in direct
discharge of stormwater to OFWs are required to retain or treat a
larger amount of stormwater than facilities which discharge to non-OFW
waters. Some water management districts have been delegated
stormwater permitting authority.
Are there exemptions to the stormwater requirements
for agriculture or silviculture activities?
Yes. Generally, facilities for treatment of
stormwater from agricultural lands are exempted from the stormwater
requirements provided that they are managed as part of an approved
Conservation Plan which is implemented according to its terms (Rule
62-25.030(1)(e), F.A.C.).
Facilities for silviculture that are constructed and
operated in accordance with Silviculture Best Management Practices
Manual (2000) are also exempt, as specified in Rule 62-25.030(1)(f),
F.A.C. The specific exemptions may very somewhat among the water
management districts.
Would an OFW designation shut down development in the
area?
No. This has not been the effect of other OFW
designations. However, a designation can impose higher costs for
pollution abatement on new pollution sources.
Would an OFW designation prevent the issuance or
renewal of permits for maintenance dredging and spoil disposal?
The activities allowed in current maintenance
dredging and spoil disposal permits would be grandfathered under an
OFW designation. A substantially different or expanded dredging
operation would either have to meet the general OFW requirements or
qualify for one of its exemptions. The Department of Environmental
Protection has issued a number of maintenance dredging permits in
OFWs.
Would an OFW designation extend DEP’s jurisdiction
further into tributaries and wetlands?
No. The jurisdiction of DEP is no more broad or
narrow after an OFW designation. However, within that same
geographic area, the Department applies new, more stringent
standards for the issuance of DEP permits.
How is an area designated as an OFW?
The Florida Environmental Regulation Commission, a
seven-member citizens’ body, votes on each proposal at a public
hearing that is usually held in the affected area.
Who can propose an OFW?
Anyone who wishes to propose waters for an
Outstanding Florida Water designation may submit a petition to the
Department in accordance with Chapter 120 of the Florida Statutes.
For more information please contact:
Eric Shaw at
(850) 245-8429 or
Janet Klemm
at (850) 245-8427.
Water Quality Standards and Special Projects Program
Florida Department of Environmental Protection
2600 Blair Stone Road -
M.S. 3560
Tallahassee, FL 32399
850-245-8417
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