Fla. Admin. Code Ann. R. 62-306.400 - Credit Eligibility
(1)
Activities that are potentially eligible to generate credits include, but are
not limited to:
(a) Installation or
modification of water pollution control equipment or activities that are not
required to meet TBELs, WQBELs, or other pollution control obligations, and
reduce nutrient loads below the baseline .
(b) Operational changes or the modification
of a process or process equipment that reduce the quantity of water discharged
through reuse, recycling, water conservation, or other measures and thereby
reduce the load of nutrients discharged. Credits may be generated when a
permitted surface water discharge facility closes its operations or ceases
discharging to surface waters, but the credits shall only be valid while the
permit remains in effect.
(c)
Implementation of structural nonpoint source management controls.
(d) Installation, operation and maintenance
of new drainage projects designed to treat stormwater.
(e) Implementation by agricultural operations
of soil or water treatment technologies or water-quality enhancing production
practices or systems that are confirmed in writing by DACS to reduce nutrient
loads below the baseline .
(f) Other
pollution controls, technologies or management practices with a demonstrated
ability to reduce nutrient loads below the baseline established in a BMAP or
RAP.
(g) A documented change in
land use that goes beyond normal crop rotations or other standard agronomic
practices that results in a reduction of nutrient loads below the baseline land
use in the TMDL, BMAP or RAP.
(2) Activities that are not eligible to
generate credits include:
(a) A reduction in
nutrient loading that is required under a regulatory program, including a BMAP
or RAP. However, reductions beyond those required under a regulatory program
shall be eligible to generate credits.
(b) Implementation of BMPs that are required
under a permit or the adopted BMAP or RAP.
(3) For estimated credits, the Department
will calculate the number of credits generated using the same method used to
calculate nutrient loading during TMDL, BMAP or RAP development. For an
agricultural nonpoint source , the entity must undergo an onsite assessment to
identify the specific BMPs that are applicable to the agricultural operation
from the suite of adopted BMPs for the type of agricultural operation, assisted
by DACS; submit to DACS a BMP checklist and a signed Notice of Intent to
implement the applicable BMPs; and fully implement the BMPs as required under
Section 403.067, F.S., before the
Department will authorize credits for reductions beyond those expected from the
applicable BMPs.
(4) An entity must
fully comply with its baseline nutrient load to be eligible for credits
resulting from management actions that reduce the nutrient load below the
baseline . For an entity that is not a source of nutrients and is not covered by
an individual or categorical load allocation, the entity may generate credits
if it demonstrates in accordance with this chapter that it will reduce nutrient
loads to the waterbody.
Notes
Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS.
New 9-6-10, Amended 1-11-16.
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