62-306.200. Definitions

(1) “Baseline” means the annual nutrient load from a pollutant source after performing all required pollution control activities, below which water quality credits may be generated. The baseline will be set forth in the permit, BMAP or RAP. The baseline for a point source is the entity’s annual wasteload allocation under the BMAP or RAP, or a water quality-based effluent limitation established in a permit, whichever is more stringent. The baseline for a non-agricultural nonpoint source is the entity’s individual annual load allocation or the applicable categorical load allocation under the BMAP or RAP. The baseline for an agricultural nonpoint source is the entity’s annual load allocation or applicable categorical load allocation, if specified in the BMAP or RAP, or the nutrient load expected following the entity’s implementation of applicable Department of Agriculture and Consumer Services (DACS) adopted BMPs pursuant to Section 403.067, F.S. For a concentrated animal feeding operation, the baseline is defined by the entity’s comprehensive nutrient management plan, or its allocation under the BMAP or RAP, whichever is more stringent.

(2) “Best management practices (BMPs)” means a practice or combination of practices adopted by rule by DACS, the Department, or the applicable Water Management District as an effective and practicable means for reducing nutrient inputs and improving water quality, taking into account economic and technological considerations.

(3) “Credit” means the amount of an entity’s nutrient load reduction below the baseline that will be available for trading purposes pursuant to the requirements of this chapter. Credits shall be in either the units of pounds per year or kilograms per year.

(4) “Department” means the Florida Department of Environmental Protection.

(5) “Estimated credit” means a credit for nutrient load reductions where treatment methods do not reasonably allow influent and effluent water quality to be measured. All credits that are not measured credits are estimated credits.

(6) “Location Factors” (LFs) means adjustments to credits made by the Department to ensure that trades do not result in localized water quality impacts. Location Factors represent the relative impact a given unit of nitrogen or phosphorus discharged at one location has on the water quality in the impaired waterbody compared to the same amount of nitrogen or phosphorus discharged at another location. LFs are used in trades to provide reasonable assurance that the seller’s credits are functionally equivalent in protecting the water quality of the waterbody or water segment.

(7) “Measured credit” means a credit for nutrient load reductions that can be directly monitored using water quality, including effluent, samples.

(8) “Municipal separate storm sewer system” or “MS4” has the same meaning as in Rule 62-624.200, F.A.C.

(9) “Nonpoint source” means a source of pollutants discharged to surface or ground water, generally in response to rainfall events, that is not a point source.

(10) “Permit” means an authorization issued by the Department pursuant to Chapter 403, F.S., to discharge into surface or ground waters.

(11) “Point source” means a pollutant discharge requiring a National Pollutant Discharge Elimination System permit pursuant to Chapter 62-620, F.A.C.

(12) “Trading Registry” means the water quality credit database created and maintained by the Department to register the generation and trading of water quality credits.

(13) “Technology-Based Effluent Limitation” (TBEL) means a minimum waste treatment requirement adopted by the Department based on treatment technology.

(14) “Uncertainty Factor” (UF) means the ratio of the estimated number of pounds or kilograms of nutrient load reduction by a nonpoint source to the number of pounds or kilograms of credit that will be authorized. The UF reflects the uncertainty associated with estimated credits.

(15) “Wastewater facility” means a facility that accepts and treats domestic wastewater or industrial wastewater as those terms are defined in Rule 62-620.200, F.A.C.

(16) “WQBEL” means a Water Quality-Based Effluent Limitation developed pursuant to Chapter 62-650, F.A.C.

(17) “Water Quality Credit Trading” means the exchange of credits pursuant to the requirements of this chapter between nutrient sources.

(18) “WBID” means a unique waterbody identification unit used by the Department to divide a waterbody into discrete segments for purposes of assessment and restoration under Section 403.067, F.S.

Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS. History–New 9-6-10, Amended 1-11-16.