62-306.300. General Requirements

(1) Credits may be traded only within the boundaries of a BMAP or RAP, or within the boundaries of BMAPs or RAPs addressing hydrologically-connected waters, that includes detailed allocations to point sources and detailed or categorical allocations to nonpoint sources.

(2) Credits generated by a point source, other than an MS4, must be confirmed by effluent monitoring, which must be undertaken and provided to the Department throughout the life of the trade.

(3) Credits generated by a nonpoint source or an MS4 must be measured where treatment methods allow influent and effluent water quality to be measured or, where direct measurement cannot reasonably be accomplished, they may be estimated for the type of operation. When estimating credits for nonpoint source pollution control activities, the estimate shall be the long-term average expected reduction. If credits are estimated, the Department will use uncertainty factors, as applicable, to adjust the credits available for trading.

(4)(a) An individually permitted wastewater facility that proposes to purchase or sell credits must obtain a new or revised Department permit to authorize the use or sale of such credits. The permit shall reflect the amount by which the permitted nutrient load has been adjusted by the purchase or sale of credits or, if no load was identified in the previous permit, the new or revised permit must reflect the new permitted load, the baseline load, and the basis for the load reduction associated with the trade.

(b) For trades not involving an entity required to obtain an individual wastewater permit, the Department shall authorize the use and sale of credits in a BMAP or RAP, which will reflect the baseline nutrient load and the basis for the nutrient load reduction associated with the credits.

(5) Credits are not available for trading until the Department has authorized the credits in a permit, BMAP or RAP. However, activities completed before the adoption of the applicable BMAP or RAP are eligible to generate credits if the nutrient reductions resulting from the activities are not part of the baseline that is subsequently adopted in the BMAP or RAP. Credits are expressed as annual loading of nitrogen or phosphorus and cannot be rolled over or aggregated from year to year. A credit retains its environmental value only as long as the activity resulting in its creation continues to provide at least the same level of nutrient load reduction below the baseline load authorized by the Department in the BMAP, RAP or permit, and the Department’s authorization for the credit remains in effect. A credit included in an ongoing Department-authorized trade is not available for another trade. The Department will maintain the accounting of credits in its Trading Registry.

(6) A water quality credit trade shall not result in a net increase in the total nutrient load to a nutrient impaired waterbody or localized violations of water quality standards, nor shall it be used to offset violations of a discharge permit or to comply with any applicable TBELs

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