62-306.800. Compliance with Trade Provisions

(1) The seller shall certify and document to the Department annually during the life of the trade that the control devices and systems, technologies, BMPs, land use changes, or other actions on which the credits are based, continue to be fully implemented and properly operated and maintained throughout the life of the trade, and for measured credits, that nutrient load reductions below the baseline continue to be achieved at the authorized level.

(2) If the credits traded are measured credits, the seller shall report to the Department the quantity of the Total Nitrogen or Total Phosphorus discharged on a monthly basis to demonstrate fulfillment of the nutrient load reduction resulting in credits. If applicable, a permittee may use the precoded Discharge Monitoring Report form provided by the permitting office to the permit holder at the time of permit issuance to report the amount of Total Nitrogen or Total Phosphorus discharged.

(3) If the credits traded are estimated credits, the seller shall report to the Department quarterly providing the following information:

(a) The name and location of the activity generating the credits;

(b) The pollutants controlled;

(c) The BMPs implemented or, in the case of concentrated animal feeding operations, the activities conducted under a comprehensive nutrient management plan;

(d) The control devices installed and date completed, and information on their proper operation and maintenance;

(e) The linear feet or acres for which BMPs or other management measures or controls have been completed; and,

(f) A calculation of the quantity of each pollutant controlled using the same methods and procedures used to determine the load reductions and credits.

(4) Liability:

(a) A seller of water quality credits is responsible for achieving the load reductions on which the credits are based and complying with the terms of its permit, or the BMAP or RAP, and any trading agreements into which it has entered.

(b) A buyers of water quality credits is responsible for complying with all terms of the trade and the BMAP, RAP or permit. In the event the Department determines the purchased credits are invalid because the seller fails to achieve the load reductions on which the credits are based, but the buyer otherwise meets applicable regulatory requirements, the invalidation of credits shall not be a violation by the buyer. In such cases, the Department shall allow the buyer, within a reasonable amount of time, to obtain credits from another source, increase treatment, or otherwise reduce the discharged load to meet its allocation, and the Department will reflect this fact in the BMAP, RAP, permit, or Administrative Order, as appropriate. Failure to meet its allocation within a reasonable time after the invalidation of credits shall subject the buyer to enforcement in accordance with the provisions of Sections 403.061 and 403.121, F.S.

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