Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-306 - WATER QUALITY CREDIT TRADING › Section 62-306.200 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(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.
New 9-6-10, Amended
					 1-11-16.