Section 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.Fla. Admin. Code Ann. R. 62-306.400
Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS.
New 9-6-10, Amended by Florida Register Volume 41, Number 249, December 29, 2015 effective 1/11/2016.New 9-6-10, Amended 1-11-16.