Current as of: Dec. 2011 (1) “Act” means the Florida Watershed Restoration Act, as codified under Section 403.067, F.S. (2) “Baseline” means the pollutant-specific point source discharge or nonpoint source load allowable under the TMDL or BMAP. (3) “Best management practices (BMPs)” means a practice or combination of practices adopted by rule by the Department of Agriculture and Consumer Services, the Department of Environmental Protection, or the applicable Water Management District as the most effective and practicable means for improving water quality, taking into account economic and technological considerations. (4) “Clean Water Act” means the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act, 33 U.S.C. §1251 et seq. (5) “Credit” means the pollutant-specific point source load reduction or nonpoint source load reduction that is generated and may be used or traded as water quality credits (WQCs). A credit may only be generated when pollutants loads are reduced below the baseline load allowable under the TMDL or BMAP. Credits shall be in either the units of pounds per year or kilograms per year. (6) “Department” means the Florida Department of Environmental Protection. (7) “Estimated credits” means load reductions from nonpoint sources that are used for credit trading but which cannot be reasonably measured through direct monitoring. (8) “Location Factors” (LFs) means the WBID-specific numbers, as listed in the LSJR BMAP Tables 22 and 23, that are used to ensure that trades do not result in localized impacts on the river. Location Factors represent the relative impact a given unit of nitrogen or phosphorus discharged at a WBID has on water quality in the worst case WBID compared to the same amount of nitrogen or phosphorus discharged directly to the worst case WBID. LFs are used in trades to provide reasonable assurance that the seller’s credits are functionally equivalent in protecting the water quality of the water body or water segment. (9) “Lower St. Johns River (LSJR)” means the main stem of the St. Johns River that flows between the mouth of the Ocklawaha River and the mouth of the St. Johns River. (10) “Measured credits” means load reductions from point sources that are used for credit trading that can be directly monitored using effluent samples. (11) “Nonpoint source” means those sources of pollutants that discharge to surface or ground water in response to rainfall events, and which are not defined as point sources and do not have a point source permit. (12) “NPDES permit” means a surface water discharge permit issued by the Department under Section 403.0885, F.S., or by the U.S. Environmental Protection Agency pursuant to the National Pollutant Discharge Elimination System (NPDES) under Section 402 of the Clean Water Act. (13) “Permit” means an authorization to discharge into surface waters issued by the Department pursuant to Chapter 403, F.S. (14) “Person” means a person as defined by Section 403.031(5), F.S. (15) “Point source” means a point source as defined by subsection 62-620.200(37), F.A.C. (16) “TMDL” means the total maximum daily load for nutrients for the LSJR adopted in subsections 62-304.415(1) and (2), F.A.C. (17) “Trading Registry” means the water quality credit database created and maintained by the Department for the purpose of registering the generation and trading of water quality credits (WQCs). (18) “Technology-Based Effluent Limitation” (TBEL) means a minimum waste treatment requirement established by the Department based on treatment technology. (19) “Uncertainty Factor” (UF) means the ratio of the estimated number of pounds or kilograms of 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 estimates of nonpoint source pollutant reductions. (20) “Water Quality Credit Trading” means the exchange of credits between point and nonpoint sources in the LSJR Basin to achieve or maintain the TMDL. (21) “WBID” means the unique waterbody that was used to divide the Lower St. Johns River Basin into water assessment polygons, as shown in LSJR BMAP Figure 1. (22) “Worst case WBIDs” means the WBIDs in the marine and freshwater portions of the river where adverse impacts due to nutrient loadings were greatest, and which controlled the maximum allowable nutrient loading to the LSJR. Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS. History–New 9-6-10. Laws implemented by this Rule: Florida Statutes § to ________________________________________________________________________
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