[section]403.067(7) (b)2f requires that BMAPs address pollutant reduction for nonagricultural pollution sources that are not regulated by NPDES permits, i.e., that are nonpoint sources.
A review of the BMAPs adopted so far by DEP indicates there are three areas in which they could further reduce pollutant load, as well as more fairly and equitably address the responsibilities of those discharging into the impaired water bodies.
As noted earlier, in many of the adopted BMAPs, there is no review of compliance with existing permitted sites, no survey of possible unpermitted sites, and no analysis of the reduction in pollutant load if those sites were properly regulated.
* Make the BMAPs Enforceable Orders, Not Planning Guidelines--There is little doubt that the legislature intended BMAPs to be an enforceable document.
First, the language of the final orders adopting the BMAPs is revealing.
Fortunately, the two "Phase II" final orders adopting BMAPs have much more specific language regarding enforceability.
Until all BMAPs use the recently improved final order for adoption, and until the management strategies are more specifically described, the BMAPs are mainly helpful guidelines showing how impaired waters could be restored.
While agricultural nonpoint pollution reduction is certainly not being ignored, the BMAPs should provide additional direction regarding how this significant source of pollution will be addressed.
DEP's BMAPs, which are the mechanisms to implement the TMDLs, are making headway in organizing an approach to restoration.
(13) DEP, Water Quality Restoration, BMAPs, www.dep.state.fl.us/water/watersheds/bmap.htm.
(28) DEP, Water Quality Restoration, BMAPs, www.dep.state.fi.us/water/watersheds/bmap.htm.
The UOR BMAP identifies the present load of pollutants, in this case, total phosphorus, which the water body is receiving and then identifies the amount of load the water body can receive and still meet water quality standards (the TMDL).