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Case Study of Potential Impacts of Florida Nutrient Rule: Legal Considerations in Achieving Compliance with Proposed Nutrient Criteria

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The Clay County Utility Authority (CCUA) is a water and wastewater utility in Northeast Florida. As part of its permitted operations, CCUA discharges some of its treated effluent to a surface water body, namely the Lower St. Johns River (LSJR). In January, 2010, the United States Environmental Protection Agency proposed a new rule that would govern the discharge of nutrients to surface waters in the state of Florida through the use of numeric standards, stated in forms of concentration for total nitrogen (TN) and total phosphorus (TP). CCUA, with its discharges to the LSJR, will fall under this new rule, if adopted. This paper presents the legal considerations surrounding compliance with the proposed nutrient criteria.

Keywords: Clay County Utility Authority; Clean Water Act; Compliance; Federal Administrative Procedure Act; Implementation; Legal; United States Environmental Protection Agency; compliance schedules; legal challenge; legal consideration; numeric nutrient; restoration water quality standards; rulemaking; site-specific criteria; use attainability analysis; variance

Document Type: Research Article


Publication date: January 1, 2011

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