40C-44.021. Definitions

(1) “Agriculture,” for the purposes of this chapter, means the commercial production of crops, animals or animal products, or farm commodities including but not limited to vegetables, citrus and other fruits, grain, forage, sod, livestock, poultry, and foliage plants. Agriculture also includes horticulture and floriculture.

(2) “Agricultural Operation” means a contiguous farm, grove, ranch, nursery or similar entity owned or controlled by one or more persons, engaged in, or proposing to engage in, the practice of agriculture.

(3) “Associated Wastewater” means the flow of water which directly results from agricultural activities such as irrigation, soil flooding for pest control or soil preservation, freeze protection or pre-storm event drainage and is mixed or conveyed with stormwater in the surface water management system.

(4) “Conservation Plan” means a document, which describes a system of management practices to control and reduce soil erosion and sediment loss, and improve the quality of discharged water for a specific parcel of property, and which has been either:

(a) Prepared by the U.S. Department of Agriculture Soil Conservation Service (SCS) in conjunction with a local Soil and Water Conservation District Board, organized pursuant to chapter 582, F.S., which includes and applies the appropriate management practices consistent with the SCS Field Office Technical Guide – Section IV and the Best Management Practices Selector, incorporated by reference in Rule 40C-44.091, F.A.C., and which includes the following elements when appropriate for the proposed land use:

1. Reduction of the volume of water discharged off-site;

2. Water Table Control in Open Channels;

3. Irrigation Land Leveling;

4. Irrigation Water Management;

5. Nutrient Management Plan;

6. Pesticide Management Plan;

7. Harvesting the runoff from the agricultural site, using reservoir or canal storage already existing, proposed as part of the plan or otherwise required by permit, for uses such as freeze protection, soil flooding for pest control or soil preservation, or irrigation needs; and

8. Control of soil erosion.

(b) Prepared by a private consultant, who has professional expertise in the fields of hydrology, water pollution control, irrigation design and soil conservation, according to standards, specifications and guidelines developed by SCS. The plan must include and apply the appropriate management practices consistent with the SCS Field Office Technical Guide – Section IV and the Best Management Practices Selector, incorporated by reference in rule 40C-44.091, F.A.C., and include the following elements when appropriate for the proposed land use:

1. Reduction of the volume of water discharged off-site;

2. Water Table Control in Open Channels;

3. Irrigation Land Leveling;

4. Irrigation Water Management;

5. Nutrient Management Plan;

6. Pesticide Management Plan;

7. Appropriate harvesting of the annual stormwater runoff from the agricultural site for uses such as freeze protection, soil flooding for pest control or soil preservation, or irrigation needs;

8. Control of soil erosion; and

9. Reduction of suspended solids loading at points of discharge off-site.

(5) “Engineer” means a Professional Engineer registered in Florida, or other person exempted pursuant to the provisions of chapter 471, F.S., who is competent in the fields of hydrology and water pollution control.

(6) “Existing agricultural surface water management system” means a system which was constructed or implemented on or before the effective date of this chapter.

(7) “Hayland” means a tract of land used for forage production, which has been planted with desirable forage plant species.

(8) “Improved Pasture” means a tract of land used for livestock grazing, which has been planted with desirable forage plant species.

(9) “Littoral zone” means, in reference to stormwater management systems, that portion of a wet detention pond which is designed to contain rooted aquatic plants.

(10) “NAVD” means North American vertical datum.

(11) “Permanent Pool” means that portion of a wet detention pond, which normally holds water, between the pond bottom and control elevation, excluding any water volume claimed as treatment volume.

(12) “Stormwater” means the water which results from a rainfall event.

(13) “Surface Water Management System” or “System” means a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works, or any combinations thereof. The terms “surface water management” or “system” include dredged or filled areas.

(14) “Treatment” means any method, technique, process or management practice which changes the physical, chemical, or biological character of water and thereby reduces its potential for polluting waters of the state.

(15) “Wet detention” for the purposes of this chapter, means the collection and temporary storage of water in a normally wet impoundment in such a manner as to provide for treatment through physical, chemical, and biological processes with subsequent gradual release of the water.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.413, 373.416 FS. History–New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95, 10-1-13, 6-1-18.