5E-1.023. Procedures for Landowners and Leaseholders to Submit a Notice of Intent to Implement Nitrogen Best Management Practices (BMPs)

(1) Definitions.

(a) “Interim Measures” means primarily horticultural practices consistent with the fertilizer recommendations published by the University of Florida or the Florida Agricultural and Mechanical University, or modified by the Department, to reflect public input.

(b) “Notice of Intent to Implement the Nitrogen BMPs” means a notice of intent to implement the nitrogen Interim Measures and/or BMPs, or to no longer apply fertilizers or other soil-applied nutritional materials containing nitrogen.

(c) “Ridge Citrus” means all citrus that is non-bedded and grown on permeable, better drained soils.

(d) “Permeable, Better Drained Soils” means those soils that are in a drainage class where water is removed more rapidly than in poorly drained soils, and have a permeability of six inches per hour or more, and an available water capacity of 0.10 inch per inch of soil or less, in all horizons to a depth of 80 inches or to bedrock if bedrock is within 80 inches of the surface. Permeable, better drained soils which occur in citrus producing areas of the state include soils unnamed and characteristic of quartzipsamments, and the following soil series classifications: Adamsville, Archbold, Astatula, Bahiahonda, Broward, Canaveral, Candler, Cocoa, Dade, Florahome, Fort Meade, Gainesville, Lake, Lakewood, Neilhurst, Orlando, Orsino, Palm Beach, Paola, Satellite, St. Augustine, St. Lucie, Tavares.

(2) Notice of Intent to Implement:

(a) Notice of Intent to Implement the Nitrogen BMPs and all document requests made of the department must be submitted to the Environmental Administrator, Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 1203 Governors Square Blvd., Tallahassee, Florida 32301. Proof of providing the Notice of Intent to the Department must be retained by the submitter.

(b) The Notice of Intent to Implement must contain the following information related to the implementation of the BMPs and Interim Measures: the name of the property owner, the name of the BMP or Interim Measures to be followed, the date of implementation, the name and the tax parcel identification number of the parcel or land unit upon which the practices will be implemented, the gross acreage on which said practices will be implemented, the county(s) where said parcels or land units are located, the name and contact information of an authorized representative, and the signature of the landowner(s) or leaseholder(s), or authorized representative.

(3) Future Considerations: The Department will consider requests to:

(a) Adopt Best Management Practices and Interim Measures as defined in this rule, other than those incorporated herein, in accordance with Section 576.045(3)(b), F.S., and

(b) Modify adopted Best Management Practices and Interim Measures as defined in this rule based upon submission of adequate data in accordance with Section 576.045(3)(b), F.S.

(4) Approved Nitrogen BMPs.

(a) Shadehouse Grown Leatherleaf Ferns. The BMP for the Shadehouse Grown Leatherleaf Ferns found in the University of Florida, Cooperative Extension Services, Institute of Food and Agricultural Sciences Bulletin 300 (published February 1995), “Irrigation and Nutrient Management Practices for Commercial Leatherleaf Fern Production in Florida” is hereby adopted. Copies may be obtained from Central Florida Research and Education Center, Institute of Food and Agricultural Sciences, University of Florida, 2807 Binion Road, Apopka, Florida 32707. The associated record keeping requirements specified in “Recordkeeping for the Nitrogen Best Management Practices “BMPs” for Shadehouse Grown Leatherleaf Ferns” dated 12-01-95 is also adopted. Copies are available from the Department. The foregoing documents are incorporated by reference into this rule.

(b) Citrus. The document titled Nitrogen Best Management Practices (BMPs) for Florida Ridge Citrus dated 7-23-2002, and the associated recordkeeping requirements dated 7-23-2002 are hereby adopted and incorporated by reference into this rule. Copies may be obtained from the Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 1203 Governors Square Blvd., Suite 200, Tallahassee, FL 32301. “Ridge Citrus” Growers must submit a Notice of Intent to Implement the Best Management Practices for Florida Ridge Citrus, DACS-01328, Rev. 02/10, hereby adopted and incorporated by reference, for the “waiver of liability” from the recovery of costs or damages associated with nitrate contamination of groundwater, Section 576.045(4), F.S., and the “presumption of compliance” with state nitrate groundwater quality standards, Section 576.045(5), F.S. Copies of the form may be obtained from the Department of Agriculture and Consumer Services, Office of Water Policy, 1203 Governors Square Boulevard, Suite 200, Tallahassee, Florida 32301 or from the website http://www.doacs.state.fl.us/onestop/forms/01328.pdf.

(5) Approved Nitrogen Interim Measures.

(a) Bahiagrass and Bermuda Grass. The approved “Nitrogen Interim Measure for Bahiagrass and Bermuda Grass” dated 10-31-2000, and the associated recordkeeping requirements dated 10-31-2000 are hereby adopted and incorporated by reference into this rule. Copies may be obtained from the Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 1203 Governors Square Blvd., Suite 200, Tallahassee, FL 32301.

(b) Urban turf or lawns – The document titled “Best Management Practices for Protection of Water Resources in Florida, June 2002, Florida Green Industries” published by the Florida Department of Environmental Protection is hereby adopted and incorporated by reference.

Rulemaking Authority 403.067(7)(c)2., 576.045(6) FS. Law Implemented 403.067, 576.045 FS. History–New 10-16-96, Amended 5-1-01, 10-17-02, 2-4-03, 11-21-07, 5-23-10.