5M-3.004. Land Application of Animal Wastes  


Effective on Monday, August 15, 2011
  • 1(1) Animal feeding operations or concentrated animal feeding operations subject to the permitting requirements in rule Chapter 62-670, F.A.C., are not affected by this section.

    26(2) Except as provided in subsection (1), agricultural operations that land-apply animal manure within the Northern Everglades shall:

    44(a) Apply manure uniformly at a phosphorous-based rate, as determined by soil and/or plant tissue test results;

    61(b) Not apply manure when the soil is saturated or inundated with water;

    74(c) Not apply manure within 30 feet of any wetland, lake, stream, or estuary; and,

    89(d) Not apply manure within 100 feet of an existing drinking water well.

    102(3) In addition to meeting the requirements in subsection (2), agricultural operations that land-apply animal manure at a rate that exceeds one ton per acre per year shall:

    130(a) 131Develop and implement a nutrient management plan as defined in Rule 1425M-3.002, 143F.A.C. The nutrient management plan may be included as part of a conservation plan developed or grandfathered pursuant to Rule 1635M-3.003, 164F.A.C. The nutrient management plan shall be reviewed and updated at least every five years; and,

    180(b) Not apply manure within 50 feet of any 189wetland, lake, stream, or estuary.

    194(4) 195All agricultural operations affected by this section must document the dates of animal-manure applications and the annual application amounts, calculated on a pounds-per-acre basis for nitrogen and phosphorus, and maintain such records for a minimum of five years and make them available for inspection upon request.

    241(5) 242Nutrient management plans for the land application of animal wastes submitted to FDACS under rule Chapter 5M-3, F.A.C., prior to this rule revision are grandfathered and deemed to meet the requirements of this section. However, such plans shall be reviewed and updated pursuant to paragraph 2875M-3.004(3)(a), 288F.A.C.

    289Rulemaking Authority 291373.4595(3)(c)1.a., 2928., (4)(a)2.a., g., (b)2.a., g, 297403.067(7)(c)2., 298570.07(10), 299(23) F.S. 301Law Implemented 303373.4595(3)(c)1.a., 3048., 305373.4595(4)(a)2.a., 306g., (b)2.a., g., 309403.067(7)(c)2, F.S. 311History–312New 10-23-03, Amended 6-28-06, 8-15-11.

     

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