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Florida Administrative Code (Last Updated: October 28, 2024) |
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5. Department of Agriculture and Consumer Services |
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5M. Division of Agricultural Water Policy |
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5M-8. Best Management Practices for Florida Vegetable and Agronomic Crop Operations |
1Pursuant to Section 4403.067(7)(c)3., F.S., 6implementation of best management practices (BMPs), in accordance with this rule chapter, that have been verified by the Florida Department of Environmental Protection as effective in reducing pollutants addressed by the practices, provides a 40presumption of compliance with state water quality standards and release from the provisions of Section 55376.307(5), F.S., 57for those pollutants. In order to qualify for a presumption of compliance and release from Section 73376.307(5), F.S., 75the applicant must:
78(1) Submit the Notice of Intent to Implement:
86(a) As provided in Rule 915M-8.004, 92F.A.C., that identifies the applicable BMPs, or
99(b) If the property is located in the Everglades Agricultural Area or C-139 and Western Basins Area, submit the Notice of Intent to Implement as provided in Rule 1275M-8.005, 128F.A.C.;
129(2) Implement all applicable BMPs in accordance with the requirements in Rules 1415M-8.004 142or 1435M-8.005, 144F.A.C.;
145(3) Implement all applicable BMPs no later than 18 months after submittal of the NOI; 160and,
161(4) Maintain documentation, in accordance with Rule 1685M-8.006, 169F.A.C., to verify the implementation and maintenance of the identified BMPs.
180(5) The presumption of compliance applies only to phosphorus and nitrogen for producers within the Everglades Agricultural Area or C-139 and Western Basins Area.
204Rulemaking Authority 206403.067(7)(c)2., 207570.07(10), 208(23) FS. Law Implemented 212403.067(7)(c)2. FS. 214History–New 2-8-06, Amended 10-7-15.
