5M-1.009. Best Management Practices Implementation Assistance  


Effective on Wednesday, October 30, 2024
  • 1(1) The Department will provide implementation assistance to Enrollees as follows:

    12(a) If the implementation verification site visit described in subsection 5M-1.008(1), F.A.C., indicates that an Enrollee has not achieved proper implementation of Applicable BMPs, the Department will work in cooperation with the Enrollee to identify corrective measures to be taken as soon as practicable to achieve proper implementation of Applicable BMPs. The identification of corrective measures will include the setting of expectations and the time required to complete them. If the Enrollee is not the Landowner, the Landowner will be notified that corrective measures have been identified for the Producer’s implementation.

    103(b) If the Enrollee does not fully implement the identified corrective measures within the established timeframe, the Department will issue the Enrollee a letter of non-compliance identifying remedial measures to be taken by the Enrollee and, if necessary, the Landowner to achieve proper implementation of Applicable BMPs. The identification of remedial measures will include setting of expectations and the time required to complete them. An Enrollee that fails to implement the identified remedial measures will be subject to subsection (2).

    183(c) Department representatives will verify the completion of corrective or remedial measures within the established timeframes. In no case shall the overall timeframe for completion of corrective and remedial measures extend beyond the date of the next implementation verification site visit.

    224(d) An Enrollee that does not cooperate with the Department to identify or implement corrective or remedial measures will be subject to subsection (2).

    248(2) The Department will notify DEP after the date of scheduled completion of remedial measures identified pursuant to paragraph (1)(b), of any Enrollee that refuses or fails to properly implement Applicable BMPs.

    280Rulemaking Authority 282403.067(7)(c)2., 283403.067(7)(d)2.c., 284570.07(10), 285570.07(23) FS. 287Law Implemented 289403.067(7)(c)2., 290403.067(7)(d)2.c., 291403.067(7)(d)3. FS. 293History‒New 11-1-17, Amended 9-12-21, 10-30-24.