5M-1.009. Best Management Practices Implementation Assistance  


Effective on Sunday, September 12, 2021
  • 1(1) 2The Department will provide implementation assistance to Enrolled Producers or Landowners as 14follows:

    15(a) 16If the implementation verification site visit described in subsection 5M-1.008(1), F.A.C., indicates that an 30Enrolled Producer or Landowner has not achieved proper implementation of Applicable BMPs, the Department will work in cooperation with the Producer or Landowner 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 Producer is not the Landowner, the Landowner will be notified that corrective measures have been identified for the Producer’s implementation.

    111(b) 112If 113the 114Producer 115does 116not 117fully 118implement 119the 120identified 121corrective 122measures within the established timeframe, 127the 128Department 129will 130issue a letter of non-compliance identifying 136remedial measures to be taken by the Producer 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. A Producer or Landowner that fails to implement the identified remedial measures will be subject to subsection (2).

    191(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.

    232(d) 233A Producer or Landowner that does not cooperate with the Department to identify or implement corrective or 250remedial measures will be subject to subsection (2).

    258(2) 259The 260Department 261will 262notify 263DEP 264within 60 days after the date of scheduled completion of remedial measures identified pursuant to paragraph (1)(b), 281of 282any 283Enrolled 284Producer 285or 286Landowner 287that 288refuses 289or 290fails 291to 292properly 293implement Applicable BMPs.

    296(3) 297Producers and Landowners in a BMAP area are required by Section 308403.067, F.S., 310to implement 312agricultural BMPs or other management strategies. The Department will provide Producers and Landowners in a BMAP area the opportunity to enroll and implement BMPs and will notify DEP of any Producers and Landowners that do not enroll in accordance with Department rules.

    354Rulemaking Authority 356403.067(7)(c)2., 357403.067(7)(d)2.c., 358403.067(7)(d)3., 359570.07(10), 360570.07(23) FS. 362Law Im364plemented 365403.067(7)(d)2.c., 366403.067(7)(d)3. 367FS. 368History‒New 11-1-17, Amended 9-12-21.