5M-12.007. Presumption of Compliance  


Effective on Wednesday, June 16, 2010
  • 1Pursuant to Sections 4403.067(7)(c) 5and 6576.045(4), 7(5), F.S., agricultural operations that implement BMPs, in accordance with Department rule, that have been verified by the FDEP as effective in reducing pollutants addressed by the practices are presumed to comply 39with state water quality standards, and are released from the provisions of Section 52376.307(5), F.S., 54for those pollutants.

    57(1) Except as stated in subsection (2), in order to meet the statutory requirements for a presumption of compliance with state water quality standards and release from Section 85376.307(5), F.S., 87the participant must:

    90(a) Develop a site-specific conservation plan that meets the requirements of Rule 1025M-12.004, 103F.A.C.;

    104(b) Submit an NOI to implement the plan, as outlined in Rule 1165M-12.005, 117F.A.C.;

    118(c) Implement the plan and maintain the BMPs; and,

    127(d) Comply with the record-keeping requirements in Rule 1355M-12.006, 136F.A.C.

    137(2) Presumption of compliance with state water quality standards for the areas of livestock operations subject to regulation under Chapters 62-620, 62-621 and 62-670, F.A.C., is governed by the requirements of those rules.

    170Rulemaking Authority 172403.067(7)(c)2., 173(13)(b), 174570.07(23), 175570.085, 176576.045(6) FS. 178Law Implemented 180403.067(7)(c)2., 181(13)(b), 182570.07(23), 183570.085, 184576.045(4), 185(5) FS. History–New 6-16-10.

     

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