The purpose of this proposed rule is to provide guidance for potato producers in the Tri-County Agricultural Area on the implementation of Best Management Practices contained in the 2005 Water Quality/Quantity Best Management Practices for Florida ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy

RULE NO.: RULE TITLE:
5M-4.001: Purpose
5M-4.002: Approved Interim Measure Best Management Practices
5M-4.003: Notice of Intent to Implement
5M-4.004: Presumption of Compliance
5M-4.005: Record Keeping
PURPOSE AND EFFECT: The purpose of this proposed rule is to provide guidance for potato producers in the Tri-County Agricultural Area on the implementation of Best Management Practices contained in the 2005 Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops manual.
SUMMARY: The proposed rule provides guidance for the implementation of Best Management Practices for Tri-County Agricultural Area potato producers and adopts this guidance by reference in this rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: None of the requirements in Section 120.541(1), Florida Statutes, for preparing a Statement of Economic Regulatory Costs (SERC) were triggered.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 403.067(7)(c)2., 570.07(10), 570.07(23) FS.
LAW IMPLEMENTED: 403.067(7)(c)2. FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bill Bartnick, Environmental Administrator, Office of Agricultural Water Policy, 1203 Governor Square Boulevard, Suite 200, Tallahassee, Florida 32301, [phone] or Fax [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 5M-4.001 follows. See Florida Administrative Code for present text.)

5M-4.001 Purpose.

The purpose of this rule is to provide guidance to potato operations in the Tri-County Agricultural Area (Flagler, Putnam, and St. Johns counties) that submit a Notice of Intent to implement applicable Best Management Practices contained in the 2005 Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops manual adopted in Rule 5M-8.002, F.A.C. This guidance is in addition to any other BMPs in the manual applicable to individual operations and to any requirements under Rule Chapter 5M-8, F.A.C.

Rulemaking Specific Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-16-03, Amended________.

 

(Substantial rewording of Rule 5M-4.002 follows. See Florida Administrative Code for present text.)

5M-4.002 Approved Guidance on the Implementation of Best Management Practices Approved Interim Measure Best Management Practices.

The document titled Best Management Practices for Potato Operations in the Tri-County Agricultural Area When Applying More than IFAS-Recommended Rates for Nitrogen and Phosphorus, July 18, 2011, is hereby incorporated and adopted by reference in this rule for potato operations in Flagler, Putnam, and St. Johns counties that submit a Notice of Intent to implement applicable Best Management Practices contained in the 2005 Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops manual adopted in Rule 5M-8.002, Florida Administrative Code. Copies of the incorporated document may be obtained from the Office of Agricultural Water Policy by calling [phone] or sending an email to [e-mail], or may be accessed online at http://www.flrules.org/Gateway/reference.

Rulemaking Specific Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-16-03, Amended________.

 

(Substantial rewording of Rule 5M-4.003 follows. See Florida Administrative Code for present text.)

5M-4.003 Recordkeeping Notice of Intent to Implement.

In addition to any recordkeeping requirements contained in the 2005 Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops adopted in Rule 5M-8.002, Florida Administrative Code, all participants affected by this rule must preserve sufficient documentation to confirm implementation of the practices identified for recordkeeping in Best Management Practices for Potato Operations in the Tri-County Agricultural Area when Applying More than IFAS-Recommended Rates for Nitrogen and Phosphorus, July 18, 2011. Such documentation is subject to inspection upon request, in accordance with a mutually agreed-upon time and manner.

Rulemaking Specific Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-16-03, Amended________.

 

5M-4.004 Presumption of Compliance.

Rulemaking Specific Authority 403.067(7)((c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-16-03, Repealed_________.

 

5M-4.005 Record Keeping.

Rulemaking Specific Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-16-03, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard J. Budell, Director, Office of Agricultural Water Policy
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner, Department of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 22, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 16, 2011