The purpose of this rulemaking is to revise the existing rule to allow flatwoods citrus producers outside of the Peace River Manasota Basin Area the opportunity to enroll in approved citrus best management practices.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy

Rule No. : RULE TITLE :
5M-5.002: Approved Citrus BMPs
PURPOSE AND EFFECT: The purpose of this rulemaking is to revise the existing rule to allow flatwoods citrus producers outside of the Peace River Manasota Basin Area the opportunity to enroll in approved citrus best management practices.
SUMMARY: This rulemaking establishes a procedure for flatwoods citrus producers to enroll voluntarily in the adopted Best Management Practices for Citrus Groves in the Peace River and Manasota Basin (October 2004) manual. Eligible producers can submit a Notice of Intent to implement agricultural water quality and quantity best management practices (BMPs) applicable to the operation covered by the NOI. Submittal of the NOI to the Florida Department of Agriculture and Consumer Services and implementation of identified BMPs that have been verified effective by the Florida Department of Environmental Protection provides a presumption of compliance with state water quality standards and release from the provisions of Section 376.307(5), Florida Statutes, for those pollutants addressed by the practices.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A statement of estimated regulatory cost has not been prepared by the agency.
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), (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 Governors Square Blvd., Suite 200, Tallahassee, Florida 32301, [phone] or FAX [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

BEST MANAGEMENT PRACTICES (BMPs) FOR THE PEACE RIVER MANASOTA BASIN AREA AND CITRUS GROWN IN OTHER FLATWOODS SOILS

5M-5.002 Approved Citrus BMPs.

The document titled Best Management Practices for Citrus Groves in the Peace River and Manasota Basins (October 2004) is hereby incorporated and adopted by reference in this rule for DeSoto, Hardee, Sarasota, Manatee and that part of Charlotte County within the jurisdictional boundaries of the Southwest Florida Water Management District, as well as citrus grown on flatwood soils in other counties or parts of counties that are not included in another Florida Department of Agriculture and Consumer Services, Citrus Best Management Practices manual. Copies of the document may be obtained from the Peace River Manasota Basins Citrus BMP Steering Committee, c/o Peace River Valley Citrus Growers Association, 10 East Oak Street, Suite B, Arcadia, Florida 34266, or at http://www.floridaagwaterpolicy.com/BestManagementPractices.html.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-27-05, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard J. Budell, Director, Office of Agricultural Water Policy
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner, Department of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 17, 2010