Purpose, Approved Best Management Practices BMPs, Presumption of Compliance, Notice of Intent to Implement, Record Keeping, Implementation Verification
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5I-6.001Purpose
5I-6.002Approved Best Management Practices BMPs
5I-6.003Presumption of Compliance
5I-6.004Notice of Intent to Implement
5I-6.005Record Keeping
5I-6.006Implementation Verification
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 154, August 9, 2017 issue of the Florida Administrative Register.
5I-6.001 Purpose.
No change.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Repromulgated 3-17-10, Repeal .
5I-6.002 Approved Best Management Practices (BMPs).
The document titled Best Management Practices for Silviculture (DACS-P-01284, Revised 2008) is hereby incorporated and adopted by reference in this rule. Copies of the document may be obtained from the Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850) 681-5943 or Fax (850) 681-5801 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-####.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Amended 3-17-10, .
5I-6.003 Presumption of Compliance.
No change.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Amended 3-17-10, 8-5-10, .
5I-6.004 Notice of Intent to Implement.
No change.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Amended 3-17-10, 8-5-10, .
5I-6.005 Record Keeping.
No change.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Repromulgated 3-17-10, Amended .
5I-6.006 Implementation Verification
(1) No change
(2) No change
(3) The Department will provide implementation assistance to Enrolled Practitioners as follows:
(a) If the implementation status assessment described in subsection (2) indicates that an Enrolled Practitioner has not achieved full implementation of Applicable BMPs, the Department will work in cooperation with the Practitioner to identify corrective measures for the Practitioner’s implementation. If the Practitioner is not the Landowner, the Landowner will be notified that corrective measures have been identified for the Practitioner’s implementation.
(b) If the Practitioner does not implement the identified corrective measures, the Department will work in cooperation with the Practitioner and Landowner, if the Practitioner is not the Landowner, to identify remedial measures to be taken by the Practitioner and, if necessary, the Landowner to achieve full implementation of Applicable BMPs. A Practitioner or Landowner that fails to implement the identified remedial measures will be subject to subsection (4).
(c) A Practitioner or Landowner that does not cooperate with the Department to identify corrective or remedial measures is subject to subsection (4).
(4) The Department will notify DEP within 60 days after the date of scheduled completion of remedial measures identified pursuant to paragraph (3)(b) of any Practitioner or Landowner that refuses or fails to implement Applicable BMPs.
Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23), F.S. Law Implemented 403.067(7)(d)2.c., F.S. History‒New ____________.
