Approved Best Management Practices, Presumption of Compliance, Notice of Intent to Implement BMPs, Recordkeeping, Previously submitted NOIs
RULE NOS.: RULE TITLES:
5M-16.001Approved Best Management Practices
5M-16.005Previously submitted NOIsNOTICE 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. 38, No. 35, August 31, 2012 issue of the Florida Administrative Register.
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: The Department’s analysis of the economic impact of the rule did not trigger any of the requirements in Section 120.541(1), Florida Statutes, for preparing a Statement of Economic Regulatory Costs (SERC). As part of this analysis, the Department relied upon its past experiences with voluntary Best Management Practices implementation activities and regulatory costs. , if any, they would. Based on this analysis, the proposed rules do not exceed the economic analysis criteria in a SERC set forth in Section 120.541(2)(a), Florida Statutes. Additionally, no interested party submitted additional information regarding the economic impact. 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.
Note: In response to comments made by the Joint Administrative Procedures Committee on September 24, 2012, and other comments received by the public, revisions were made to the Citrus BMP manual adopted in Rule 5M-16.001. These revisions have been made in the print-ready version using Adobe Acrobat insertion carets, strikethroughs, and comment boxes. They can be viewed by clicking on the document in the “Draft BMPs Currently Under Development” section of the website at: http://www.floridaagwaterpolicy.com/BestManagementPractices.html
5M-16.001 Approved BMPs.
The manual titled Water Quality/Quantity Best Management Practices for Florida Citrus (2012), DACS-P-01756, is hereby adopted and incorporated by reference. Copies of the manual may be obtained from the University of Florida Cooperative Extension Service county office or from the Florida Department of Agriculture and Consumer Services (FDACS), Office of Agricultural Water Policy, 1203 Governor Square Boulevard, Suite 200, Tallahassee, FL, 32301 or accessed online at http://www.flrules.org/Gateway/reference.asp. Natural Resources Conservation Service (NRCS) Practice Standard Code 390 titled Riparian Herbaceous Cover (September 2010) is hereby adopted and incorporated by reference and can be accessed online at http://www.flrules.org/Gateway/reference.asp. NRCS Code 391 titled Riparian Forest Buffer (July 2010) is hereby adopted and incorporated by reference and can be accessed online at http://www.flrules.org/Gateway/reference.asp. NRCS Code 578 titled Stream Crossing (September 2010) is hereby adopted and incorporated by reference and can be accessed online at http://www.flrules.org/Gateway/reference.asp. Copies may be obtained from the NRCS county office or from FDACS Office of Agricultural Water Policy.
Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented: 403.067(7)(c)2. FS. History–New_________.
5M-16.002 – 5M-16.004. No change.
5M-16.005 Previously Submitted NOIs.
(1) In order to retain a presumption of compliance with state water quality standards:
(a) Citrus growers who, prior to the effective date of this rule, submitted an Notice of Intent to Implement Nitrogen Best Management Practices for Florida Ridge Citrus (July 23, 2002) and adopted by reference in Rule 5E-1.023, F.A.C., must:
1. through 2. No change.
(b) through (3) No change.
Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented: 403.067(7)(c)2. FS. History–New________.
