The purpose of this rule is to effect pollutant reduction through the implementation of non-regulatory and incentive based programs which may be determined to have minimal individual or cumulative adverse impacts to the water resources of the state.

Office of Agricultural Water Policy

RULE CHAPTER NO.: RULE CHAPTER TITLE:

5M-7 Best Management Practices for Gulf Citrus

RULE NOS.: RULE TITLES:

5M-7.001 Purpose

5M-7.002 Approved BMPs

5M-7.003 Presumption of Compliance

5M-7.004 Notice of Intent to Implement

5M-7.005 Record Keeping

PURPOSE AND EFFECT: The purpose of this rule is to effect pollutant reduction through the implementation of non-regulatory and incentive based programs which may be determined to have minimal individual or cumulative adverse impacts to the water resources of the state.

SUMMARY: The purpose of Rule 5M-7 is to effect pollutant reduction through the implementation of non- regulatory and incentive based programs which may be determined to have minimal individual or cumulative adverse impacts to the water resources of the state. Rule 5M-7 references the document titled Best Management Practices for Gulf Citrus, which provides details on the practices which will be used to achieve the purpose. The manual, which may be obtained from the FDACS Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301, (850)488- 6249, lists approved BMPs for the Gulf Citrus growing region of Florida.

Citrus growers wishing to participate in the program will file a Notice of Intent to Implement (NOI), and will agree to confirm implementation by preserving documentation sufficient for the purpose. Upon implementation of BMP practices, growers will be granted a presumption of compliance.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No statement of estimated regulatory cost has been prepared. Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so within 21 days of this notice.

SPECIFIC AUTHORITY: 403.67(7)(c)2 FS.

LAW IMPLEMENTED: 403.67(7)(c)2 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 17, 2006, 10:00a.m.–11:30a.m.

PLACE: Florida Department of Agriculture and Consumer Services, Eyster Auditorium, Conner Building, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Ken Kuhl: FDACS Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-7.001 Purpose.

The purpose of this rule is to effect pollutant reduction through the implementation of non-regulatory and incentive based programs which may be determined to have minimal individual or cumulative adverse impacts to the water resources of the state.

Specific Authority 403.067(7)(c)2 FS. Law Implemented 403.067(7)(c)2 FS. History–New.

 

5M-7.002 Approved BMPS.

The document titled Best Management Practices for Gulf Citrus is hereby adopted by reference in this rule for the area contained within the Gulf Citrus growing region of Florida. Copies of the document may be obtained from the FDACS Office of Agricultural Water Policy, 1203 Governor’s Square Blvd. Suite 200, Tallahassee, FL, 32301 [phone].

Specific Authority 403.067(7)(c)2 FS. Law Implemented 403.067(7)(c)2 FS. History–New.

 

5M-7.003 Presumption of Compliance.

In order to obtain the presumption of compliance with state water quality standards and release from the provisions of 376.307 (5), F.S. for those pollutants addressed by the practices the applicant must:

(1) Conduct an assessment of the subject properties using the Gulf Citrus BMP Checklist.

(2) Submit a Notice of Intent to Implement as outlined in Rule 5M-7.004, F.A.C.

(3) Implement the non-regulatory and incentive-based programs identified as a result of the assessment of the subject properties and listed in the Notice of Intent to Implement.

(4) Maintain documentation to verify the implementation and maintenance of the non-regulatory and incentive-based programs.

Specific Authority 403.067(7)(c)2 FS. Law Implemented 403.067(7)(c)2 FS. History–New.

 

5M-7.004 Notice of Intent to Implement.

A Notice of Intent to Implement best management practices shall be submitted to FDACS, Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301.

(1) Such notice shall identify practices the applicant will implement. The notice shall also include: the name of the property owner; the location of the grove(s); the property tax ID number(s); a timeline for implementation; the gross acreage on which each practice will be implemented; the name and contact information of an authorized representative; and the signature of the owner, lease holder, or an authorized agent.

(2) Once filed with FDACS, the Notice of Intent to Implement shall enable the applicant to apply for assistance with implementation as identified in s. 403.067 (7) (c) 2, F.S.

Specific Authority 403.067(7)(c)2 FS. Law Implemented 403.067(7)(c)2 FS. History–New.

 

5M-7.005 Record Keeping.

All participants must preserve sufficient documentation to confirm implementation of the non-regulatory and incentive based programs identified in the Notice of Intent to Implement. All documentation is subject to FDACS inspection.

Specific Authority 403.067(7)(c)2, FS. Law Implemented 403.067(7)(c)2, FS. History–New.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Ken Kuhl: FDACS Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301, [phone]

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Rich Budell: FDACS Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301, [phone]

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 29, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 20, 2005