The purpose of this rule is to effect agricultural nonpoint source pollutant reduction in Florida through the implementation of Best Management Practices to ensure that agricultural discharges have minimal individual or cumulative adverse impacts to ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NOS.:RULE TITLES:

5M-6.001Purpose

5M-6.002Approved BMPS

5M-6.003Presumption of Compliance

5M-6.004Notice of Intent to Implement

5M-6.005Record Keeping

5M-6.006Previously Submitted Notices of Intent to Implement

PURPOSE AND EFFECT: The purpose of this rule is to effect agricultural nonpoint source pollutant reduction in Florida through the implementation of Best Management Practices to ensure that agricultural discharges have minimal individual or cumulative adverse impacts to state water resources.

SUMMARY: This rule deletes Rule 5M-6.001 (Purpose) which is superfluous, and revises existing rules to establish a procedure for Florida nursery operations to submit a Notice of Intent (NOI) which contains water quality and quantity Best Management Practices (BMPs) applicable to their operation. 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 s. 376.307(5), Florida Statutes, for those pollutants addressed by the practices. This rulemaking also provides that records maintained by the participant confirming the implementation of BMPs are subject to inspection.

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: 1) none of the requirements in Section 120.541(1), Florida Statutes, for preparing a Statement of Economic Regulatory Costs (SERC) were triggered and 2) based on past experiences with voluntary Best Management Practices implementation activities and costs, if any, they would not exceed the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), Florida Statutes.

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 FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bill Bartnick, Environmental Administrator, Office of Agricultural Water Policy, 1203 Governor Square Blvd., Suite 200, Tallahassee, Florida 32301, [phone] or FAX: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-6.001Purpose

5M-6.0015M-6.002Approved BMPS

5M-6.0025M-6.003Presumption of Compliance

5M-6.0035M-6.004Notice of Intent to Implement

5M-6.0045M-6.005Record Keeping

5M-6.0055M-6.006Previously Submitted Notices of Intent to Implement

5M-6.001 Purpose.

Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 8-2-07, Repealed.

 

5M-6.001 5M-6.002 Approved BMPs.

The manual titled Water Quality/Quantity Best Management Practices for Florida Container Nurseries (Edition 2014 2007, DACS-P-01267) is hereby incorporated and adopted by reference in this rule for participating nursery growers statewide. Copies of the document may be obtained from the University of Florida Cooperative County Extension Service county offices or from the Florida Department of Agriculture and Consumer Services (FDACS) Office of Agricultural Water Policy, 1203 Governor’s Square Blvd., Suite 200, Tallahassee, FL 32301 or accessed online at http://www.flrules.org/Gateway/reference.

Rulemaking Authority 403.067(7)(c)2. FS., 570.07(10) and (23), FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 8-2-07;_______.

 

5M-6.002 5M-6.003 Presumption of Compliance.

Pursuant to Section 403.067(7)(c)3., F.S., implementation of best management practices (BMPs), in accordance with FDACS rules, that which have been verified by the Florida Department of Environmental Protection as effective in reducing target pollutants addressed by the practices  provides a presumption of compliance with state water quality standards and release from the provisions of Section 376.307(5), F.S., for those target pollutants addressed by the practices. In order to qualify for a obtain the presumption of compliance and release from Section 376.307(5), F.S., the applicant must:

(1) Conduct a comprehensive assessment of the subject properties, as provided in the manual, to determine which BMPs are applicable;

(1) (2) Submit a Notice of Intent to Implement, as provided outlined in Rule 5M-6.003 5M-6.004, F.A.C., that identifies the applicable BMPs applicable to the subject properties;

(2) (3) Implement all applicable BMPs in accordance with the timeline requirements in Rule 5M-6.003, F.A.C. identified in the Notice of Intent to Implement; and,

(3) (4) Maintain documentation to verify the implementation and maintenance of the identified BMPs.

Rulemaking Authority 403.067(7)(c)2. FS., 570.07(10) and (23), FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 8-2-07; _______.

 

5M-6.003 5M-6.004 Notice of Intent to Implement.

(1) A Notice of Intent (NOI) to Implement applicable BMPs and the accompanying BMP checklist, both of which are in the Water Quality/Quantity Best Management Practices for Florida Nurseries (Edition 2014, DACS-P-01267), hereby incorporated and adopted by reference, shall be submitted to FDACS, Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301. The NOI to Implement Water Quality/Quantity Best Management Practices for Florida Nurseries (DACS-01349, Rev. 11/13), hereby adopted and incorporated by reference, may be obtained from FDACS or accessed online at http://www.flrules.org/Gateway/reference.

(2) (1) The NOI Such Notice of Intent shall include:

(a) The practices the applicant will implement, which the applicant shall identify as provided in the manual. The identified practices shall include the nutrient management practices listed in the manual that are applicable to the operation covered by the Notice of Intent. These nutrient management practices shall be initiated as soon as practicable after submittal of the Notice of Intent;

(a) (b) The name of the property owner, the location of the property, and the property tax ID number(s), and any or other pertinent property identification information;

(c) A timeline for implementation of each practice identified;

(b) (d) The amount of gross acreage on which BMPs each practice will be implemented;

(c) (e) The name and contact information of a person to contact; an authorized representative; and

(d) (f) The signature of the owner, lease holder, or an authorized agent; and,

(e) A BMP checklist with a schedule for implementation, as contained in the Water Quality/Quantity Best Management Practices for Florida Nurseries (Edition 2014 , DACS-P-01267), hereby incorporated and adopted by reference.  The applicant shall select the applicable BMPs by following the instructions in this document.  All applicable BMPs must be implemented as soon as practicable, but no later than 18 months after submittal of the NOI.

(3) (2) Once the NOI is filed, the Notice of Intent to Implement shall enable the applicant is eligible to apply for cost-share assistance with implementation.

Rulemaking Authority 403.067(7)(c)2. FS., 570.07(10) and (23), FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 8-2-07;_______.

 

5M-6.004 5M-6.005 Record Keeping.

BMP All participants must keep records for a period of at least five years preserve sufficient documentation to document confirm implementation and maintenance of the practices identified in the NOI. Notice of Intent to Implement. All documentation is subject to inspection.

Rulemaking Authority 403.067(7)(c)2. FS., 570.07(10) and (23), FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 8-2-07;_______.

 

5M-6.005 5M-6.006 Previously Submitted Notices of Intent to Implement.

In order to retain a presumption of compliance with state water quality standards, Nnursery growers who have submitted an NOI and BMP checklist Notice of Intent to Implement for the Water Quality/Quantity Best Management Practices for Florida Container Nurseriesy BMP Guide (Edition 2007, DACS-P-01267March 2006) and implement and document the identified BMPs and any additional or revised applicable BMPs under this rule, are deemed to meet the requirements of the rule. prior to the effective date of this rule must either:

(1) Submit a new NOI and BMP checklist and implement the identified BMPs, pursuant to Rules 5M-6.001, F.A.C., through 5M-6.004, F.A.C., or

(2) Continue to implement and maintain records on the BMPs identified on the BMP checklist previously submitted and, within 18 months of the effective date of this rule, implement the practices listed below that are applicable to the operation, if any, and maintain documentation:

(a) BMP 1A.2.13Watering station practices.

(b) BMP 2.1.1Wetland buffers.

(c) BMP 2.4.2Annual inspection of wellheads.

Rulemaking Authority 403.067(7)(c)2. F.S., 570.07(10) and (23), FS. Law Implemented 403.067(7)(c)2. FS. History–New 8-2-07;_______.

 

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: March 6, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 26, 2013