The purpose of this proposed rule is to adopt agricultural Best Management Practices for agricultural operations in the Northern Everglades and to provide a mechanism for producers to enroll in the program by submitting Notices of Intent to ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy

Rule No. : RULE TITLE :
5M-3.001: Purpose
5M-3.002: Definitions
5M-3.003: Approved Best Management Practices
5M-3.004: Notice of Intent to Implement
5M-3.005: Presumption of Compliance
5M-3.006: Land Application of Animal Wastes
5M-3.007: Record Keeping
5M-3.008: Land Use Changes
5M-3.009: Preservation of Authority
PURPOSE AND EFFECT: The purpose of this proposed rule is to adopt agricultural Best Management Practices for agricultural operations in the Northern Everglades and to provide a mechanism for producers to enroll in the program by submitting Notices of Intent to Implement.
SUMMARY: The proposed rule provides requirements for agricultural operations located in the Northern Everglades as defined in Section 373.4595, Florida Statutes, to conduct Best Management Practices or monitor their water quality.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC 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: 373.4595(3)(c)1.a., (4)(a), (4)(b), 403.067(7)(c)2., 570.07(10), (23) FS.
LAW IMPLEMENTED: 373.4595(3)(c)1.a., (4)(a), (4)(b), 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 Governor Square Boulevard, Suite 200, Tallahassee, Florida 32301, [phone] or Fax [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 5M-3.001 follows. See Florida Administrative Code for present text.)

5M-3.001 Purpose.

The purpose of this rule is to effect pollutant reduction through the implementation of agricultural Best Management Practices (BMPs) that may be determined to have minimal individual or cumulative adverse impacts to the water resources of the state, including requirements for agricultural operations that land-apply animal manure.

Rulemaking Specific Authority 373.4595(3)(c)1.a., (3)(c)8., (4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., (3)(c)8., 373.4595(4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2. FS. History–New 10-23-03, Amended 6-28-06,________.

 

(Substantial rewording of Rule 5M-3.002 follows. See Florida Administrative Code for present text.)

5M-3.002 Definitions.

(1) “Animal manure” is animal excrement or animal waste and any mixed materials, including bedding, compost, yard waste, or other raw materials.

(2) “Northern Everglades” means the Lake Okeechobee Watershed, the Caloosahatchee River Watershed, and the St. Lucie River Watershed, as defined in Section 373.4595(2), F.S.

(3) “Notice of Intent (NOI)” means a form provided by the Florida Department of Agriculture and Consumer Services (FDACS) to be submitted by the producer to enroll in BMPs.

(4) “Nutrient management plan” is the documentation of an agricultural operation’s planned actions, developed in accordance with Section IV, Code 590 of United States Department of Agriculture-Natural Resources Conservation Service (NRCS) Field Office Technical Guide, FL, 2007, hereby incorporated by reference. Nutrient Management Plans specify the amount, placement, form, and timing of the application of nutrients, including manure, animal by-products, biosolids, and soil amendments. The plan must be approved by NRCS or a technical service provider. Code 590, Nutrient Management, may be viewed at DOS web portal placeholder or obtained from NRCS, P. O. Box 141510, 2614 N.W. 43rd St., Gainesville, FL 32614-1510.

(5) “Technical Service Provider” is an individual or entity certified by the NRCS to provide technical services for conservation planning.

Rulemaking Specific Authority 373.4595(3)(c)1.a., (3)(c)8., (4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., (3)(c)8., 373.4595(4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2. FS. History–New 10-23-03, Amended 6-28-06,________.

 

(Substantial rewording of Rule 5M-3.003 follows. See Florida Administrative Code for present text.)

5M-3.003 Required Approved Best Management Practices.

(1) Agricultural operations located within the Northern Everglades shall:

(a) Implement BMPs in the manual(s) adopted by FDACS under Title 5M, F.A.C., relevant to their operations, in accordance with the applicable rule(s); or

(b) As eligible under Rule 5M-12.003, F.A.C., develop and implement a conservation plan in accordance with the provisions of Rule Chapter 5M-12, F.A.C.; or

(c) Conduct water quality monitoring prescribed by the Florida Department of Environmental Protection (FDEP) or the relevant water management district in accordance with Section 403.067(7)(b)2.g., F.S., to demonstrate compliance with state water quality standards.

(2) Agricultural operations within the Northern Everglades that land-apply animal manure shall also comply with the provisions of Rule 5M-3.004, F.A.C.

(3) Plans and NOIs submitted to FDACS under Rule Chapter 5M-3, F.A.C., prior to the effective date of this rule revision are grandfathered and deemed to meet the requirements of this section. However, previously submitted conservation plans must be reviewed and updated pursuant to subsection 5M-12.004(3), F.A.C., except for those operations that have conservation plans but choose instead to implement BMPs pursuant to paragraph (1)(a).

Rulemaking Specific Authority 373.4595(3)(c)1.a., (3)(c)8., (4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., (3)(c)8., 373.4595(4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2. FS. History–New 10-23-03, Amended 6-28-06,________.

 

(Substantial rewording of Rule 5M-3.004 follows. See Florida Administrative Code for present text.)

5M-3.004 Land Application of Animal Wastes Notice of Intent to Implement.

(1) Animal feeding operations or concentrated animal feeding operations subject to the permitting requirements in Rule Chapter 62-670, F.A.C., are not affected by this section.

(2) Except as provided in subsection (1), agricultural operations that land-apply animal manure within the Northern Everglades shall:

(a) Apply manure uniformly at a phosphorous-based rate, as determined by soil and/or plant tissue test results;

(b) Not apply manure when the soil is saturated or inundated with water;

(c) Not apply manure within 30 feet of any wetland, lake, stream, or estuary; and

(d) Not apply manure within 100 feet of an existing drinking water well.

(3) In addition to meeting the requirements in subsection (2), agricultural operations that land-apply animal manure at a rate that exceeds one ton per acre per year shall:

(a) Develop and implement a nutrient management plan as defined in Rule 5M-3.002, F.A.C. The nutrient management plan may be included as part of a conservation plan developed or grandfathered pursuant to Rule 5M-3.003, F.A.C. The nutrient management plan shall be reviewed and updated at least every five years; and

(b) Not apply manure within 50 feet of any wetland, lake, stream, or estuary.

(4) All agricultural operations affected by this section must document the dates of animal-manure applications and the annual application amounts, calculated on a pounds-per-acre basis for nitrogen and phosphorus, and maintain such records for a minimum of five years and make them available for inspection upon request.

(5) Nutrient management plans for the land application of animal wastes submitted to FDACS under Rule Chapter 5M-3, F.A.C., prior to this rule revision are grandfathered and deemed to meet the requirements of this section. However, such plans shall be reviewed and updated pursuant to paragraph 5M-3.004(3)(a), F.A.C.

Rulemaking Specific Authority 373.4595(3)(c)1.a., (3)(c)8., (4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., (3)(c)8., 373.4595(4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2. FS. History–New 10-23-03, Amended 6-28-06,________.

 

(Substantial rewording of Rule 5M-3.005 follows. See Florida Administrative Code for present text.)

5M-3.005 BMP Record Keeping Presumption of Compliance.

Producers must comply with the record-keeping requirements contained in the specific rules under which they submit their NOIs. All record-keeping documentation must be maintained for a minimum of five years and be made available for inspection upon request.

Rulemaking Specific Authority 373.4595(3)(c)1.a., (3)(c)8., (4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., (3)(c)8., 373.4595(4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2. FS. History–New 10-23-03, Amended 6-28-06,________.

 

5M-3.006 Access to Properties Land Application of Animal Wastes.

Producers who implement BMPs under this rule shall allow FDACS, or FDACS in conjunction with FDEP, the applicable water management district and/or NRCS representatives, access to their property to confirm implementation, operation, and maintenance of BMPs. Advance notice of inspections shall be provided to the landowner.

Rulemaking Specific Authority 373.4595(3)(c)1.a., (3)(c)8., (4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., (3)(c)8., 373.4595(4)(a)2.a., g., (4)(b)2.a., g., 403.067(7)(c)2. FS. History–New 10-23-03, Amended 6-28-06,________.

 

5M-3.007 Record Keeping.

Rulemaking Specific Authority 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. History–New 10-23-03, Amended 6-28-06, Repealed________.

 

5M-3.008 Land Use Changes.

Rulemaking Specific Authority 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. History–New 10-23-03, Repromulgated 6-28-06, Repealed________.

 

5M-3.009 Preservation of Authority.

Rulemaking Specific Authority 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. History–New 10-23-03, Repromulgated 6-28-06, Repealed________.

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 29, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 8, 2011