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.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy

RULE NO: RULE TITLE
5M-9.001: Purpose
5M-9.002: Approved BMPs
5M-9.003: Presumption of Compliance
5M-9.004: Notice of Intent to Implement
5M-9.005: 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 rule establishes a procedure for submitting a “Notice of Intent to Implement,” that, when filed with the Florida Department of Agriculture and Consumer Services (FDACS) and implemented, provides a presumption of compliance with state water quality standards for those pollutants addressed by the practices. Once filed with FDACS, the Notice of Intent shall enable the applicant to apply for assistance with implementation as identified in Section 403.067, F.S. This rule also provides that records maintained by the applicant are preserved and subject to periodic inspection.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 403.067(7)(c)2. 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bill Bartnick, Environmental Administrator, Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301, [phone] or FAX [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

BEST MANAGEMENT PRACTICES FOR FLORIDA SOD

5M-9.001 Purpose.

The purpose of this rule is to effect pollutant reduction through the implementation of non-regulatory and incentive-based programs that 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-9.002 Approved Best Management Practices.

The manual titled Water Quality/Quantity Best Management Practices for Florida Sod (Edition 2008) is hereby incorporated and adopted by reference in this rule for participating sod growers statewide. Copies of the document 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’s Square Boulevard, Suite 200, Tallahassee, Florida 32301.

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

 

5M-9.003 Presumption of Compliance.

Pursuant to Section 403.067(7)(c)3., F.S., implementation of the best management practices (BMPs) which have been verified by the Florida Department of Environmental Protection as effective in reducing target pollutants 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 obtain the presumption of compliance and release from Section 376.307(5), F.S., the applicant must:

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

(2) Submit a Notice of Intent to Implement, as outlined in Rule 5M-9.004, F.A.C., that identifies the BMPs that are applicable to the subject properties;

(3) Implement all applicable BMPs in accordance with the timeline identified in the Notice of Intent to Implement; and

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

Specific Authority 403.067(7)(c)3. FS. Law Implemented 403.067(7)(c)3. FS. History–New_______.

 

5M-9.004 Notice of Intent to Implement.

A Notice of Intent to Implement BMPs, and accompanying checklist, both of which are in the Appendix of the manual referenced in Rule 5M-9.002, F.A.C., shall be submitted to the FDACS, Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301. The checklist identifies the applicable BMPs the applicant intends to implement, and includes an associated timeline for implementation.

(1) The Notice of Intent shall include:

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

(b) The acreage on which BMPs will be implemented;

(c) The name and contact information of an authorized representative; and

(d) The signature of the owner, lease holder, or an authorized agent.

(2) Once filed, the Notice of Intent to Implement shall enable the applicant to apply for assistance with implementation.

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

 

5M-9.005 Record Keeping.

All participants must preserve sufficient documentation to confirm implementation of the practices identified in the Notice of Intent to Implement. All documentation is subject to 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: Lois T. Pride, Assistant Director, Office of Agricultural Water Policy
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard J. Budell, Director, Office of Agricultural Water Policy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 1, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 4, 2008