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....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy

RULE NO.: RULE TITLE:
5M-16.001: Approved Best Management Practices
5M-16.002: Presumption of Compliance
5M-16.003: Notice of Intent to Implement BMPs
5M-16.004: Recordkeeping
5M-16.005: Previously submitted NOIs

PURPOSE AND EFFECT: 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. The effect will be the adoption of Best Management Practices for the Florida citrus industry.

SUBJECT AREA TO BE ADDRESSED: The proposed rule will address the implementation of Best Management Practices for the Florida citrus industry.

RULEMAKING AUTHORITY: 403.067(7)(c)2., 570.07(10), 570.07(23) FS.
LAW IMPLEMENTED: 403.067(7)(c)2. FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Mr. Bill Bartnick, 1203 Governor Square Boulevard, Suite 200, Tallahassee, Florida 32301, [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5M-16.001 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.

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 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 [Dept of State Link].

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-16.003 Presumption of Compliance with State Water Quality Standards.

Pursuant to Section 403.067(7)(c)3., F.S., agricultural operations that implement BMPs, in accordance with FDACS rules, that have been verified by the Florida Department of Environmental Protection as effective in reducing pollutants addressed by the practices are presumed to comply with state water quality standards, and are released from the provisions of Section 376.307(5), F.S., for those pollutants. In order to meet the requirements for a presumption of compliance and release from Section 376.307(5), F.S., the producer must:

(1) Submit a Notice of Intent to Implement, as provided in Rule 5M-16.004, F.A.C., that identifies the applicable BMPs;

(2) Implement all applicable BMPs in accordance with the timeline requirements in Rule 5M-16.004, F.A.C.; and

(3) Maintain records to document the implementation and maintenance of the identified BMPs, in accordance with Rule 5M-16.005, F.A.C.

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-16.004 Notice of Intent to Implement BMPs.

A Notice of Intent to Implement (NOI) BMPs and the accompanying BMP Checklist, both of which are in the manual referenced in Rule 5M-16.002, F.A.C., shall be submitted to the FDACS Office of Agricultural Water Policy, 1203 Governor Square Boulevard, Suite 200, Tallahassee, Florida 32301. The Notice of Intent to Implement Water Quality/Quantity Best Management Practices for Florida Citrus (DACS-01598, Rev. 05/12), hereby adopted and incorporated by reference, may be obtained from FDACS or accessed online at [Dept of State link].

(1) The NOI shall include:

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

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

(c) The name and contact information of a person to contact;

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

(e) A BMP Checklist with a schedule for implementation, as contained in the manual. The producer shall select the applicable BMPs by following the instructions in the manual. Except as provided in the manual, all applicable BMPs must be implemented as soon as practicable, but no later than 18 months after submittal of the NOI.

(2) Submittal of the NOI enables the producer to receive assistance with BMP implementation.

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-16.005 BMP Record Keeping.

BMP participants must keep records, as directed in the manual, to document the implementation and maintenance of the practices submitted to FDACS pursuant to this rule. These records are subject to inspection upon request, in accordance with a mutually agreed upon time and manner, and must be retained for a period of at least five years.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New_________.