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.

SUMMARY: The proposed rule establishes procedures for Florida citrus operations to submit a Notice of Intent (NOI) which contains agricultural water quality and quantity best management practices (BMPs) applicable to the operation covered by the NOI. Submittal of the NOI to the Florida Department of Agricultural 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 Section 376.307(5), Florida Statutes, for those pollutants addressed by the practices. The rule adopts the BMP manual and procedures for enrollment, and requires 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: The Department’s analysis of the economic impact of the rule did not trigger any of the requirements in Section 120.541(1), Florida Statutes, for preparing a Statement of Economic Regulatory Costs (SERC). As part of this analysis, the Department relied upon its 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. Additionally, no interested party submitted additional information regarding the economic impact.

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), 570.07(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 FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES 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 RULES IS:

5M-16.001 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 http://www.flrules.org/Gateway/reference.

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 Presumption of Compliance.

Pursuant to Section 403.067(7)(c)3., FS., 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), FS., for those pollutants. In order to meet the requirements for a presumption of compliance and release from Section 376.307(5), FS., the producer must:

(1) Submit a Notice of Intent to Implement, as provided in Rule 5M-16.003, F.A.C., that identifies the applicable BMPs;

(2) Implement all applicable BMPs in accordance with the timeline requirements in Rule 5M-16.003, F.A.C.; and

(3) Maintain records to document the implementation and maintenance of the identified BMPs, in accordance with Rule 5M-16.004, 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-16.003 Notice of Intent to Implement BMPs.

(1) A Notice of Intent to Implement (NOI) BMPs and the accompanying BMP Checklist, both of which are in the manual referenced in Rule 5M-16.001, 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 http://www.flrules.org/Gateway/reference.

(2) The Notice of Intent to Implement BMPs 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.

(3) Submittal of the Notice of Intent to Implement Bumps enables the producer to receive assistance with BMP implementation.

Remaking 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 Recordkeeping.

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_________.

5M-16.005 Previously submitted NOIs.

(1) In order to retain a presumption of compliance with state water quality standards:

(a) Citrus growers who, prior to the effective date of this rule, submitted an Notice of Intent to Implement Nitrogen Best Management Practices for Florida Ridge Citrus (July 23, 2002) and adopted by reference in Rule 5E-1.023, F.A.C., must:

1. Within two years of the effective date of this rule, submit a new NOI and BMP checklist in accordance with Rule 5M-16.003, F.A.C., and

2. Implement the applicable BMPs on the checklist, in accordance with Rule 5M-16.003, F.A.C.

(b) Flatwoods citrus growers who, prior to the effective date of this rule, submitted an NOI and checklist under the programs listed in subparagraphs 1., 2., or 3., below must continue to implement the applicable BMPs on the checklist, and must follow the guidelines applicable to the operation contained in Nutrition of Florida Citrus Trees, Second Edition, UF-IFAS Publication SL253 (January 2008), hereby adopted and incorporated by reference. Copies of the document may be obtained from the University of Florida Cooperative Extension Service county office or accessed online at http://www.flrules.org/Gateway/reference.

1. Water Quality/Quantity BMPs for Indian River Area Citrus Groves (January 2005), as revised by the January 2005 updates adopted by reference in Rule 5M-2.002, F.A.C.

2. Best Management Practices for Citrus Groves in the Peace River and Manasota Basins (October 2004), adopted by reference in Rule 5M-5.002, F.A.C.

3. Best Management Practices for Gulf Citrus (March 2006), adopted by reference in Rule 5M-7.002, F.A.C.

(2) Flatwoods citrus growers re-establishing inactive groves or renovating groves, who enrolled prior to the effective date of this rule, must contact FDACS for assistance in submitting a new NOI and BMP checklist pursuant to Rule 5M-16.003, F.A.C.

(3) NOIs or BMP checklists submitted on or after the effective date of this rule chapter for citrus BMP programs adopted prior to the effective date of this rule chapter will be deemed invalid.

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

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 of Agriculture and Consumer Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 6, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 17, 2012