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-17.001Approved Florida Dairy Best Management Practices

5M-17.002Presumption of Compliance

5M-17.003Notice of Intent to Implement

5M-17.004Record Keeping

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 establishes a procedure for Florida dairies 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: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon past experiences with developing voluntary Best Management Practices based on generally accepted industry practices. 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) and (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, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street (MS E1), Tallahassee, Florida 32399, Telephone: [phone], FAX: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-17.001 Approved Florida Dairy Best Management Practices.

The manual titled Water Quality/Quantity Best Management Practices for Florida Dairy Operations (2015 Edition), FDACS-P-02008, is hereby adopted and incorporated by reference.  Copies of the manual may be obtained from the University of Florida county extension offices or from the Florida Department of Agriculture and Consumer Services (FDACS), Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or accessed online at http://www.flrules.org/Gateway/reference.

Rulemaking Authority: 403.067(7)(c)2., 570.07(10), 570.07(23), F.S. Law Implemented: 403.067(7)(c)2., F.S. History – New .

 

5M-17.002 Presumption of Compliance.

Pursuant to Section 403.067(7)(c)3., F.S., implementation of Best Management Practices (BMPs), in accordance with this rule chapter, that have been verified by the Florida Department of Environmental Protection as effective in reducing 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 pollutants. In order to qualify for a presumption of compliance and release from Section 376.307(5), F.S., the applicant must:

(1) Submit a Notice of Intent (NOI) to Implement, as provided in Rule 5M-17.003, F.A.C., that identifies the applicable BMPs;

(2) Implement all applicable BMPs in accordance with the requirements in Rule 5M-17.003, F.A.C.;

(3) Implement all applicable Level I BMPs no later than 18 months after submittal of the NOI; and

(4) Maintain documentation, in accordance with Rule 5M-17.004, F.A.C., to verify the implementation and maintenance of the identified BMPs.

Rulemaking Authority: 403.067(7)(c)2., 570.07(10), 570.07(23), F.S. Law Implemented: 403.067(7)(c)2., F.S. History – New .

 

5M-17.003 Notice of Intent to Implement.

(1) A Notice of Intent (NOI) to Implement Water Quality/Quantity Best Management Practices for Florida Dairy Operations (FDACS-04000, 03/15), hereby adopted and incorporated by reference, shall be submitted to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399. The NOI may be obtained from FDACS or accessed online at http://www.flrules.org/Gateway/reference.

(2) A BMP checklist with a schedule for implementation, as contained in the manual incorporated in Rule 5M-17.001, F.A.C., must be submitted with the NOI. The applicant shall select the applicable BMPs by following the instructions in the manual.

(3) Once the NOI is submitted, the applicant is eligible to receive assistance with BMP implementation.

Rulemaking Authority: 403.067(7)(c)2., 570.07(10), 570.07(23), F.S. Law Implemented: 403.067(7)(c)2., F.S. History – New .

 

5M-17.004 Record Keeping.

BMP participants must keep records for a period of at least five years after they are generated to document implementation and maintenance of the practices identified in the manual incorporated by reference in Rule 5M-17.001, F.A.C., and in the Notice of Intent to Implement. All documentation is subject to inspection upon request.

Rulemaking Authority: 403.067(7)(c)2., 570.07(10), 570.07(23), F.S. Law Implemented: 403.067(7)(c)2., F.S. History – New .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Darrell Smith, Acting Director, Office of Agricultural Water Policy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 27, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 31, 2014