The purpose of this rule is to effect agricultural nonpoint source pollutant reduction in Florida through the implementation of conservation plans on specified operations to ensure that agricultural discharges have minimal individual or cumulative ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy

RULE NO: RULE TITLE
5M-12.001: Purpose
5M-12.002: Definitions
5M-12.003: Eligible Agricultural Operations
5M-12.004: Plan Development and Revision
5M-12.005: Notice of Intent to Implement
5M-12.006: BMP Record Keeping
5M-12.007: Presumption of Compliance
5M-12.008: Access to Properties
PURPOSE AND EFFECT: The purpose of this rule is to effect agricultural nonpoint source pollutant reduction in Florida through the implementation of conservation plans on specified operations to ensure that agricultural discharges have minimal individual or cumulative adverse impacts to state water resources.
SUMMARY: This rulemaking establishes a procedure for specified agricultural operations to submit a Notice of Intent to implement a conservation plan, 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 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 Section 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: 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., (13)(b), 570.07(23), 570.085 FS.
LAW IMPLEMENTED: 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 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 Governors Square Blvd., Suite 200, Tallahassee, Florida 32301, [phone] or FAX [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

CONSERVATION PLANS FOR SPECIFIED AGRICULTURAL OPERATIONS

5M-12.001 Purpose.

The purpose of this rule is to effect, under incentive-based programs, agricultural nonpoint source pollutant reduction in Florida through the implementation of approved conservation plans containing best management practices (BMPs) that have been verified to be effective by the Florida Department of Environmental Protection (FDEP).

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New_______.

 

5M-12.002 Definitions.

(1) “Conservation plan” means a record of the decisions and supporting information for treatment of a unit of land or water, which meets the requirements of Rule 5M-12.004, F.A.C.

(2) “Department” means the Florida Department of Agriculture and Consumer Services.

(3) “Land use” means the producer’s intended use of the land for agricultural purposes.

(4) “Technical service provider” means an individual or entity certified by the United States Department of Agriculture Natural Resources Conservation Service (USDA/NRCS) and placed on its approved list to provide technical services to program participants.

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New________.

 

5M-12.003 Eligible Agricultural Operations.

The following operations may develop and implement site-specific conservation plans, as provided in this rule, to ensure that agricultural discharges have minimal individual or cumulative adverse impacts to the water resources of the state:

(1) Commercial livestock operations.

(2) Operations conducting multiple agricultural land uses on properties within the same county or on contiguous properties that cross county boundaries.

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New________.

 

5M-12.004 Plan Development and Revision.

(1) The conservation plan shall be developed in accordance with the USDA/NRCS National Planning Procedures Handbook Amendment 4, December 2006 (hereby adopted and incorporated by reference), and shall be consistent with quality criteria for soil, water quality, and water quantity contained in Section III A of the USDA/NRCS Field Office Technical Guide (FOTG), April 2005 (hereby adopted and incorporated by reference). These documents may be obtained from USDA/NRCS, P. O. Box 141510, 2614 N.W. 43rd St., Gainesville, FL 32614-1510, or accessed online at: http://www.floridaagwaterpolicy.com/bestmanagementpractice s.html http://www.nrcs.usda.gov/Technical/efotg/.

(2) The conservation plan shall identify:

(a) As listed in Section III B of the FOTG, March 2005 (hereby adopted and incorporated by reference), all the essential conservation practices for the identified land uses on the operation, and the applicable facilitating conservation practices that support quality criteria for soil, water quality, and water quantity contained in Section III A of the USDA/NRCS FOTG, April 2005. Section III B of the FOTG, March 2005, may be obtained from USDA/NRCS, P. O. Box 141510, 2614 N.W. 43rd St., Gainesville, FL 32614-1510, or accessed online at: http://www.nrcs.usda.gov/Technical/efotg/ or http://www.floridaagwaterpolicy.combestmanagementpractices.html.

(b) All applicable BMPs contained in Department-adopted manuals relevant to the operation. The producer shall complete and include in the plan the BMP checklists from the relevant manuals;

(c) The schedule of operations and activities needed to address all identified soil and water quality and water quantity issues, which provides for implementing:

1. As soon as practicable within one year of Notice of Intent (NOI) submittal, the applicable non-structural nutrient and irrigation management practices.

2. As soon as practicable within two years of NOI submittal, the remaining applicable practices, except for practices that require more time to implement, as specified in the plan.

(d) All applicable record-keeping requirements, including the relevant requirements in Rule 5M-12.006, F.A.C.; and

(e) The date of plan completion or revision.

(3) The plan shall be approved by USDA/NRCS or certified by a Technical Service Provider that it incorporates the relevant FOTG criteria and practices referenced in subsections (1) and (2).

(4) The plan shall be reviewed at least every five years, and updated as necessary to continue to meet the requirements of this rule. If the Department adopts or revises any BMP manuals relevant to the operation subsequent to plan completion, the producer shall incorporate any additional applicable BMPs into the plan.

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New________.

 

5M-12.005 Notice of Intent to Implement.

To enroll in the BMP program, the participant must submit an Notice of Intent to Implement (NOI) to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 1203 Governors Square Boulevard, Suite 200, Tallahassee, Florida 32301. The Notice of Intent to Implement Conservation Plans for Specified Agricultural Operations (DACS-01539, Rev. 01/10), hereby adopted and incorporated by reference, may be obtained from the Office of Agricultural Water Policy or accessed online at http://www.floridaagwaterpolicy.com/. The Notice of Intent shall include:

(1) The name of the property owner, the location of the property, and the property tax ID number(s);

(2) The acreage of each agricultural land use on which the identified practices will be implemented;

(3) Contact name and information;

(4) The signature of the owner, leaseholder, or authorized agent; and

(5) A copy of the completed conservation plan. Once submitted to the Department with the NOI, the completed conservation plan is a public document, and shall be made available by the Department upon request, except for plan content that is confidential pursuant to Section 403.067(7)(c)5., F.S.

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New________.

 

5M-12.006 BMP Record Keeping.

Participants must preserve documentation to confirm implementation and maintenance of the BMPs contained in the conservation plan submitted with the NOI. All documentation is subject to inspection. Record keeping shall include:

(1) As applicable to the operation, documentation specified in the USDA/NRCS FOTG.

(2) Records specified for any applicable BMPs in Department-adopted manuals relevant to the operation.

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New________.

 

5M-12.007 Presumption of Compliance.

Pursuant to Sections 403.067(7)(c), and 576.045(4) and (5), F.S., agricultural operations that implement BMPs, in accordance with Department rule, that have been verified by the FDEP 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.

(1) Except as stated in subsection (2), in order to meet the statutory requirements for a presumption of compliance with state water quality standards and release from Section 376.307(5), F.S., the participant must:

(a) Develop a site-specific conservation plan that meets the requirements of Rule 5M-12.004, F.A.C.;

(b) Submit an NOI to implement the plan, as outlined in Rule 5M-12.005, F.A.C.;

(c) Implement the plan and maintain the BMPs; and

(d) Comply with the record-keeping requirements in Rule 5M-12.006, F.A.C.

(2) Presumption of compliance with state water quality standards for the areas of livestock operations subject to regulation under Chapters 62-620, 62-621, and 62-670, F.A.C., is governed by the requirements of those rules.

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085, 576.045(6) FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085, 576.045(4), (5) FS. History–New________.

 

5M-12.008 Access to Properties.

Producers who implement BMPs under this rule shall allow the Department, or the Department in conjunction with FDEP, the applicable water management district or USDA/NRCS representatives, access to the property to confirm implementation, operation, and maintenance of BMPs. Advance notice of inspections shall be provided to the landowner, and the inspection shall be scheduled at a mutually agreeable time.

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 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: Charles H. Bronson, Commissioner, Department of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 25, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 5, 2010