The purpose of this rule amendment is to expand the geographic extent of this rule statewide and to require nutrient management in Notices of Intent to Implement for growers enrolling in Best Management Practices for Florida Container Nurseries.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy

RULE NO: RULE TITLE
5M-6.001: Purpose
5M-6.002: Approved BMPS
5M-6.003: Presumption of Compliance
5M-6.004: Notice of Intent to Implement
5M-6.005: Record Keeping
5M-6.006: Previously Submitted Notices of Intent to Implement
PURPOSE AND EFFECT: The purpose of this rule amendment is to expand the geographic extent of this rule statewide and to require nutrient management in Notices of Intent to Implement for growers enrolling in Best Management Practices for Florida Container Nurseries.
SUMMARY: The proposed rule amendment will discuss the procedures for filing a Notice of Intent which will require nutrient management as part of a Best Management Practices implementation schedule for landowners to receive a presumption of compliance with state water quality standards. 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 HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: June 28, 2007, 1:00 p.m.
PLACE: Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy Conference Room, 1203 Governor’s Square Blvd., Suite 200, Tallahassee, Florida 32301
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 CONTAINER NURSERIES FLORIDA CONTAINER NURSERY BMP GUIDE

5M-6.001 Purpose.

The purpose of this rule is to effect pollutant reduction through the implementation of non-regulatory and incentive based programs that which 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 5-31-2006, Amended________.

 

5M-6.002 Approved BMPS.

The manual document titled Water Quality/Quantity Best Management Practices for Florida Container Nurseries (Edition 2007) Florida Container Nursery BMP Guide (March 2006) is hereby incorporated and adopted by reference in this rule for participating nursery the container plant growers statewide within the boundaries of the South Florida Water Management District. 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 Blvd., Suite 200, Tallahassee, FL 32301 [phone].

Specific Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended________.

 

5M-6.003 Presumption of Compliance.

In order to obtain the presumption of compliance with state water quality standards and release from the provisions of Section 376.307(5), F.S. for those pollutants addressed by the practices the applicant must:

(1) Conduct an assessment of the subject properties using the Florida Container Nursery BMP Guide (March 2006) and the Candidate BMP Checklist.

(2) Submit a Notice of Intent to Implement as outlined in Rule 5M-6.004,  F.A.C.

(3) Implement the non-regulatory and incentive-based programs identified as a result of the assessment of the subject properties and listed in the Notice of Intent to Implement.

Pursuant to Section 403.067(7)(c)3., F.S., implementation of 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: Maintain documentation to verify the implementation and maintenance of the non-regulatory and incentive-based programs.

(1) Conduct a comprehensive 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-6.004, F.A.C., that identifies the BMPs 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)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended________.

 

5M-6.004 Notice of Intent to Implement.

A Notice of Intent to Implement applicable BMPs best management practices shall be submitted to FDACS, Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301.

(1) Such notice shall identify practices the applicant will implement. The notice shall also include: the name of the property owner; the location of the nursery(s); the property tax ID number(s); a date for implementation; the gross acreage on which each practice will be implemented; the name and contact information of an authorized representative; and the signature of the owner, lease holder, or an authorized agent.

(2) Once filed with FDACS, the Notice of Intent to Implement shall enable the applicant to apply for assistance with implementation as identified in Section 403.067(7)(c)2., F.S.

(1) Such Notice of Intent shall include:

(a) The practices the applicant will implement, which the applicant shall identify as provided in the manual. The identified practices shall include the nutrient management practices listed in the manual that are applicable to the operation covered by the Notice of Intent. These nutrient management practices shall be initiated as soon as practicable after submittal of the Notice of Intent;

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

(c) A timeline for implementation of each practice identified;

(d) The gross acreage on which each practice will be implemented;

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

(f) 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 5-31-06, Amended________.

 

5M-6.005 Record Keeping.

All participants must preserve sufficient documentation to confirm implementation of the practices non-regulatory and incentive based programs identified in the Notice of Intent to Implement. All documentation is subject to FDACS inspection.

Specific Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended________.

 

5M-6.006 Previously Submitted Notices of Intent to Implement.

Nursery growers who have submitted a Notice of Intent to Implement for the Florida Container Nursery BMP Guide (March 2006), and implement and document the identified BMPs and any additional or revised applicable BMPs under this rule, are deemed to meet the requirements of the rule.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill Bartnick, Environmental Administrator, Office of Agricultural Water Policy
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Rich Budell, Director, Office of Agricultural Water Policy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 16, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 11, 2007