DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy
RULE NOS.:RULE TITLES:
5M-1.001Definitions
5M-1.008Implementation Verification
5M-1.009Best Management Practices Implementation Assistance
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 139, July 19, 2017 issue of the Florida Administrative Register.
5M-1.001 - Definitions
No change.
Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23), F.S. Law Implemented 403.067(7)(d)2.c., F.S. History‒New __________.
5M-1.008 - Implementation Verification
(1) through (2) No change.
(3) For the Producers or Landowners described below in (a), (b), or and (c), verification of implementation of Best Management Practices will be confirmed by:
(a) Compliance with the following permits, as determined by the issuing agency:
1. Permits or authorizations issued by DEP under Rule Chapter 62-670, F.A.C.; or
2. Permits or authorizations issued by the South Florida Water Management District under Rule Chapter 40E-63, F.A.C.;
(b) Compliance with the terms of conservation easements, leases, or other binding agreements with a state agency or water management district that require implementation of the Department’s BMPs and include annual on-site verification by the state agency or water management district that BMPs are being implemented.; or
(c) Proof of Ccompliance with the requirements of proprietary certifications of Department-adopted BMPs that are issued by Department qualified non-governmental individuals or entities as provided in Subsection (5)(4).
(4)(d) A Producer’s or Landowner’s proof of compliance with any of the permits, agreements, or certifications presented by the issuing agency, as provided in this Subsection (3), shall be made available to the Department upon request.
(5)(4) Entities seeking to issue proprietary compliance certifications for use in accordance with (3)(c) must request a qualification review by the Department’s Office of Agricultural Water Policy. Applicants will be required to demonstrate the following qualification requirements:
(a) Certification standards that incorporate implementation of the Department’s BMPs;
(b) A process to license or authorize inspectors or auditors who shall not be employed by or affiliated with the standard-setting entity;
(c) A process for revocation of licenses or authorizations for inspectors or auditors;
(d) Procedures or protocols for selection of inspectors or auditors who shall not be employed by or affiliated with the Producers or Landowners holding or seeking certification for their operations;
(e) An annual certification review and renewal process that includes a site inspection by the licensed or authorized inspector or auditor; and
(f) A compliance certification revocation process if the Producer or Landowner is found to be out of compliance with the entity’s certification standards.
(6)(5) Implementation verification of Best Management Practices for Silviculture shall be provided in accordance with Chapter 5I-6, F.A.C.
Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23), F.S. Law Implemented 403.067(7)(d)2.c., F.S. History‒New __________.
5M-1.009 - Best Management Practices Implementation Assistance
(1) The Department will provide implementation assistance to Enrolled Producers as follows:
(a) If the implementation status assessment described in Rule 5M-1.008(1), F.A.C., indicates that an Enrolled Producer has not achieved full implementation of Applicable Best Management Practices (BMPs), the Department will work in cooperation with the Producer to identify corrective measures to be taken to achieve full implementation of Applicable BMPs. The identification of corrective measures will include setting of expectations for the time required to complete them. If the Producer is not the Landowner, the Landowner will be notified that corrective measures have been identified for the Producer’s implementation.
(b) If the Producer does not implement the identified corrective measures, the Department will work in cooperation with the Producer and Landowner, if the Producer is not the Landowner, to identify remedial measures to be taken by the Producer and, if necessary, the Landowner to achieve full implementation of Applicable BMPs. The identification of remedial measures will include setting of expectations for the time required to complete them. A Producer or Landowner that fails to implement the identified remedial measures will be subject to Subsection (2).
(c) A Producer or Landowner that does not cooperate with the Department to identify corrective or remedial measures will be subject to Subsection (2).
(2) The Department will notify DEP within 60 days after the date of scheduled completion of remedial measures identified pursuant to paragraph (1)(b) of any Enrolled Producer or Landowner that refuses or fails to implement Applicable BMPs.
(3) No change.
Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23), F.S. Law Implemented 403.067(7)(d)2.c., F.S. History‒New __________.
