Purpose. , Approved BMPs. , Presumption of Compliance. , Notice of Intent to Implement, Record Keeping. , Previously Submitted Notices of Intent to Implement, Previously Submitted Notices of Intent to Implement
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy
RULE NOS.:RULE TITLES:
5M-8.001Purpose.
5M-8.002Approved BMPs.
5M-8.003 Presumption of Compliance.
5M-8.004Notice of Intent to Implement
5M-8.005Record Keeping.
5M-8.006Previously Submitted Notices of Intent to Implement
5M-8.007Previously Submitted Notices of Intent to Implement
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. 41 No. 121, June 23, 2015 issue of the Florida Administrative Register.
5M-8.001 through 5M-8.005. No change.
5M-8.006 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-8.002(1), F.A.C., and in the Notice of Intent to Implement. All documentation is subject to inspection.
Rulemaking Authority 403.067(7)(c)2. FS., 570.07(10) and(23), FS. Law Implemented 403.067(7)(c)2. FS. History–New_____.
5M-8.007 Previously Submitted Notices of Intent to Implement.
In order to retain a presumption of compliance with state water quality standards:
(1) Producers who are not described in sections (2) or (3) below who submitted a Notice of Intent to Implement Best Management Practices prior to the effective date of this rule must:
(a) Within two years of the effective date of this rule, submit a new NOI and BMP checklist in accordance with Rule 5M-8.004, F.A.C., and
(b) Implement the selected BMPs on the checklist submitted to the Department.
(2) Producers who are not described in section (3) below who submitted a Notice of Intent to Implement Best Management Practices prior to the effective date of this rule and that have a Water Management District-permitted, operational retention/detention stormwater management system that treats the production runoff water must:
(a) Within four years of the effective date of this rule, submit a new NOI and BMP checklist in accordance with Rule 5M-8.004, F.A.C., and
(b) Implement the selected BMPs on the checklist in accordance with Rule 5M-8.004, F.A.C.
(3) Producers described below who, prior to the effective date of this rule, submitted a Notice of Intent to Implement Best Management Practices shall be subject to the manual incorporated by reference in Rule 5M-8.002(1), F.A.C., but do not have to re-enroll and the existing NOI continues to provide a presumption of compliance with state water quality standards so long as:
(a) They grow an annual crop that is fertilized with less than 100 lbs N/acre; or
(b) They grow strawberries or cucurbits on plastic mulch with drip irrigation, and apply greater than 75% of the nitrogen fertilizer via fertigation at a rate that does not exceed 150 lbs N/acre per season; or
(c) They have a Resource Management System Level Conservation Plan developed or approved by Natural Resources Conservation Service NRCS that has been reviewed updated within the past five years and updated as necessary; or
(d) They grow vegetable and/or agronomic crops within the permit boundaries of the Everglades Agricultural Area or C-139 Western Basins Area and have been issued a permit under Chapter 40E-63, F.A.C.
Rulemaking Authority 403.067(7)(c)2. FS., 570.07(10) and (23), FS. Law Implemented 403.067(7)(c)2. FS. History–New____.
