5M-3.001: Purpose
5M-3.002: Definitions
5M-3.003: Approved Best Management Practices
5M-3.004: Notice of Intent to Implement
5M-3.005: Presumption of Compliance
5M-3.006: Land Application of Animal Wastes
5M-3.007: Record Keeping
5M-3.008: Land Use Changes
5M-3.009: Preservation of Authority
PURPOSE AND EFFECT: The purpose of this rule amendment is to increase the geographic scope of the rule, and to incorporate changes to definitions and record keeping details. New and updated reference documents will be adopted by reference. Details concerning record keeping and timing of implementation of Best Management Practices will be modified.
SUMMARY: The rule establishes a procedure for submitting a “Notice of Intent to Implement,” that, when filed with the Florida Department of Agriculture and Consumer Services (FDACS), and implemented, 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 addressed by the practices. Once filed with FDACS, the Notice of Intent shall enable the applicant to apply for assistance with implementation as identified in s. 403.067 (7)(c)2, F.S. This rule also provides that records maintained by the applicant confirming implementation of non-regulatory and incentive-based programs are subject to FDACS inspection.
SUMMARY 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.
LAW IMPLEMENTED: 403.067 (7)(c)2.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: May 15, 2006, 1:00 p.m.
PLACE: Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy Conference Room, Magnolia Center, 1203 Governors Square Blvd., Ste. 200, Tallahassee, FL 32301.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Clegg Hooks, Environmental Administrator, Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301 (850)617-1700 or FAX (850)617-1701.
THE FULL TEXT OF THE PROPOSED RULE IS:
BEST MANAGEMENT PRACTICES (BMPS) FOR AGRICULTURE IN THE LAKE OKEECHOBEE WATERSHED CITRUS, COW/CALF, DAIRIES AND OTHER
5M-3.001 Purpose.
The purpose of this rule chapter is to effect pollutant reduction through the implementation of non-regulatory and incentive based programs, which may be determined to have minimal individual or cumulative adverse impacts to the water resources of the state. The rule chapter defines the phosphorus management requirements of agricultural producers necessary to receive a presumption of compliance with state water quality standards, including those established by the Total Maximum Daily Load (TMDL) program, pursuant to Section 403.067, F.S., and the South Florida Water Management District’s (SFWMD) Works of the District Program contained in Chapter 40E-61, F.A.C. Implementation of this rule chapter is part of a comprehensive program to achieve water quality standards. Reasonable assurance for achieving water quality standards is enhanced through verification monitoring at representative sites and subsequent identification of additional or modified control measures where needed. Where it is determined that despite proper assessment, BMP design, or BMP implementation, additional or modified BMP control measures are necessary to achieve compliance with water quality standards, established phosphorus reduction targets or total maximum daily loads, the implementation of these measures will be achieved through a modification of this rule.
Specific Authority 373.4595(3)(7)(c)1.a., 403.067(7)(c)2(d)1. FS. Law Implemented 373.4595(3)(7)(c)1.a., 403.067(7)(c)2(d)1. FS. History–New 10-23-03. Amended________.
5M-3.002 Definitions.
(1) “Agricultural Nutrient Management Assessment and Plan” (“ANMAP”) means a site-specific plan establishing the rates at which nutrients-containing materials (manure, litter, waste bedding and process wastewater) can be land applied so as to meet crop nutrient needs while minimizing the amount of pollutant discharged to waters of the State. The ANMAP shall include site-specific Best Management Practices to address all relevant operation and maintenance activities. The ANMAP shall be consistent with the United States Department of Agriculture (USDA), Natural Resource Conservation Service (NRCS) Field Office Technical Guide and the USDA’s Comprehensive Nutrient Management Planning Technical Guidance (CNMP) located in Part 600.5 of the National Planning Procedures Handbook Amendment 4, which may be viewed or copied by going to http://www.floridaagwaterpolicy.com/links.html, http://www.nrcs.usda.gov/programs/afo/ or obtained from USDA/NRCS, P.O. Box 141510, 2614 N.W. 43rd Street, Gainesville, FL 32614-1510.
(2) “Agronomic Rates” means the application of nutrients to the soil that equals the rate of nutrient uptake, by existing or planned agriculture crop or pasture grass, required to produce an reasonably expected yield while minimizing adverse environmental effects.
(3) “Animal Wastes” means manure, used bedding, litter, feed, soil, urine, compost, and process wastewater from animal production areas.
(4) “Buy-out Dairy Property” means property where one or more cows are kept and from which a part or all of the milk or milk product(s) is provided, sold, or offered for sale to a milk plant, transfer station, or receiving station, and a “high intensity use area”, as defined by the Florida Department of Environmental Protection (FDEP) through Rule 62-670.200, F.A.C., dated December 26, 1996, have ceased operations.
(4)(5) “Certified Technical Service Provider” (“CTSP”) means an individual, or an entity or public agency having an employee or employees who meet the minimum NRCS criteria for providing technical service for conservation planning or a specific conservation practice or system. The minimum criteria for providing technical service are is outlined in 7 CFR Part 652, subpart B, effective November 20, 2002. Individuals who meet the minimum NRCS criteria must be approved and certified by the USDA/NRCS State Conservationist and placed on the approved list to provide technical service to program participants or to the Department.
(5)(6) “Conservation Plan” means:
(a) a record of the landowner’s decisions and supporting information for treatment of a unit of land or water as a result of the planning process that is consistent with the meets Field Office Technical Guide (FOTG) quality criteria for each natural resource (soil, water, air, plants, and animals) and takes into account economic, and social, and site specific considerations. The plan must be consistent developed in accordance with the United States Department of Agriculture/Natural Resources Conservation Service (USDA/NRCS) National Planning Procedures Handbook Amendment 4 and approved by USDA/NRCS, and shall specify the schedule of operations and land activities needed to solve identified natural resource problems. The needs of the landowner, the resources, and federal, state and local requirements must be met. The National Planning Procedures Handbook Amendment 4 may be viewed or copied by going to http://www.floridaagwaterpolicy.com/links.html, http://policy.nrcs.usda.gov/s/lpsiis.dll/H/H_180_600.htm or obtained from USDA/NRCS, P.O. Box 141510, 2614 N. W. 43rd St., Gainesville, Fl 32614-1510; or, (b) for those landowners otherwise not eligible for USDA/NRCS cost-share programs, or where a Conservation Plan to a Resource Management System (RMS) level can not be obtained, an alternative plan may be approved by the Department. Where justified, based on site specific considerations, the alternative plan may vary from the guidance provided in rule 5M-3.004(3)(a) through (d). During plan development the Department shall consult with the Florida Department of Environmental Protection (DEP) to ensure that the plan is supported by sufficient scientific justification that water resource protection equivalent to a USDA/NRCS Conservation Plan will be provided.
(6)(7) “Field Office Technical Guide” (“FOTG” or “eFOTG”, the online electronic version) means the current official Florida NRCS series that includes volume I-V, in effect August 1, 2003, which sets forth the guidelines, criteria, and standards for planning and applying conservation treatments, which may be viewed or copied by going to http://www.floridaagwaterpolicy.com/links.html, http://www.nrcs.usda.gov/technical/efotg/ or obtained from USDA/NRCS, P.O. Box 141510, 2614 N.W. 43rd St., Gainesville, FL 32614-1510.
(7)(8) “Nutrient Management Plan” means a component of a site specific Conservation Plan that is designed and applied according to the USDA/NRCS conservation practice standard included in Section IV, Code 590 Nutrient Management, of the FOTG/eFOTG Efotg. Nutrient Management Plans specify the amount, placement, form, and timing of the application of nutrients including manure and animal by-products, and soil amendments. Nutrient Management Plans are applicable to all lands where plant nutrients and soil amendments are applied. The Nutrient Management section of the FOTG/eFOTG Efotg, Code 590, Conservation Practice Standard may be viewed or copied by going to http://www.floridaagwaterpolicy.com/PDFs/Conservation_Prac._Standard590.pdf, ftp://ftp.ftw.nrcs.usda.gov/pub/nhcp/pdf/590.pdf.
(8)(9) “Lake Okeechobee Watershed” means Lake Okeechobee and the area surrounding and tributary to Lake Okeechobee, composed of the surrounding hydrologic basins, as defined in 373.4595(2)(i), F. S.
Specific Authority 373.4595(3)(c)1.a., 403.067(7)(c)2(d)1. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2(d)1. FS. History–New 10-23-03, Amended_________.
5M-3.003 Approved Best Management Practices.
The following best management practices (BMPs) are approved for the priority basins, (S-191, S-154, S-65 D and E) as identified in Section 373.4595 (3)(b)1., F.S.
(1) The document titled Water Quality/Quantity BMPs for the Indian River Area Citrus Groves; (January 2005May 2000) is hereby incorporated and adopted by reference in this rule. Copies of this document may be obtained from the
(2) The document titled Water Quality BMPs for Cow/Calf Operations; (June 1999) is hereby incorporated and adopted by reference in this rule. Copies of the document may be obtained from the Florida Cattlemen’s Association,
(3) The document titled Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops (2005 Edition) is hereby incorporated and adopted by reference in this rule for participating vegetable and agronomic crop growers in the Lake Okeechobee watershed as defined in 5M-3.002(8). Copies of the document may be obtained from the local county University of Florida Cooperative Extension Service office or from the Florida Department of Agriculture and Consumer Services (FDACS), Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301.
(4) (3) Implementation of a site specific Conservation Plan, as defined in 5M-3.002, F.A.C. developed in accordance with the USDA/NRCS National Planning Procedures Handbook Amendment 4 and approved by the USDA/NRCS. A copy of the National Planning Procedures Handbook Amendment 4 may be obtained from USDA/NRCS,
(5) (4) Implementation of a site specific Agricultural Nutrient Management Assessment and Plan (ANMAP), as defined in Rule 5M-3.002, F.A.C., developed for a dairy or other Concentrated Animal Feeding Operation. or cow/calf operation located on buy-out dairy property.
Specific Authority 373.45954(3)(c)1.a., 403.067(7)(c)2(d)1. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2(d)1. FS. History–New 10-23-03, Amended________.
5M-3.004 Notice of Intent to Implement.
A Notice of Intent to Implement any of the non-regulatory and incentive based programs set forth in Rule 5M-3.003, F.A.C., shall be submitted to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 1203 Governors Square Boulevard, Suite 200, Tallahassee, FL 32301.
(1) Such notice shall identify those practices from the approved best management practices listed in Rule 5M-3.003, F.A.C., the applicant intends to implement. The notice shall also include the date of submittal; the name of the property owner; the location of the property(ies); the property tax ID number(s); a timeline for implementation, the gross acreage on which each practice will be implemented; the name and contact information for an authorized representative; and the signature of the owner, leaseholder, or authorized agent.
(2) Once filed with the Florida Department of Agriculture and Consumer Services, the Notice of Intent to Implement shall enable the applicant to apply for assistance with implementation as identified in Section 373.4595(3)(c)1.b., F.S. All landowners who receive cost-share assistance with implementation shall complete implementation of applicable Best Management Practices within twenty-four (24) months of cost-share assistance becoming available.
(3) All landowners who submit a Notice of Intent (NOI) must implement the nutrient management component of the applicable Best Management Practices upon NOI submittal. Where phosphate (P2O5) is intended to be applied the nutrient management component of the applicable Best Management Practices shall include the collection and analysis of soil and/or plant tissue in determining the amount of phosphate (P2O5) needed for the combination of the crop being produced and its expected yield. Soil and/or plant tissue sampling and analysis shall be conducted using the following University of Florida/Institute of Food and Agricultural Sciences Extension Electronic Data Information Source (EDIS) documents:
(a) For soil testing use: University of Florida/Institute of Food and Agricultural Sciences Extension Soil Testing Laboratory (ESTL) Analytical Procedures and Training Manual (SS312) September 2002; and
(b) For vegetable /agronomic crops use the following documents: Phosphorus Management for Vegetable Production in
(c) For citrus use the following documents: Managing Phosphorus Fertilization of Citrus Using Soil Testing (SS332) October 2001, and Macronutrient Deficiencies in Citrus: Nitrogen, Phosphorus and Potassium (SS420) January 2003; and
(d) For cow/calf operations use the following document: UF/IFAS Standardized Fertilization Recommendations for Agronomic Crops (SS163) March 2002.
Copies of the manual and extension documents can be obtained at http://www.floridaagwaterpolicy.com/links.html, or from UF/IFAS, Building 440,
Specific Authority 373.45954(3)(c)1.a., 403.067(7)(c)2(d)1. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2(d)1. FS. History–New 10-23-03, Amended_________.
5M-3.005 Presumption of Compliance.
(1) Flatwoods, or non “ridge” Citrus. 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 implemented practices, the applicant must:
(a) Conduct an assessment of the sub, with the assistance of FDACS personnel, using the Citrus Grower Best Management Practices Checklist incorporated in the document titled Water Quality/Quantity BMPs for Indian River Area Citrus Groves (January 2005May 2000);
(b) Submit the Notice of Intent to Implement outlined in Rule 5M-3.004, F.A.C.;
(c) Implement the non-regulatory and incentive-based programs identified as a result of the assessment of the sub
(d) Maintain documentation to verify the implementation and maintenance of the non-regulatory and incentive-based programs;
(e) Allow FDACS, or FDACS in conjunction with DEP, SFWMD, or USDA/NRCS representatives, access to the property(ies) for verification of implementation, operation, and maintenance of BMPs. Advance notice of such inspections shall be provided to the landowner by FDACS;
(f) Within 60 days of submission of the Notice of Intent, sign up with the USDA/NRCS Okeechobee Service Center, 482 Highway 98 North, Okeechobee, FL 34972-4168 for development of a Conservation Plan, or with the FDACS Okeechobee office of the Office of Agricultural Water Policy, 305 East North Park Street, Suite C, Okeechobee, FL 34972;
(g) Agree to implement a Conservation Plan developed in accordance with subsection 5M-3.003(4)(3), F.A.C.; and
(h) Provide a copy of the completed Conservation Plan to the Okeechobee office of the Office of Agricultural Water Policy,
(2) Cow/Calf. 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 implemented practices, the applicant must:
(a) Conduct an assessment of the sub
(a)(g) Agree to implement a Conservation Plan developed in accordance with subsection 5M-3.003(4)(3), F.A.C.;
(b) Submit the Notice of Intent to Implement outlined in Rule 5M-3.004, F.A.C.;
(c) Implement the non-regulatory and incentive-based programs identified as a result of the assessment of the sub
(d) Maintain documentation to verify the implementation and maintenance of the non-regulatory and incentive-based programs;
(e) Allow FDACS, or FDACS in conjunction with DEP, SFWMD, or USDA/NRCS representatives, access to the property(ies) for verification of implementation, operation and maintenance of BMPs. Advance notice of such inspections shall be provided to the landowner by FDACS;
(f) Within 60 days of submission of the Notice of Intent, sign up with the USDA/NRCS Okeechobee Service Center, 482 Highway 98 N., Okeechobee, FL 34972-4168 for development of a Conservation Plan, or with the FDACS Okeechobee office of the Office of Agricultural Water Policy, 305 East North Park Street, Suite C, Okeechobee, FL 34972; and
(g)(h) Provide a copy of the completed Conservation Plan to the Okeechobee office of the Office of Agricultural Water Policy,
(3) Vegetable/Agronomic Crops. In order to obtain the presumption of compliance with applicable state water quality standards and release from the provisions of s. 376.307 (5), F.S. for those pollutants addressed by the practices the applicant must:
(a) Conduct a comprehensive assessment of the subject properties using the Decision Tree Flowchart and associated appendices incorporated in the document titled Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops (2005 Edition);
(b) Submit a Notice of Intent to Implement as outlined in 5M-8.004, F.A.C.;
(c) Implement all applicable BMPs in accordance with the timeline identified as a result of the assessment of the subject properties and listed in the Notice of Intent to Implement;
(d) Maintain documentation to verify the implementation and maintenance of the identified BMPs;
(e) Allow FDACS, or FDACS in conjunction with DEP, SFWMD, or USDA/NRCS representatives, access to the property(ies) for verification of implementation, operation and maintenance of BMPs. Advance notice of such inspections shall be provided to the landowner by FDACS;
(f) Within 60 days of submission of the Notice of Intent, sign up with the USDA/NRCS Okeechobee Service Center, 482 Highway 98 N., Okeechobee, FL 34972-4168 for development of a Conservation Plan, or with the FDACS Okeechobee office of the Office of Agricultural Water Policy, 305 East North Park Street, Suite C, Okeechobee, FL 34972;
(g) Agree to implement a Conservation Plan developed in accordance with subsection 5M-3.003(4), F.A.C.; and
(h) Provide a copy of the completed Conservation Plan to the Okeechobee office of the Office of Agricultural Water Policy,
(4) Ridge citrus. In order to obtain the presumption of compliance with state ground water quality standards for nitrogen and release from the provisions of Section 376.307(5), F. S. the applicant must comply with the provisions of Rule 5E-1.023, F.A.C., and
(a) Allow FDACS, or FDACS in conjunction with DEP, SFWMD, or USDA/NRCS representatives, access to the property(ies) for verification of implementation, operation and maintenance of BMPs. Advance notice of such inspections shall be provided to the landowner by FDACS.
(5)(3) Dairies/Buy-out Dairies. 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:
(a) Conduct an Agricultural Nutrient Management Plan as defined in 5M-3.002(1), F.A.C.
(b)(a) Submit a Notice of Intent to Implement as outlined in Rule 5M-3.004, F.A.C.;
(c)(b) Implement non-regulatory and incentive-based programs identified in the Agricultural Nutrient Management Assessment and Plan for the sub
(d)(c) Maintain documentation to verify the implementation and maintenance of non-regulatory and incentive-based programs; and
(e)(d) Allow FDACS, or FDACS in conjunction with DEP, SFWMD, or USDA/NRCS representatives, access to the property(ies) for verification and implementation, operation and maintenance of BMPs. Advance notice of such inspections shall be provided to the landowner by FDACS.
(6)(4) Other Agriculture. In order to receive 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:
(a) Sign up with the USDA/NRCS Okeechobee Service Center, 482 Highway 98 North,
(b) Submit a Notice of Intent to Implement as outlined in Rule 5M-3.004, F.A.C.;
(c) Implement the non-regulatory and incentive-based programs identified in the site-specific Conservation Plan developed in accordance with subsection 5M-3.003(4)(3), F.A.C., for the sub
(d) Provide a copy of the completed Conservation Plan to the Okeechobee office of the Office of Agricultural Water Policy,
(e) Maintain documentation to verify the implementation and maintenance of the non-regulatory and incentive-based programs; and
(f) Allow FDACS, or FDACS in conjunction with DEP, SFWMD, or USDA/NRCS representatives, access to the property(ies) for verification of implementation, operation, and maintenance of the BMPs. Advance notice of such inspections shall be provided to the landowner by FDACS.
Specific Authority 373.45954(3)(c)1.a., 403.067(7)(c)2(d)1. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2(d)1. FS. History–New 10-23-03. Amended________.
5M-3.006 Land Application of Animal Wastes.
Animal wastes shall be applied at a phosphorous-based agronomic rate. The landowner or leaseholder must have a current (5 year old or less) nutrient management plan, prepared by a Certified Technical Service Provider, or the USDA/NRCS consistent with the USDA, NRCS, Field Office Technical Guide, Conservation Practice Standards-Code 590 “Nutrient Management” and Code 633 “Waste Utilization.” The landowner or leaseholder must maintain adequate records demonstrating adherence to the Nutrient Management Plan. The Nutrient Management Plan, and associated records, shall be made available to the Department or its representative, upon request. FOTG Code 590 “Nutrient Management” may be viewed or copied by going to http://www.floridaagwaterpolicy.com/PDFs/Conservation_Prac._Standard590.pdf, ftp://ftp.ftw.nrcs.usda.gov/pub/nhcp/pdf/590.pdf FOTG Code 633 “Waste Utilization” may be viewed or copied by going to http://www.floridaagwaterpolicy.com/PDFs/Conservation_Prac._Standard633.pdf, ftp://ftp.ftw.nrcs.usda.gov/pub/nhcp/pdf/633.pdf
Specific Authority 373.45954(3)(c)1.a., 403.067(7)(c)2(d)1. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2(d)1. FS. History–New 10-23-03, Amended________.
5M-3.007 Record Keeping.
All participants must preserve, for a minimum of ten years, sufficient documentation to confirm implementation of the non-regulatory and incentive-based programs identified in the Notice of Intent to Implement. Such documentation regarding fertilization must be in sufficient detail to confirm implementation of applicable nutrient management Best Management Practices, and include date of soil and/or plant tissue sample collection, results of soil and/or plant tissue analysis, formulation and quantity of fertilizer material purchased, crop, crop yield, and acreage upon which the fertilizer is applied, and date(s) of fertilizer application. All documentation is subFDACS inspection. Advance notice of such inspections shall be provided to the landowner by FDACS.
Specific Authority 373.45954(3)(c)1.a., 403.067(7)(c)2(d)1. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2(d)1. FS. History–New 10-23-03, Amended________.
5M-3.008 Land Use Changes.
Any change in the land use shall require the landowner to demonstrate to the South Florida Water Management District that the proposed changes in land use will not result in increased phosphorus loading over that of the existing land uses. Affected landowners should contact the Florida Department of Agriculture and Consumer Services Okeechobee Office,
Specific Authority 373.45954(3)(c)1.a., 403.067(7)(c)2(d)1. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2(d)1. FS. History–New 10-23-03, Repromulgated_________.
5M-3.009 Preservation of Authority.
Nothing in this rule shall be construed as modifying orf limiting the existing authority of the Department of Environmental Protection or the South Florida Water Management District’s existing authority under Chapters 373 and 403, F.S., or the existing requirements of any permits, consent decree or rule.
Specific Authority 373.45954(3)(c)1.a., 403.067(7)(c)2(d)1. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2(d)1. FS. History–New 10-23-03, Repromulgated_________.