5M-11.001: Purpose
5M-11.002: Approved BMPs
5M-11.003: Presumption of Compliance
5M-11.004: Notice of Intent to Implement
5M-11.005: Record Keeping
PURPOSE AND EFFECT: The purpose of this proposed rule is to adopt agricultural Best Management Practices for Florida cow/calf operations and to provide a mechanism for ranchers to enroll in the program by submitting Notices of Intent to Implement.
SUMMARY: The proposed rule establishes a procedure for submitting a “Notice of Intent” to implement agricultural Best Management Practices, and identifies the conditions that provide a presumption of compliance with state water quality standards for those pollutants addressed by the practices. The rule also provides that records maintained by the producer must be retained for at least 5 years, and are 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., 570.07(23) FS.
LAW IMPLEMENTED: 403.067(7)(c)2. 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 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:
5M-11.001 Purpose.
The purpose of this rule is to effect pollutant reduction through the implementation of agricultural Best Management Practices (BMPs) that 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., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New________.
5M-11.002 Approved Best Management Practices.
The manual titled Water Quality Best Management Practices for Florida Cow/Calf Operations (2008 Edition), DACS P-01280, is hereby adopted and incorporated by reference. Cow/calf operations in the Lake Okeechobee Watershed must follow the requirements of Chapter 5M-3, F.A.C. Copies of the manual 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 Boulevard, Suite 200, Tallahassee, FL, 32301 or by visiting http://www.floridaagwaterpolicy.com/BestManagementPractices.html.
Specific Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New________.
5M-11.003 Presumption of Compliance.
Pursuant to Section 403.067(7)(c)3., F.S., implementation, in accordance with adopted rules, of BMPs that 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 pollutants addressed by the practices. In order to meet the requirements for presumption of compliance and release from Section 376.307(5), F.S., the producer must:
(1) Submit a Notice of Intent to Implement, as provided in Rule 5M-11.004, F.A.C., that identifies the applicable BMPs;
(2) Implement all applicable BMPs in accordance with the timeline requirements in Rule 5M-11.004, F.A.C.; and
(3) Maintain records to document the implementation and maintenance of the identified BMPs, in accordance with Rule 5M-11.005, F.A.C.
Specific Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New________.
5M-11.004 Notice of Intent to Implement.
A Notice of Intent to Implement BMPs and the accompanying checklist, both of which are in the Appendix of the manual referenced in Rule 5M-11.002, F.A.C., shall be submitted to the FDACS Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301.
(1) The Notice of Intent shall include:
(a) The name of the property owner, the location of the property, and the property tax ID number(s) or other property identification information;
(b) The acreage on which BMPs will be implemented;
(c) The name and contact information of an authorized representative;
(d) The signature of the owner, lease holder, or an authorized agent;
(e) A BMP checklist with a schedule for implementation, as contained in the manual. The producer shall select the applicable BMPs by following the instructions in the manual. Except as provided in the manual, all applicable Level I BMPs must be implemented as soon as practicable, but no later than 18 months after submittal of the Notice of Intent to Implement; and
(f) If applicable, a copy of the Conservation Plan developed pursuant to the manual or the Conservation Plan otherwise developed that contains practices identified in the Notice of Intent to Implement.
(2) Submittal of the Notice of Intent to Implement enables the producer to receive assistance with BMP implementation.
Specific Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New________.
5M-11.005 Record Keeping.
All participants must keep records as directed in the manual to document implementation and maintenance of the practices submitted in the Notice of Intent to Implement. Records must be retained for at least 5 years. All documentation is subject to inspection.
Specific Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New________.