5I-6.003: Presumption of Compliance
5I-6.004: Notice of Intent to Implement
PURPOSE AND EFFECT: The purpose of this rule amendment is to amend by request from JAPC existing language in subsection 5I-6.003(4), F.A.C., by striking “non-regulatory and incentive-based” from line (4); and to incorporate by reference Best Management Practices for Silviculture Notice of Intent to Implement Rule 5I-6.004, F.A.C., DACS Form No. 11305, Revised 02/2010.
SUMMARY: The purpose of this rule amendment is to amend existing language in subsection 5I-6.003(4), F.A.C., by striking “non-regulatory and incentive-based” from line (4) and to establish a procedure for submitting a “Notice of Intent to Implement” Silviculture BMPs, that, when filed with the Florida Department of Agriculture and Consumer Services, Division of Forestry (DOF), and BMPs are 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 DOF, the Notice of Intent shall enable the applicant to apply for assistance with the implementations as identified in Section 403.067(7)(c)2., F.S. This proposed rule amendment also provides that records maintained by the applicant confirming implementation of Silviculture BMPs are subject to DOF 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: 570.07 (23) FS.
LAW IMPLEMENTED: 403.067(7)(c)(2), 589.04(1)(a) 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: Jeffery L. Vowell, Division of Forestry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, telephone (850)414-9969, fax (850)488-0863
THE FULL TEXT OF THE PROPOSED RULE IS:
5I-6.003 Presumption of Compliance.
(1) through (3) No change.
(4) Maintain documentation to verify the implementation and maintenance of the Silviculture non-regulatory and incentive-based BMPs as outlined in Rule 5I-6.005, F.A.C.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-25-10, Amended 3-17-10,________.
5I-6.004 Notice of Intent to Implement.
(1) through (2) No change.
(3) Best Management Practices for Silviculture Notice of Intent to Implement, DACS 11305, Revised 2/10 is hereby adopted and incorporated by reference and can be obtained on the Florida Division of Forestry internet website, http://www.doacs.state.fl.us/onestop/forms/11305.pdf.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-25-10, Amended 3-17-10,________.