Pursuant to Section 403.067(7)(c)3., F.S., implementation of best management practices (BMPs), in accordance with this rule chapter, that have been verified by the Florida Department of Environmental Protection as effective in reducing pollutants addressed by the practices, provides a presumption of compliance with state water quality standards and release from the provisions of Florida Statutes § 376.307(5), for those pollutants. In order to qualify for a presumption of compliance and release from Florida Statutes § 376.307(5), the applicant must:
    (1) Submit the Notice of Intent to Implement:
    (a) As provided in Fl. Admin. Code R. 5M-8.004, that identifies the applicable BMPs, or
    (b) If the property is located in the Everglades Agricultural Area or C-139 and Western Basins Area, submit the Notice of Intent to Implement as provided in Fl. Admin. Code R. 5M-8.005;
    (2) Implement all applicable BMPs in accordance with the requirements in Rule 5M-8.004 or 5M-8.005, F.A.C.;
    (3) Implement all applicable BMPs no later than 18 months after submittal of the NOI; and,
    (4) Maintain documentation, in accordance with Fl. Admin. Code R. 5M-8.006, to verify the implementation and maintenance of the identified BMPs.
    (5) The presumption of compliance applies only to phosphorus and nitrogen for producers within the Everglades Agricultural Area or C-139 and Western Basins Area.
Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History-New 2-8-06, Amended 10-7-15.