Florida Regulations 5M-8.007: Notices of Intent to Implement Submitted Prior to October 7, 2015
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In order to retain a presumption of compliance with state water quality standards:
(1) Producers who submitted a Notice of Intent to Implement Best Management Practices prior to October 7, 2015 shall be subject to the manual incorporated by reference in subsection 5M-8.002(1), F.A.C. as the basis for verification of implementation of BMPs in any review conducted after October 6, 2019.
(2) Producers described below who submitted a Notice of Intent to Implement Best Management Practices prior to October 7, 2015, shall be subject to the manual incorporated by reference in subsection 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 Conservation Plan developed or approved by Natural Resources Conservation Service that has been reviewed 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 and Western Basins Area and have been issued a permit under Fl. Admin. Code Chapter 40E-63
(3) All Notices of Intent to Implement Best Management Practices shall remain valid and effective until withdrawn, amended, or terminated.
Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History-New 10-7-15, Amended 1-18-18.
(1) Producers who submitted a Notice of Intent to Implement Best Management Practices prior to October 7, 2015 shall be subject to the manual incorporated by reference in subsection 5M-8.002(1), F.A.C. as the basis for verification of implementation of BMPs in any review conducted after October 6, 2019.
(2) Producers described below who submitted a Notice of Intent to Implement Best Management Practices prior to October 7, 2015, shall be subject to the manual incorporated by reference in subsection 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 Conservation Plan developed or approved by Natural Resources Conservation Service that has been reviewed 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 and Western Basins Area and have been issued a permit under Fl. Admin. Code Chapter 40E-63
(3) All Notices of Intent to Implement Best Management Practices shall remain valid and effective until withdrawn, amended, or terminated.
Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History-New 10-7-15, Amended 1-18-18.