Section 5M-3.004 - Land Application of Animal Wastes(1) Animal feeding operations or concentrated animal feeding operations subject to the permitting requirements in rule Chapter 62-670, F.A.C., are not affected by this section.(2) Except as provided in subsection (1), agricultural operations that land-apply animal manure within the Northern Everglades shall: (a) Apply manure uniformly at a phosphorous-based rate, as determined by soil and/or plant tissue test results;(b) Not apply manure when the soil is saturated or inundated with water;(c) Not apply manure within 30 feet of any wetland, lake, stream, or estuary; and,(d) Not apply manure within 100 feet of an existing drinking water well.(3) In addition to meeting the requirements in subsection (2), agricultural operations that land-apply animal manure at a rate that exceeds one ton per acre per year shall: (a) Develop and implement a nutrient management plan as defined in Rule 5M-3.002, F.A.C. The nutrient management plan may be included as part of a conservation plan developed or grandfathered pursuant to Rule 5M-3.003, F.A.C. The nutrient management plan shall be reviewed and updated at least every five years; and,(b) Not apply manure within 50 feet of any wetland, lake, stream, or estuary.(4) All agricultural operations affected by this section must document the dates of animal-manure applications and the annual application amounts, calculated on a pounds-per-acre basis for nitrogen and phosphorus, and maintain such records for a minimum of five years and make them available for inspection upon request.(5) Nutrient management plans for the land application of animal wastes submitted to FDACS under rule Chapter 5M-3, F.A.C., prior to this rule revision are grandfathered and deemed to meet the requirements of this section. However, such plans shall be reviewed and updated pursuant to paragraph 5M-3.004(3)(a), F.A.C.Fla. Admin. Code Ann. R. 5M-3.004
Rulemaking Authority 373.4595(3)(c)1.a., 8., (4)(a)2.a., g., (b)2.a., g, 403.067(7)(c)2., 570.07(10), (23) F.S. Law Implemented 373.4595(3)(c)1.a., 8., 373.4595(4)(a)2.a., g., (b)2.a., g., 403.067(7)(c)2, F.S.
New 10-23-03, Amended 6-28-06, 8-15-11.New 10-23-03, Amended 6-28-06, 8-15-11.