Section 5M-8.007 - Notices of Intent to Implement Submitted Prior to October 7, 2015In 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 Chapter 40E-63, F.A.C.(3) All Notices of Intent to Implement Best Management Practices shall remain valid and effective until withdrawn, amended, or terminated.Fla. Admin. Code Ann. R. 5M-8.007
Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS.
Adopted by Florida Register Volume 41, Number 184, September 22, 2015 effective 10/7/2015, Amended by Florida Register Volume 44, Number 002, January 3, 2018 effective 1/18/2018.New 10-7-15, Amended 1-18-18.