Fla. Admin. Code Ann. R. 5M-12.007 - Presumption of Compliance

Pursuant to Sections 403.067(7)(c) and 576.045(4), (5), F.S., agricultural operations that implement BMPs, in accordance with Department rule, that have been verified by the FDEP as effective in reducing pollutants addressed by the practices are presumed to comply with state water quality standards, and are released from the provisions of Section 376.307(5), F.S., for those pollutants.

(1) Except as stated in subsection (2), in order to meet the statutory requirements for a presumption of compliance with state water quality standards and release from Section 376.307(5), F.S., the participant must:

(a) Develop a site-specific conservation plan that meets the requirements of Rule 5M-12.004, F.A.C.;

(b) Submit an NOI to implement the plan, as outlined in Rule 5M-12.005, F.A.C.;

(c) Implement the plan and maintain the BMPs; and,

(d) Comply with the record-keeping requirements in Rule 5M-12.006, F.A.C.

(2) Presumption of compliance with state water quality standards for the areas of livestock operations subject to regulation under Chapters 62-620, 62-621 and 62-670, F.A.C., is governed by the requirements of those rules.

Notes

Fla. Admin. Code Ann. R. 5M-12.007

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085, 576.045(6) FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085, 576.045(4), (5) FS.

New 6-16-10.

New 6-16-10.