Florida Regulations 5M-1.009: Best Management Practices Implementation Assistance
Current as of: 2024 | Check for updates
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(1) The Department will provide implementation assistance to Enrolled Producers or Landowners as follows:
(a) If the implementation verification site visit described in subsection 5M-1.008(1), F.A.C., indicates that an Enrolled Producer or Landowner has not achieved proper implementation of Applicable BMPs, the Department will work in cooperation with the Producer or Landowner to identify corrective measures to be taken as soon as practicable to achieve proper implementation of Applicable BMPs. The identification of corrective measures will include the setting of expectations and the time required to complete them. If the Producer is not the Landowner, the Landowner will be notified that corrective measures have been identified for the Producer’s implementation.
(b) If the Producer does not fully implement the identified corrective measures within the established timeframe, the Department will issue a letter of non-compliance identifying remedial measures to be taken by the Producer and, if necessary, the Landowner to achieve proper implementation of Applicable BMPs. The identification of remedial measures will include setting of expectations and the time required to complete them. A Producer or Landowner that fails to implement the identified remedial measures will be subject to subsection (2).
(c) Department representatives will verify the completion of corrective or remedial measures within the established timeframes. In no case shall the overall timeframe for completion of corrective and remedial measures extend beyond the date of the next implementation verification site visit.
(d) A Producer or Landowner that does not cooperate with the Department to identify or implement corrective or remedial measures will be subject to subsection (2).
(2) The Department will notify DEP within 60 days after the date of scheduled completion of remedial measures identified pursuant to paragraph (1)(b), of any Enrolled Producer or Landowner that refuses or fails to properly implement Applicable BMPs.
(3) Producers and Landowners in a BMAP area are required by Florida Statutes § 403.067, to implement agricultural BMPs or other management strategies. The Department will provide Producers and Landowners in a BMAP area the opportunity to enroll and implement BMPs and will notify DEP of any Producers and Landowners that do not enroll in accordance with Department rules.
Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History—New 11-1-17, Amended 9-12-21.
(b) If the Producer does not fully implement the identified corrective measures within the established timeframe, the Department will issue a letter of non-compliance identifying remedial measures to be taken by the Producer and, if necessary, the Landowner to achieve proper implementation of Applicable BMPs. The identification of remedial measures will include setting of expectations and the time required to complete them. A Producer or Landowner that fails to implement the identified remedial measures will be subject to subsection (2).
(c) Department representatives will verify the completion of corrective or remedial measures within the established timeframes. In no case shall the overall timeframe for completion of corrective and remedial measures extend beyond the date of the next implementation verification site visit.
(d) A Producer or Landowner that does not cooperate with the Department to identify or implement corrective or remedial measures will be subject to subsection (2).
(2) The Department will notify DEP within 60 days after the date of scheduled completion of remedial measures identified pursuant to paragraph (1)(b), of any Enrolled Producer or Landowner that refuses or fails to properly implement Applicable BMPs.
(3) Producers and Landowners in a BMAP area are required by Florida Statutes § 403.067, to implement agricultural BMPs or other management strategies. The Department will provide Producers and Landowners in a BMAP area the opportunity to enroll and implement BMPs and will notify DEP of any Producers and Landowners that do not enroll in accordance with Department rules.
Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History—New 11-1-17, Amended 9-12-21.