(1) Animal feeding operations or concentrated animal feeding operations subject to the permitting requirements in rule Fl. Admin. Code Chapter 62-670, are not affected by this section.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

    (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 Fl. Admin. Code R. 5M-3.002 The nutrient management plan may be included as part of a conservation plan developed or grandfathered pursuant to Fl. Admin. Code R. 5M-3.003 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 Fl. Admin. Code Chapter 5M-3, 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 Fl. Admin. Code R. 5M-3.004(3)(a)
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. History-New 10-23-03, Amended 6-28-06, 8-15-11.