Section 5M-8.003 - Presumption of CompliancePursuant to Section 403.067(7)(c)3., F.S., implementation of best management practices (BMPs), in accordance with this rule chapter, that have been verified by the Florida Department of Environmental Protection as effective in reducing pollutants addressed by the practices, provides a presumption of compliance with state water quality standards and release from the provisions of Section 376.307(5), F.S., for those pollutants. In order to qualify for a presumption of compliance and release from Section 376.307(5), F.S., the applicant must:
(1) Submit the Notice of Intent to Implement:(a) As provided in Rule 5M-8.004, F.A.C., that identifies the applicable BMPs, or(b) If the property is located in the Everglades Agricultural Area or C-139 and Western Basins Area, submit the Notice of Intent to Implement as provided in Rule 5M-8.005, F.A.C.;(2) Implement all applicable BMPs in accordance with the requirements in Rule 5M-8.004 or 5M-8.005, F.A.C.;(3) Implement all applicable BMPs no later than 18 months after submittal of the NOI; and, (4) Maintain documentation, in accordance with Rule 5M-8.006, F.A.C., to verify the implementation and maintenance of the identified BMPs.(5) The presumption of compliance applies only to phosphorus and nitrogen for producers within the Everglades Agricultural Area or C-139 and Western Basins Area.Fla. Admin. Code Ann. R. 5M-8.003
Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS.
New 2-8-06, Amended by Florida Register Volume 41, Number 184, September 22, 2015 effective 10/7/2015.New 2-8-06, Amended 10-7-15.