Current through Reg. 50, No. 187; September 24, 2024
(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 Section
403.067, F.S., 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.
New 11-1-17, Amended
9-12-21.
