5M-10.001: Purpose and Applicability
5M-10.002: Definitions
5M-10.003: Land Application Requirements
5M-10.004: Record Keeping
PURPOSE AND EFFECT: The purpose of this proposed rule is to provide requirements for agricultural operations that land-apply animal manure in the Caloosahatchee and St. Lucie River watersheds. Adherence to these requirements will reduce non-point source nutrient-related impacts within these watersheds and will help ensure that discharges from farms using manure as a fertilizer product have minimal individual or cumulative adverse impacts to state water resources.
SUMMARY: This proposed rule establishes requirements for agricultural operations that land-apply animal manure in the Caloosahatchee and St. Lucie River watersheds, including a threshold beyond which producers must develop and implement a Conservation Plan or Nutrient Management Plan that contains specific manure application requirements and limitations. The rule also requires record-keeping provisions.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.4595(4)(a)2., 373.4595(4)(b)2. FS.
LAW IMPLEMENTED: 373.4595(4)(a)2., 373.4595(4)(b)2. FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bill Bartnick, Environmental Administrator, Office of Agricultural Water Policy, 1203 Governor’s Square Blvd., Suite 200, Tallahassee, Florida 32301, (850)617-1700 or fax (850)617-1701
THE FULL TEXT OF THE PROPOSED RULE IS:
5M-10.001 Purpose and Applicability.
The purpose of this rule is to provide requirements for agricultural operations that land-apply animal manure in the Caloosahatchee and St. Lucie River watersheds. Animal feeding operations or concentrated animal feeding operations subject to the permitting requirements in Chapter 62-670, F.A.C., are not affected by this rule.
Specific Authority 373.4595(4)(a)2., 373.4595(4)(b)2. FS. Law Implemented 373.4595(4)(a)2., 373.4595(4)(b)2. FS. History– New________.
5M-10.002 Definitions.
(1) “Animal Manure” is animal excrement or animal waste and any mixed materials, including bedding, compost, yard waste, or other raw materials.
(2) “Conservation Plan” is a record of the decisions and supporting information for treatment of a unit of land or water consistent with the NRCS Field Office Technical Guide (FOTG) quality criteria for soil, water, air, plants, and animals, and takes into account economic and social considerations. The plan must be consistent with the NRCS National Planning Procedures Handbook, as amended, be approved by NRCS or an authorized technical service provider, and specify the schedule of operations and activities needed to address identified natural resource issues. The National Planning Procedures Handbook, Amendment 4, may be viewed at http://policy.nrcs.usda.gov, or obtained from USDA/ NRCS,P.O. Box 141510, 2614 N. W. 43rd St., Gainesville, FL 32614-1510.
(3) “Nutrient Management Plan” is a record of the agricultural operation’s planned actions developed in accordance with Section IV, Code 590 of United States Department of Agriculture-Natural Resources Conservation Service (NRCS) FOTG. Nutrient Management Plans specify the amount, placement, form, and timing of the application of nutrients, including manure, animal by-products, and soil amendments. The plan must be approved by NRCS or an authorized technical service provider. Code 590, Nutrient Management, may be viewed at http://www.nrcs.usda.gov/Technical/efotg/, or obtained from NRCS, P. O. Box 141510, 2614 N. W. 43rd St., Gainesville, FL 32614-1510.
Specific Authority 373.4595(4)(a)2., 373.4595(4)(b)2. FS. Law Implemented 373.4595(4)(a)2., 373.4595(4)(b)2. FS. History– New________.
5M-10.003 Land Application Requirements.
(1) Agricultural operations that land-apply animal manure within the Caloosahatchee and St. Lucie River watersheds shall:
(a) Apply manure uniformly at a phosphorous-based agronomic rate, as determined by soil 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 sinkhole, wetland or other surface waters as defined in Section 403.031, F.S.; and
(d) Not apply manure within 100 feet of an existing drinking water well.
(2) In addition to meeting the requirements in subsection (1), 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 Rule 5M-10.002, F.A.C. The Nutrient Management Plan may be developed as part of a Conservation Plan as defined in Rule 5M-10.002, F.A.C. The plan shall be updated at least every five years; and
(b) Not apply manure within 50 feet of any sinkhole, wetland or surface waters as defined in Section 403.031, F.S.
Specific Authority 373.4595(4)(a)2., 373.4595(4)(b)2. FS. Law Implemented 373.4595(4)(a)2., 373.4595(4)(b)2. FS. History– New________.
5M-10.004 Record Keeping.
All agricultural operations affected by this rule 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 submit this information annually to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 1203 Governors Square Blvd., Suite 200, Tallahassee, Florida 32301. Producers who are required to have a Conservation Plan or Nutrient Management Plan pursuant to Rule 5M-10.003, F.A.C., must keep these plans onsite. All record-keeping documentation must be maintained for a minimum of five years and is subject to inspection.
Specific Authority 373.4595(4)(a)2., 373.4595(4)(b)2. FS. Law Implemented 373.4595(4)(a)2., 373.4595(4)(b)2. FS. History– New________.