BMP Development

In 1999, the Florida Legislature enacted the Florida Watershed Restoration Act (FWRA) s. 403.067 F.S. The FWRA specifically outlines the process for the Florida Department of Environmental Protection (FDEP) to develop and implement total maximum daily loads (TMDLs) for impaired waters of the state. Section 303(d) of the Clean Water Act requires states to submit lists of surface waters that do not meet applicable water quality standards and to establish TMDLs for these waters on a prioritized schedule. TMDLs are defined as the maximum amount of a pollutant that a waterbody can receive and still meet the water quality standards as established by the Clean Water Act of 1972. A portion of the allowable amount of each pollutant will be allocated to each of the contributing sources (i.e. citrus, pasture, urban areas, golf courses, etc).

The purpose of the FWRA was to better coordinate the numerous pollution control efforts that were implemented prior to 1999 and develop a standard to address future water quality issues. The FWRA requires that TMDLs be developed for all pollution sources "agricultural and urban" to ensure water quality standards are achieved. The FWRA effects all Floridians thus, in order to effectively implement the TMDL program the FDEP coordinates its efforts with a variety of entities including the Florida Department of Agriculture and Consumer Services, the Water Management Districts, the local Soil and Water Conservation Districts, the environmental community, the agricultural community, as well as concerned citizens.

While the ultimate responsibility for establishing and meeting TMDL water quality goals rests with FDEP, FDACS now assumes the leadership role when dealing with agriculture’s non-point source pollution challenges. To accomplish this task FDACS must coordinate with FDEP and other stakeholders to identify, develop and adopt by rule science-based best management practices (BMPs) for agricultural land uses. BMPs must be environmentally protective, based on science, be economically viable, and they must be focused on real problems and solutions that work. The priorities for BMP implementation are to correct existing water quality and quantity problems and to minimize water quality and quantity problems resulting from agricultural operations.

BMP measures are not regulatory or enforcement-based, they are strictly voluntary. As part of the BMP implementation, growers perform an environmental assessment of their operations. This process identifies which BMPs should be considered to achieve the greatest economic and environmental benefit. The adopted BMPs may be a single practice or grouping of practices that, when implemented, are designed to improve water quality. The BMPs that are selected for each parcel of land with a tax ID are specified on a Notice of Intent to Implement and submitted to FDACS. If the practices are not yet implemented, the dates when them will be implemented are included on the Notice of Intent. Once enrolled in the BMP program, landowners must maintain records and provide documentation regarding the implementation of all BMPs (i.e. fertilizer application dates and amounts, or design and construction details of a water control structure).

One of the most innovative elements of the FWRA, and the associated agricultural BMP program is the Presumption of Compliance with water quality standards to landowners who voluntarily implement adopted BMPs that have been verified to be effective by FDEP. This component of the FWRA provides a powerful incentive to encourage landowners to enroll in the BMP programs since landowners are protected from cost recovery by the state if water quality standards are not met. This unique approach to addressing water quality concerns has been well received by the environmental and agricultural communities alike and as a result is becoming the primary method for addressing water quality concerns. In addition, growers enrolled in the BMP program become eligible for cost-sharing funds to implement specific BMP practices.

In all BMPs, education is a key factor to ensure success of the programs. Growers and landowners, need to be part of the solutions to reduce the environmental impact of their agricultural operations. All are encouraged to take part in the many IFAS-sponsored educational events that are designed to help understand the water-related issues and the role of BMPs in addressing these problems. Most importantly, the agricultural laborers and applicators need to have specific training to ensure the at their activities (fertilizer application, spraying, etc.) are accomplished safely with proper techniques to minimize environmental effects.