Board of County Commissioners Meeting September 22, 2009 PROPOSED FERTILIZER ORDINANCE

PURPOSE R EDUCE NUTRIENT POLLUTION IN A LACHUA C OUNTY ’ S CREEKS, PONDS, LAKES, RIVERS, SPRINGS, AND GROUNDWATER FROM LANDSCAPE FERTILIZERS

Background Local government adoption of Model Ordinance required by recently approved Water Conservation Bill, Senate Bill 494 Model Ordinance was developed by Florida Consumer Fertilizer Task Force in 2008 Some local government have adopted local ordinances based on Model Ordinance (Marion, Lee, Sarasota Counties, Jacksonville)

Public Meetings Community Planning Group -September 16, 2008 Board of County Commissioners -November 25, 2008 Landscape Maintenance Stakeholders - February 24, 2009 Board of County Commissioners - July 14, August 25, 2009

Community Outreach February 2008 – May 2009 Environmental Protection Advisory Committee Rural Concerns Advisory Committee University of Florida – IFAS Municipalities General Public

Ordinance Sections Timing of Fertilizer Application Fertilizer Free Zones & Low Maintenance Zones Application Rates Application Practices & Grass Clippings Exemptions Training & Licensing Enforcement

Timing of Fertilizer Application Prohibited Application Period means the time period during which a flood watch or warning, or a tropical storm watch or warning, or a hurricane watch or warning, is in effect for any portion of Alachua County, issued by the National Weather Service, or if rainfall greater than or equal to 2 inches in a 24-hour period is likely.

Fertilizer Free Zones & Low Maintenance Zones 10 feet (3ft deflector shield) of any surface water body If more stringent code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf may be fertilized for the first sixty (60) day establishment period A voluntary 6 foot low maintenance zone from any surface water body is strongly recommended, but not mandated

Application Rates “Recommendations for N, P, K and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich 1 Extractant,” (IFAS 2007) “BMP’s for the Enhancement of Environmental Quality on Florida Golf Courses,” (FDEP 2007) Rule 5E-l.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers

Application Practices & Grass Clippings Use of deflector shields with rotary spreaders Spill cleanup and waste management No disposal of grass clippings stormwater management system or surface water bodies

Training & Licensing Commercial & Institutional Applicators “Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries” Non-Commercial Applicators (Recommended) “Florida Yards and Neighborhoods Program” Provide proof of training to County Environmental Protection Department

Enforcement In addressing residential violations county staff shall provide an educational approach that emphasizes environmental awareness in order to achieve compliance prior to initiating enforcement action with the use of the provisions of Chapter 24

Enforcement Section Timing Class I Section Free Zones Class III Section78.07 Content and rates Class I Section ApplicationClass III Section Grass clippings Class III Section Training Class II Section Licensing Class II Class I $50.00 Class II$75.00Class III $125.00

Applicability to Municipalities Initial adoption proposed for unincorporated Alachua County only Proposed provision for municipalities to subsequently request to “opt in” for inclusion in County ordinance. Proposed future amendments to County ordinance to incorporate municipalities that request “opt in”.

ISSUES Current budget and staffing constraints will limit proposed implementation efforts Implementation will focus on public education and compliance Enforcement will be complaint based

ISSUES SB 494 authorizes implementation of “additional or more stringent fertilizer-management practices at the local government level” based upon consideration of “all relevant scientific information…on the need for additional or more stringent provisions….” Staff has not yet developed an adequate basis to support more stringent requirements (e.g. fertilizer free zones and blackout periods)

Staff Recommendation Adopt proposed ordinance adopting the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes

Public Comments