Palm Beach County Fertilizer Use Ordinance - Florida

Report
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
Chapter 11, Article 17, Section 11-401 through 11-416
Adopted Oct. 30, 2012
Bill Schall
Commercial Hort. Agent
Palm Beach County
Extension
531 N. Military Trail
West Palm Beach, Fl
561.233.1725
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Photo: Maryland Department of Agriculture
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Palm Beach County
Florida-Friendly Fertilizer Use Ordinance

Based on requirement by Florida Legislature
(SB 494) passed in June 2009

Requires county and local governments in
Florida with “impacted water bodies” to
develop a local fertilizer ordinance by 2013

Began meetings to write draft ordinance in
April 2011 – about monthly meetings
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
Principal Members
• Audrey Norman, CED – Chair
Also, her secretary took minutes
• Alan Wertepny, Mock Roos
Engineering, Municipal Separate Storm
Sewer Systems (MS4) permit coordinator
for Palm Beach County
• Ken Todd, Palm Beach County Water
Resource Manager
• Bill Schall, Commercial Horticulture
Extension Agent
Photo: UF Schall
Drafting Committee
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
The Process
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•
•
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Reviewed state model ordinance as original
working draft
Rewrote to incorporate locally acceptable language
Slight additional provisions mostly pushed by Alan
Wertepny
Met with PB County Code Enforcement head to
work out enforcement
County attorney review
Presented to groups in community before public
meetings (Sierra Club, local FNGLA, LMA, etc.)
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
•
•
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Board of County Commissioners (BCC) with
public comments in October 2012 with some
significant opposition by individuals appearing
to be linked with Sierra Club
• Several concerns, but essentially that the
proposed ordinance was not strict enough
• Appeared not very interested in the “science”
supporting ordinance provisions
Passed with implementation October 30, 2012
with required review in one year before BCC
Most provisions kicked in January 1, 2014
Photo: Indian River County, Florida
The Process
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
The Process
Educational process was primarily:
•
•
•
By Schall with the drafting committee to make as
consistent as possible with current IFAS
recommendations
With groups like FNGLA and LMA so that they
understood the final draft before BCC Meetings
Release and public information process primarily
as advised by PB County Water Resource
Manager, Ken Todd via consultation with County
Administrator
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
The Process
•
Requires “Institutional” applicators to attend
training and successfully obtain GI BMP
Certificate of Training (includes golf courses)
•
Requires Commercial Applicator businesses to
have at least one person in company with
Limited Certification for Urban Landscape
Commercial Fertilizer to obtain or renew
business license (includes golf courses)
Photo: UF Schall
Stricter provision in PB Ordinance vs.
State Model Ordinance
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance

Only applies to
Unincorporated Palm Beach County

However, municipalities not off the
hook
Palm Beach County Municipalities Likely Required to
Have Fertilizer Ordinances – They Discharge Into
Impacted Water Bodies - 26
Atlantis
Belle Glade
Boca Raton
Boynton Beach
Delray Beach
Golf, Village of
Gulf Stream
Highland Beach
Hypoluxo
Jupiter
Jupiter Inlet Colony
Lake Worth
Lantana
Source: Alan Wertepny, PB County MS4 Coordinator
Loxahatchee Groves
Mangonia Park
Ocean Ridge
Pahokee
Palm Beach County
Palm Beach Gardens
Palm Springs
Riviera Beach
Royal Palm Beach
South Bay
Tequesta
Wellington
West Palm Beach
Palm Beach County Municipalities Currently With Fertilizer
Ordinances (April 2013) – 20 so far, we think!
Most on Municode: http://www.municode.com/library/FL
Belle Glade
Cloud Lake
Delray Beach*
Greenacres
Gulf Stream
Hypoluxo
Jupiter
Jupiter Inlet Colony
Lake Park
Lake Worth
Source: Laurie Albrecht, Palm Beach County Extension
Lantana
Mangonia Park
⃰ Not yet on
Pahokee
MuniCode
Palm Springs
Palm Beach Gardens
Riviera Beach
Royal Palm Beach
Tequesta
Wellington
West Palm Beach
Palm Beach County Ordinance
Source: http://library.municode.com/index.aspx?clientId=10323
Remember, We Live on a “Sandbar”
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
Provisions
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Regulates proper use of fertilizer by applicators
Establishes training & license requirements
Establishes prohibited application periods
Identifies fertilizer buffer zones
Specifies application rates and methods
Identifies specific exemptions
Provides for enforcement & penalties for non
compliance
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
Some Key Definitions
Commercial Applicator
Apply fertilizer for hire, generally working on multiple
properties owned by paying clients. Must hold a Limited
Urban Commercial Fertilizer Applicator Certification
by January 1, 2014. Florida Statute 482.1562 also
requires this.
Institutional Applicator
Apply fertilizer to properties owned by their employer
including golf courses, municipal and county parks and
public works employees and staff of multi-family
communities or hotels. Must hold a GI BMP Certificate
of training completion by January 1, 2014.
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
What If You Did Not Get These
By January 1, 2014?
Photo: UF Schall
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
• All commercial applicators of fertilizer within Palm Beach County, shall
have and carry in their possession at all times when applying fertilizer,
evidence of certification by the Florida Department of Agriculture and
Consumer Services
Palm Beach County
Fertilizer application is prohibited during a Flood
Watch or Warning, a Tropical Storm Watch or
Warning, or a Hurricane Watch or Warning is in
effect for any portion of Palm Beach County,
issued by the National Weather Service, or if
heavy rain - 2 inches or more within a 24 hour
period is likely.
Photo: UF Schall
Florida-Friendly Fertilizer Use Ordinance
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance

Fertilizer shall not be applied within 10 feet (or 3
feet if a deflector shield or drop spreader is used)
of any pond, stream, water body, lake, canal, or
wetland

In this zone, newly planted turf or landscape
plants may be fertilized only for a 60 day period
beginning no sooner than 30 days after planting if
needed to allow the plants to become well
established
Palm Beach County

Fertilizer applied or spilled on any impervious
surface shall be immediately and completely
removed

No fertilizer can be washed, swept, or blown off
impervious surfaces into storm water drains,
ditches, conveyances, or water bodies

No grass clippings, vegetative material, or
debris can intentionally be washed, swept, or
blown on to or into storm water drains, ditches,
conveyances, water bodies, wetlands,
sidewalks or roadways
Photo: UF Schall
Florida-Friendly Fertilizer Use Ordinance
http://www.pbcgov.com/coextension/horticulture/commercial/pdf/fertOrdinanceCountyFactSheet.pdf
BMPs Golf Courses Guided by
Questions on Florida Friendly
Fertilizer Ordinance Requirements?
Palm Beach County
Florida-Friendly Fertilizer Use Ordinance
Ord. No. 2012-039 Adopted Oct. 30, 2012
Bill Schall
Commercial Horticulture
Extension Agent
561.233.1725
Palm Beach County
COOP. E X T E N S I O N SERVICE
Automatic Sprinkler Systems
Florida Statute Chapter 373.62

Any person who purchases and installs an
automatic landscape irrigation system must
properly install, maintain, and operate technology
that inhibits or interrupts operation of the system
during periods of sufficient moisture
Photo: University of Northern Colorado
Photo: University of Florida
Automatic Sprinkler Systems
Florida Statute Chapter 373.62

Licensed contractor who installs or performs work
on system must test for the correct operation of
all interrupting devices.

If not installed in the system or are not in proper
operating condition, contractor must install new
ones or repair the existing ones & confirm that
each is properly operating
Automatic Sprinkler Systems
Florida Statute Chapter 373.62

Licensed contractors minimum penalty must be
$50 for a first offense, $100 for a second offense,
and $250 for a third or subsequent offense

Annually, a professional engineer licensed under
chapter 471 or a professional landscape architect
licensed under chapter 481 shall perform an
annual maintenance review of all soil moisture
sensor control systems & certify to the monitoring
entity which systems are properly operating
Automatic Sprinkler Systems
Florida Statute Chapter 373.62

Properties utilizing “smart” soil moisture sensor
devices are exempt from water use restrictions

Smart means soil moisture sensor control
system that has remote monitoring and
adjustment capability

Requires obtaining a variance from the
SFWMD for exemption
Photo: University of Florida

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