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Palm Beach County Fertilizer Ordinance: Protecting Water Bodies

Learn about the Florida-Friendly Fertilizer Use Ordinance in Palm Beach County, adopted in October 2012, to regulate fertilizer application. The process, provisions, and key definitions are outlined.

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Palm Beach County Fertilizer Ordinance: Protecting Water Bodies

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  1. 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 U F ufufufufufufufufufuf U F ufufufuufufufufufufufufufufufufufuf Photo: Maryland Department of Agriculture

  2. Palm Beach CountyFlorida-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

  3. Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceDrafting Committee • 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

  4. Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceThe Process • 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.)

  5. Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceThe Process • 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

  6. Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceThe 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

  7. Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceThe Process • Stricter provision in PB Ordinance vs. • State Model Ordinance • 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

  8. Palm Beach CountyFlorida-Friendly Fertilizer Use Ordinance • Only applies to • Unincorporated Palm Beach County • However, municipalities not off the hook

  9. Palm Beach County Municipalities Likely Required to Have Fertilizer Ordinances – They Discharge Into Impacted Water Bodies - 26 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 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

  10. Palm Beach County Municipalities Currently With Fertilizer Ordinances (April 2013) – 20 so far, we think!Most on Municode: http://www.municode.com/library/FL Lantana Mangonia Park Pahokee Palm Springs Palm Beach Gardens Riviera Beach Royal Palm Beach Tequesta Wellington West Palm Beach Belle Glade Cloud Lake Delray Beach* Greenacres Gulf Stream Hypoluxo Jupiter Jupiter Inlet Colony Lake Park Lake Worth • Not yet on MuniCode Source: Laurie Albrecht, Palm Beach County Extension

  11. Palm Beach County Ordinance Source: http://library.municode.com/index.aspx?clientId=10323

  12. Remember, We Live on a “Sandbar”

  13. Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceProvisions • 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

  14. Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceSome 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.

  15. Palm Beach CountyFlorida-Friendly Fertilizer Use Ordinance What If You Did Not Get These By January 1, 2014? Photo: UF Schall

  16. Palm Beach CountyFlorida-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

  17. Palm Beach CountyFlorida-Friendly Fertilizer Use Ordinance • 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

  18. Palm Beach CountyFlorida-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

  19. Palm Beach CountyFlorida-Friendly Fertilizer Use Ordinance • 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

  20. http://www.pbcgov.com/coextension/horticulture/commercial/pdf/fertOrdinanceCountyFactSheet.pdfhttp://www.pbcgov.com/coextension/horticulture/commercial/pdf/fertOrdinanceCountyFactSheet.pdf

  21. BMPs Golf Courses Guided by

  22. Questions on Florida Friendly Fertilizer Ordinance Requirements?

  23. 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

  24. 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

  25. 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

  26. 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

  27. 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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