Fertilizer Ordinance Stormwater Program Department of Public Works - PowerPoint PPT Presentation

Fertilizer Ordinance Stormwater Program Department of Public Works

Purpose The purpose of this presentation is to provide the Keep Lake Beautiful Advisory Committee information regarding the Lake County Fertilizer Ordinance.

Presentation Outline Lake County Fertilizer Ordinance  Background  Legislative Requirement  Fertilizer Model Ordinance  State Model Ordinance Development  Specific Requirements  County Comparisons  Commercial Applicator Program  Outreach Efforts

Background • Lake County has over 1,000 named lakes – Encompassing over 128,000 acres of water • Lakes are fundamental to Lake County’s unique quality of life and eco tourism industry. • Lakes are receiving bodies for stormwater runoff

Background • Previous development and industry practices have resulted in excessive nutrient loads to lakes • 2010 EPA reporting for Florida- 82% of assessed water bodies identified as “nutrient impaired”.

Background Total Maximum Daily Loads (TMDL) The State establishes the maximum amount of a pollutant that a water body can assimilate without falling below water quality standards. Implemented through the Basin Management Action Plan (BMAP) process. The Florida Department of Environmental Protection is responsible for administering the BMAP process. BMAP Obligations  Stormwater Retrofits & Restoration  Structural / non- structural BMP’s  Ordinance and Code Changes  Public Education / Outreach 6

Background Active BMAPs affecting Lake County • Upper Ocklawaha BMAP  Adopted August 2007  Target nutrient- Phosphorous • Wekiva BMAP  Adopted October 2015  Target nutrient- Nitrogen • Silver Springs BMAP  Adopted October 2015  Target nutrient- Nitrogen • 77% of the County is within a BMAP  Currently afforded De-Minimis Exemption from Middle Saint Johns River and Kissimmee River Basin BMAPS 7

Background Significant Milestones • 1997- Prioritized 252 watersheds – drainage problems, flood potential, pollution potential, receiving water body • 1999- Approval of Stormwater MSTU • 2001- First Basin Drainage Inventory and Evaluation 2005- NPDES MS-4 Permit Issued to Lake County • 2007- Upper Ocklawaha BMAP adopted by FDEP • 2008- Lot Grading Ordinance adopted • 2015- Silver Springs and Wekiva BMAPs adopted • 2016- Florida Springs and Aquifer Protection Act

Presentation Outline Lake County Fertilizer Ordinance  Background  Legislative Requirement  Fertilizer Model Ordinance  State Model Ordinance Development  Specific Requirements  County Comparisons  Commercial Applicator Program  Outreach Efforts

Legislative Requirement State Legislative Requirement • Florida Springs and Aquifer Protection Act F.S. 373.807 (2) By July 1, 2017 , each local government, as defined in s. 373.802(2), that has not adopted an ordinance pursuant to s. 403.9337, shall develop, enact, and implement an ordinance pursuant to that section . • Applies to Jurisdictions within a Springshed or Springs BMAP • Lake County is within two Springs BMAPS  Wekiwa Springshed and Wekiva BMAP  Silver Springs Springshed and BMAP

Presentation Outline Lake County Fertilizer Ordinance  Background  Legislative Requirement  Fertilizer Model Ordinance  State Model Ordinance Development  Specific Requirements  County Comparisons  Commercial Applicator Program  Outreach Efforts

Fertilizer Model Ordinance State Model Ordinance Development • 2003 Florida Department of Environmental Protection  Developed guidance document for model regulations and HOA restrictions  Worked with Water Management Districts, 1000 Friends of Florida, American Society of Landscape Architects, FDEP, FDACS and other involved agencies • 2007 Task Force on Fertilizer  Established by State Legislature  2008 Report and Recommendations to Legislature • 2009 and 2015 FDEP Updates  Refined Model Ordinance reflecting Task Force recommendations  Florida-Friendly Landscaping Program  2015 Labeling – Urban Turf Fertilizer Rule

Fertilizer Model Ordinance Specific Requirements • Applies to all Un-incorporated Lake County  Cities may adopt by reference or develop their own  Town of Montverde has an existing Fertilizer Ordinance • Requires Best Management Practices (BMP) for Applying Fertilizer  Applies to anyone applying fertilizer  Exemption provisions for bona fide agriculture operations and sports turf fields when those areas are complying with BMPs for their specific operation • Commercial Applicator Training and Certification  Reiterates State Certification requirements

Fertilizer Model Ordinance Specific Requirements • Fertilizer Ordinance BMPs  Fertilizer application per manufacturers’ product label (Section 5E 1.003 F.A.C)  10’ no - fertilizer application setback from water bodies  Application over paved surfaces prohibited  Application to saturated soils prohibited  Application prior to flood watch or tropical weather watch prohibited • Additional Requirements  Requires broadcast equipment to have cutoff shields  Requires clean up of errant fertilizer from sidewalks or driveways  Reiterates that no fertilizer or leaf litter materials may be discharged down a storm drain.

Presentation Outline Lake County Fertilizer Ordinance  Background  Legislative Requirement  Fertilizer Model Ordinance  State Model Ordinance Development  Specific Requirements  County Comparisons  Commercial Applicator Program  Outreach Efforts

County Comparisons • Other Jurisdictions  29 Counties adopted  Marion County 2008  Orange County 2009  Volusia County 2014  Seminole County 2017  Lake County 2017  50 Cities and Towns adopted since 2008

County Comparisons • Water Body Setbacks  State Model Ordinance requires a 10 foot fertilizer free zone from waterbodies Water Body Number of Setback Counties 10’ (Model Ord) 22 15’ 4 20’ 0 25’ or greater 3 76% Follow Model Ordinance Setback 14% Require Greater Setbacks

County Comparisons • Seasonal Blackouts  Model Ordinance does not prescribe a seasonal blackout Seasonal Number of Blackout Counties None 16* Summer 11 Winter 2 * Includes counties with Commercial exemptions to blackout 55% Do not have a seasonal blackout period 38% Have a summer season ban (June-Sept) 7% Have varying winter season bans

County Comparisons • Slow Release Requirements  Model Ordinance does not prescribe a minimum slow release content Slow Release Number of Counties None 14 Slow Release 15 48% Do not have a Slow Release requirement 52% Have a Slow Release requirement

County Comparisons • Enforcement Approach and Penalties  Compliance sought through Education and Outreach  Lake County Ordinance penalties follow standard Code Enforcement Civil Citation $150 first offense, $300 second, $500 thereafter If pursued through Special Magistrate- discretion up to $1,000 per day Penalty- 1 st Fined Violation Number of Counties $50-$100 11 $150-$250 4 Board or Special Master 14 Discretion $100-$1,000 100% indicated compliance is sought through Education and Outreach Higher expectation of compliance for Commercial Applicators and Retail Sales

Presentation Outline Lake County Fertilizer Ordinance  Background  Legislative Requirement  Fertilizer Model Ordinance  State Model Ordinance Development  Specific Requirements  County Comparisons  Commercial Applicator Program  Outreach Efforts

Commercial Applicator Program • Certification Requirement • Commercial Applicator Certification has been required by State Law since January 2014 • To be Certified must complete a six (6) hour course and exam • $25 Registration fee with FDACS • Course – Green Industry Best Management Practices

Commercial Applicator Program • Course Study • Introduction and Environmental Concerns • BMPs for Design and Installation • Irrigation • Maintenance • Fertilization • Pest Control • Course Availability  2,534 Trained in Lake and adjacent Counties  Offered regularly through IFAS network  Available on-line for $15 through University of FL IFAS website https://gibmp.ifas.ufl.edu/gibmp/study/featureCour ses-frame.faces

Presentation Outline Lake County Fertilizer Ordinance  Background  Legislative Requirement  Fertilizer Model Ordinance  State Model Ordinance Development  Specific Requirements  County Comparisons  Commercial Applicator Program  Outreach Efforts

Outreach Efforts • Citizen and Business Contact Efforts • Commercial Applicators • Homeowners Associations and Management Companies • Fertilizer Retail Sales • Press Releases • Fertilizer Ordinance specific Press Releases • Supplements IFAS Extension Press Releases on Florida Friendly • Website  Lake County Public Works/ Environmental Resources  Adds to resources from IFAS Extension Website https://www.lakecountyfl.gov/departments/public_works/environmental_services/f ertilizer-ordinance.aspx