U F ufufufufufufufufufuf Palm Beach County FloridaFriendly Fertilizer Use Ordinance Chapter 11 Article 17 Section 11401 through 11416 Adopted Oct 30 2012 Bill Schall Commercial Hort Agent ID: 493758
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Palm Beach County
Florida-Friendly Fertilizer Use OrdinanceChapter 11, Article 17, Section 11-401 through 11-416Adopted Oct. 30, 2012
Bill SchallCommercial Hort. Agent
Palm Beach County Extension531 N. Military TrailWest Palm Beach, Fl561.233.1725
Photo: Maryland Department of AgricultureSlide2
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 meetingsSlide3
Palm Beach CountyFlorida-Friendly Fertilizer Use
OrdinanceDrafting CommitteePrincipal Members
Audrey Norman, CED – Chair
Also, her secretary took minutesAlan Wertepny, Mock Roos Engineering, Municipal Separate Storm Sewer Systems (MS4) permit coordinator for Palm Beach CountyKen Todd, Palm Beach County Water Resource ManagerBill Schall, Commercial Horticulture Extension Agent
Photo: UF SchallSlide4
Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceThe Process
Reviewed state model ordinance as original working draftRewrote to incorporate locally acceptable languageSlight additional provisions mostly pushed by Alan Wertepny
Met with PB County Code Enforcement head to work out enforcement
County attorney reviewPresented to groups in community before public meetings (Sierra Club, local FNGLA, LMA, etc.)Slide5
Palm Beach County
Florida-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 enoughAppeared not very interested in the “science” supporting ordinance provisionsPassed with implementation October 30, 2012 with required review in one year before BCCMost provisions kicked in January 1, 2014Photo: Indian River County, FloridaSlide6
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 MeetingsRelease and public information process primarily as advised by PB County Water Resource Manager, Ken Todd via consultation with County AdministratorSlide7
Palm Beach CountyFlorida-Friendly Fertilizer Use
OrdinanceThe ProcessStricter 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 SchallSlide8
Palm Beach CountyFlorida-Friendly Fertilizer Use Ordinance
Only applies to Unincorporated Palm Beach CountyHowever, municipalities not off the hookSlide9
Palm Beach County Municipalities Likely Required to Have Fertilizer Ordinances – They Discharge Into Impacted Water Bodies - 26Source: Alan Wertepny, PB County MS4 Coordinator
AtlantisBelle GladeBoca RatonBoynton BeachDelray Beach
Golf, Village ofGulf StreamHighland Beach
HypoluxoJupiterJupiter Inlet ColonyLake WorthLantanaLoxahatchee GrovesMangonia ParkOcean Ridge
PahokeePalm Beach CountyPalm Beach GardensPalm SpringsRiviera BeachRoyal Palm BeachSouth BayTequestaWellington
West Palm BeachSlide10
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 GladeCloud LakeDelray Beach
*GreenacresGulf Stream
HypoluxoJupiterJupiter Inlet ColonyLake Park Lake WorthLantanaMangonia
ParkPahokeePalm SpringsPalm Beach GardensRiviera BeachRoyal Palm BeachTequestaWellingtonWest Palm Beach
Source: Laurie Albrecht, Palm Beach County ExtensionNot yet on MuniCodeSlide11
Palm Beach County Ordinance
Source: http://library.municode.com/index.aspx?clientId=10323Slide12
Remember, We Live on a “Sandbar”Slide13
Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceProvisions
Regulates proper use of fertilizer by applicatorsEstablishes training & license requirementsEstablishes prohibited application periods
Identifies fertilizer buffer zonesSpecifies application rates and methods
Identifies specific exemptionsProvides for enforcement & penalties for non complianceSlide14
Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceSome Key Definitions
Commercial ApplicatorApply 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.Slide15
Palm Beach CountyFlorida-Friendly Fertilizer Use
OrdinanceWhat If You Did Not Get These By January 1, 2014?
Photo: UF SchallSlide16
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 ServicesSlide17
Palm Beach County
Florida-Friendly Fertilizer Use OrdinanceFertilizer 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 SchallSlide18
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 Slide19
Palm Beach County
Florida-Friendly Fertilizer Use OrdinanceFertilizer 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 roadwaysPhoto: UF SchallSlide20
http://www.pbcgov.com/coextension/horticulture/commercial/pdf/fertOrdinanceCountyFactSheet.pdfSlide21
BMPs Golf Courses Guided bySlide22
Questions on Florida Friendly Fertilizer Ordinance Requirements?Slide23
Palm Beach County COOP. E X T E N S I O N SERVICE
Palm Beach CountyFlorida-Friendly Fertilizer Use Ordinance
Ord. No. 2012-039 Adopted Oct. 30, 2012
Bill SchallCommercial Horticulture Extension Agent561.233.1725Slide24Slide25
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 FloridaSlide26
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 operatingSlide27
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 operatingSlide28
Automatic Sprinkler Systems
Florida Statute Chapter 373.62Properties 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 exemptionPhoto: University of Florida