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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.

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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


Palm beach county florida friendly fertilizer use ordinance

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


Palm beach county florida friendly fertilizer use ordinance drafting committee

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


Palm beach county florida friendly fertilizer use ordinance the process

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.)


Palm beach county florida friendly fertilizer use ordinance the process1

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


Palm beach county florida friendly fertilizer use ordinance the process2

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


Palm beach county florida friendly fertilizer use ordinance the process3

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


Palm beach county florida friendly fertilizer use ordinance1

Palm Beach CountyFlorida-Friendly Fertilizer Use Ordinance

  • Only applies to

  • Unincorporated Palm Beach County

  • However, municipalities not off the hook


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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


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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


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Palm Beach County Ordinance

Source: http://library.municode.com/index.aspx?clientId=10323


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Remember, We Live on a “Sandbar”


Palm beach county florida friendly fertilizer use ordinance provisions

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


Palm beach county florida friendly fertilizer use ordinance some key definitions

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.


Palm beach county florida friendly fertilizer use ordinance2

Palm Beach CountyFlorida-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 ordinance3

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


Palm beach county florida friendly fertilizer use ordinance4

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


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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


Palm beach county florida friendly fertilizer use ordinance6

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


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


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BMPs Golf Courses Guided by


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Questions on Florida Friendly Fertilizer Ordinance Requirements?


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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

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 373 621

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 373 622

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 373 623

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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