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Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceChapter 11, Article 17, Section 11-401 through 11-416

Adopted Oct. 30, 2012

Bill SchallCommercial Hort. Agent

Palm Beach County Extension

531 N. Military TrailWest Palm Beach, Fl

561.233.1725

Photo: Maryland Department of Agriculture

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


Drafting 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

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The 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.)


The 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

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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


The 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)

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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

Source: Alan Wertepny, PB County MS4 Coordinator

AtlantisBelle GladeBoca RatonBoynton BeachDelray BeachGolf, Village ofGulf StreamHighland BeachHypoluxoJupiterJupiter Inlet ColonyLake WorthLantana

Loxahatchee GrovesMangonia ParkOcean RidgePahokeePalm Beach CountyPalm Beach GardensPalm SpringsRiviera BeachRoyal Palm BeachSouth BayTequestaWellingtonWest 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 GladeCloud LakeDelray Beach*GreenacresGulf StreamHypoluxoJupiterJupiter Inlet ColonyLake Park Lake Worth

LantanaMangonia ParkPahokeePalm SpringsPalm Beach GardensRiviera BeachRoyal Palm BeachTequestaWellingtonWest Palm Beach

Source: Laurie Albrecht, Palm Beach County Extension

FNot yet on MuniCode

http://www.municode.com/library/FL

Palm Beach County Ordinance

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

Remember, We Live on a “Sandbar”


Provisions

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


Some Key DefinitionsCommercial 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 ApplicatorApply 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.


What If You Did Not Get These By January 1, 2014?

Photo: UF Schall

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


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.

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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


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

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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

COOP. E X T E N S I O N SERVICE

Palm Beach CountyFlorida-Friendly Fertilizer Use OrdinanceOrd. No. 2012-039 Adopted Oct. 30, 2012

Bill SchallCommercial Horticulture

Extension Agent561.233.1725

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


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


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


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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