HomeMy WebLinkAbout14-003ORDINANCE NO. 2014-3
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
FOR ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 1-7.6,
~~ENVIRONMENTAL PROTECTION", OF THE ST. LUCIE COUNTY
CODE AND COMPILED LAWS ESTABLISHING REGULATIONS FOR
PROPER USE OF FERTILIZERS IN THE UNINCORPORATED AREA
OF ST. LUCIE COUNTY; AMENDING ARTICLE IV, ~~FLORIDA-
FRIENDLY FERTILIZER USE"; AMENDING SECTION 1-7.6-45,
'DEFINITIONS" TO ADD DEFINITIONS AND TO DELETE THE
DEFINITION OF ~~PROHIBITED APPLICATION PERIOD";
AMENDING SECTION 1-7.6-47 ~~TIMING OF FERTILIZER
APPLICATION" PROHIBITING APPLICATION OF CERTAIN
FERTILIZERS FROM JUNE 1 THROUGH SEPTEMBER 30 DURING
CERTAIN WEATHER EVENTS OR WHEN HEAVY RAINS ARE
EXPECTED; AMENDING SECTION 1-7.6-48 ~~FERTILIZER FREE
ZONES" TO DELETE THE PROVISION ALLOWING A 3 FOOT
SETBACK WHEN A DEFLECTOR SHIELD IS USED; AMENDING
SECTION 1-7.6-50 ~~FERTILIZER CONTENT AND APPLICATION
RATES" TO PROVIDE THAT NO FERTILIZER CONTAINING
PHOSPHOROUS SHALL BE APPLIED TO TURF OR LANDSCAPE
PLANTS IN UNINCORPORATED ST. LUCIE COUNTY UNLESS A
SOIL OR PLAN TISSUE DEFICIENCY IS VERIFIED BY AN
APPROVED TESTING METHODOLOGY; FURTHER AMENDING
SECTION 1-7.6-50 TO PROVIDE THAT THE NITROGEN CONTENT
OF FERTILIZER APPLIED TO TURF OR LANDSCAPE PLANTS
SHALL CONTAIN AT LEAST 50% SLOW RELEASE NITROGEN PER
GUARANTEED ANALYSIS LABEL; AMENDING SECTION 1-7.6-52
~~MANAGEMENT OF GRASS CLIPPINGS AND VEGATATIVE
MATTER" TO PROVIDE THAT GRASS CLIPPINGS BE BLOWN ON
THE LAWN OR REMOVED; AMENDING SECTION 1-7.6-53 TO
CREATE ~~GENERAL EXEMPTIONS"; CREATING SECTION 1-7.6-
54 ~~SPECIFIC EXEMPTIONS"; CREATING SECTION 1-7.6-55
~~SOIL TEST INFORMATION"; AMENDING SECTION 1-7.6-57
~~LICENSING~ OF COMMERCIAL APPLICATORS" TO DELETE
NONAPPLICABLE PROVISIONS; PROVIDING FOR CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR APPLICABILITY; PROVIDING FOR FILING WITH
DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION
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WHEREAS, pursuant to Section 403.9337, Florida Statutes, each county and
municipal government located within the watershed of a water body or water
segment that is listed as impaired by nutrients pursuant to Section 403.067, F.S.
shall, at a minimum, adopt the Florida Department of Environmental Protection's
Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes.
WHEREAS, the Florida Department of Environmental Protection has identified
specific water bodies in St. Lucie County as "impaired" as a result of excess
nutrients under the Florida Impaired Waters Rule, Chapter 62-303, Florida
Administrative Code.
WHEREAS, surface water runoff containing excess nutrients leaves residential
neighborhoods, farms, commercial centers, industrial areas and other lands of St.
Lucie County with low permeability soils.
WHEREAS, base-flow runoff containing excess nutrients flows from residential
neighborhoods, farms, commercial centers, industrial areas, and other lands of St.
Lucie County with high permeability soils.
WHEREAS, surface water and baseflow runoff containing excess nutrients
enters into natural and artificial stormwater and drainage conveyances and natural
water bodies in St. Lucie County.
WHEREAS, the detrimental effects of nutrient-laden runoff are magnified in a
coastal community such as St. Lucie County, due to the proximity of stormwater
and drainage conveyances to coastal waters.
WHEREAS, nutrient-laden runoff fosters plant and algae growth.
WHEREAS, the quality of our rivers, estuaries, streams, lakes and the offshore
waters of the Atlantic Ocean is critical to environmental, economic and recreational
prosperity and to the health, safety and welfare of the citizens of St. Lucie County.
WHEREAS, recent algae blooms have heightened community concerns about
water quality and eutrophication of surrounding waters.
WHEREAS, leaching and runoff of nutrients from improper landscaping or
excess fertilization practices upstream of as well as within St. Lucie County can
contribute to nitrogen and phosphorus pollution in the County's stormwater and
drainage conveyances and natural water bodies.
WHEREAS, nitrogen and phosphorus pollution in the County's stormwater and
drainage conveyances and natural water bodies leads to the overgrowth of
vegetation in these waterways.
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- WHEREAS, St. Lucie County's natural and artificial stormwater and drainage
conveyances regulate the flow of stormwater to prevent flooding.
WHEREAS, the overgrowth of vegetation in stormwater and drainage
conveyances hinders the goal of flood prevention.
WHEREAS, it is generally recognized that many Florida soils are naturally high
in phosphorus, much of which is in a form that must be modified for absorption by
plant materials.
WHEREAS, it has been recognized by soil science professionals that the use of
slow release nitrogen sources minimizes harmful nitrate leaching.
WHEREAS, the Florida Department of Environmental Protection has mandated
total maximum daily loads for "impaired" water bodies in St. Lucie County.
WHEREAS, this ordinance is part of amulti-pronged effort by St. Lucie County
~to meet these total maximum daily loads and reduce nutrient loading into runoff
through such policies as, but not limited to, stormwater management, water
conservation, management of septic systems, public education, and development
standards as set forth in the St. Lucie County Land Development Code.
WHEREAS, the Board previously adopted the Model Ordinance (Ordinance 11-
OOlA) on March 1, 2011; and
WHEREAS, the Board has considered comments received from the following
persons/agencies:
• October 31, 2013 letter from Beth Alvi, Administrator, Water Quality
Restoration Program, State of Florida Department of Environmental
Protection
• November 12, 2013 letter from Weldon Collier, Program Planning
Coordinator, State of Florida Division of Agricultural Environmental
Services
• November 6, 2013 email from Dr. Laurie Trenholm from the University of
Florida
• November 19, 2013 email from David Botto, Chairman Fisheries
Campaign, Marine Resources Council, which included the following
information :
Cape Coral North Spreader Canal Ecosystem Management
Agreement "Background Information in Support of Proposed
Local Fertilizer Ordinance (Revised February 10, 2010).
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• Environmental Protection Commission of Hillsborough County
"Technical Support Document for Proposed Local Fertilizer Rule
- Chapter 1-15" (May 7, 2010); and
• Analytical Results of Nutrients and Chlorophyll Relative to the 2008
Fertilizer Ordinance in Lee County by Jim Ryan and Ernesto Lasso de la
Vega -Lee County Hyacinth Control District (Revised 05-25-12).
• Florida Consumer Fertilizer Task Force "Final Report" to the 2008 Florida
Legislature (January 15, 2008)
• Phosphorus Urban Runoff & Aquatic Weeds Responsible Industry for a
Sound Environment
• Comparing Nitrogen Runoff and Leaching between Newly Established St.
Augustine Grass Turf and an Alternative Residential Landscape (J.E.
Erickson, et. al., December 15, 2000)
• Florida Friendly Best Management Practices for Protection of Water
Resources by the Green Industries - State of Florida Department of
Environmental Protection (Revised December 2008)
• Scientific literature review, discussion, public comments and consideration
for the proposed Lee County Landscape and Fertilizer Best Management
Practices Ordinance, Lee County, Division of Natural Resources (rev.
October 31, 2007) with Corrections to Cited Literature (December 5,
2007)
• Indian River Lagoon Comprehensive Conservation and Management Plan
Update 2008
• FAU Harbor Branch Indian River Lagoon LOBOs: A Primer M. Dennis
Hanisak, FAU Harbor Branch (October 2013)
• Guest Column: Fertilizer and our waters written by Dr. Leesa Souto,
Executive Director of the Marine Resources Council (November 22, 2013)
• Science to Support Fertilizer Controls written by Dr. Leesa Souto
(December 2013)
WHEREAS, the Indian River Lagoon is a diverse, shallow-water estuary
stretching across 40 percent of Florida's east coast; and
WHEREAS, the Lagoon is an important commercial and recreational fishery and
economic resource to the state and region. The total estimated annual economic
value of the lagoon is $3.7 billion, supporting 15,000 full and part-time jobs and
providing recreational opportunities for 11 million people per year; and
WHEREAS, the St. Lucie River and Estuary is an ecological jewel on Florida's
Treasure Coast that is integral to the environmental and economic well-being of
Martin and St. Lucie Counties. The St. Lucie River is part of the larger Indian River
Lagoon system, the most diverse estuarine environment in North America with
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more than 4,000 plant and animal species, including manatees, oysters, dolphins,
sea turtles and seahorses; and
WHEREAS, runoff is causing a public health threat as microcystis aeruginosa, a
single-celled blue green alga, or cyanobacterium, has proliferated in the Lagoon to
form dense blooms, which produce multiple toxins, including liver toxins, as well as,
neurotoxins; and
WHEREAS, 47,000 acres of sea grass have been killed to date in the Indian
River Lagoon since 2010, which far exceeds any documented or remembered
events in terms of geographic scale, bloom intensity and duration. It is alarming
because sea grass is an indicator of the lagoon's health, a food source for manatees
and a nursery, refuge and a place of forage for a variety of fish and other marine
life; and
WHEREAS, 280 Manatees, 60 Bottlenose Dolphins and 250 Brown Pelicans have
died in the Indian River since 2010; and
WHEREAS, based on the above findings, the Board believes it is necessary to
adopt additional regulations to protect and enhance the water quality of the St.
Lucie River and the Indian River Lagoon. The Board has determined that the
additional regulations are science based and are economically and technically
feasible.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of St. Lucie County, Florida:
PART A. The specific amendments to the St. Lucie County Code and
Compiled Laws are as follows:
ARTICLE IV. FLORIDA-FRIENDLY FERTILIZER USE
1-7.6-45 DEFINITIONS
For this Article, the following terms shall have the meanings set forth in this section
unless the context clearly indicates otherwise:
1. "Administrator" means the County Administrator or an administrative
official of St. Lucie County designated by the County Administrator to
administer and enforce the provisions of this Article.
2. "Application" or "Apply" means the actual physical deposit of fertilizer to
turf or landscape plants.
3. "Applicator" means any Person who applies fertilizer on turf and/or
landscape plants in the unincorporated areas of St. Lucie County.
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4. "Board or Governing Board" means the Board of County Commissioners of
St. Lucie County, Florida.
5. "Best Management Practices" (BMPsI means turf and landscape practices
or combination of practices based on research, field-testing, and expert
review, determined to be the most effective and practicable on-location
means, including economic and technological considerations, for
improving water quality, conserving water supplies and protecting natural
resources.
6. "Code Enforcement Officer, Official, or Inspector" means any designated
employee or agent of St. Lucie County whose duty it is to enforce codes
and ordinances enacted by St. Lucie County.
7. "C~mmercial Applicator Business" means anv person, sole proprietor,
partnership, corporation. business trust, ioint venture. or other legal
entity that engages in the business of providing lawn fertilizer application
in exchange for money. goods, services or other valuable consideration.
8. "Commercial Fertilizer Applicator," except as provided in Section
482.1592(9), Florida Statutes, means any Person who applies fertilizer for
payment or other consideration to property not owned by the person or
firm applying the fertilizer or the employer of the applicator.
9. °Damaged Turf or Landscape Plants" means turf or landscape plants that
have been deleteriously affected by environmental or biotic stress.
Environmental stresses are a result of prolonged exposure to shade,
drought, nutrient deficiency, the effects of vehicle and foot traffic. salinity
and occasional cold temperatures. Biotic stresses result from living
organisms such as insects. diseases or nematodes.
10."Fertilize," 'Fertilizing," or "Fertilization" means the act of applying
fertilizer to turf, specialized turf, or landscape plants.
11."Fertilizer" means any substance or mixture of substances that contains
one or more recognized plant nutrients and promotes plant growth, or
controls soil acidity or alkalinity, or provides other soil enrichment, or
provides other corrective measures to the soil.
12."Guaranteed Analysis" means the percentage of plant nutrients or
measures of neutralizing capability claimed to be present in a fertilizer.
13."Heavy Rain" means rainfall greater than or equal to 50 mm (2 inches) in
a 24 hour period.
14.'~Impervious surfaces" means a constructed surface such as sidewalks.
roads. parking lots or driveways covered by water impenetrable materials
such as asphalt, concrete, brick, pavers. stone and/or highly compacted
soils.
15. "Institutional Applicator" means any Person, other than a private, non-
commercial or a Commercial Applicator (unless such definitions also apply
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under the circumstances), that applies fertilizer for the purpose of
maintaining turf and/or landscape plants. Institutional Applicators shall
include, but shall not be limited to, owners, managers or employees of
public lands, schools, parks, religious institutions, utilities, industrial or
business sites and any residential properties maintained in condominium
and/or common ownership.
16."Landscape Plant" means any native or exotic tree, shrub, or groundcover
(excluding turf).
17."Lawn Care and Maintenance or Landscaping" shall include, but not be
limited to mowing. trimming, pruning. edging. liming. fertilizing.
.mulching, seeding and aerating of turf and/or landscaping plants.
18."Low Maintenance Zone" means an area a minimum of ten (10) feet wide
adjacent to water courses which is planted and managed in order to
minimize the need for fertilization, watering, mowing, etc.
19."Non-Commercial Applicator" means any person other than a Commercial
or Institutional Applicator who performs lawn care and maintenance on
Turf and/or Landscape Plants in St. Lucie County, such as an individual
owner or tenant of asingle-family residential unit.
20. "Person" means any natural person, business, corporation, limited
liability company, partnership, limited partnership, association, club,
organization, and/or any group of people acting as an organized entity.
zl."I'. E`~I~I~ed-,lrrlr -~;.~I ;~ I'C~ lE~" ME'u~E t~E tIM~. ~:,~~i$.'. ~U~ I~~--b~~FE~ u
~l@EE' ~~?~:.I; .,. ~$'u~ RIF` , E' .. T; E~ X41 ~~E`~ ~,'~L.~E~ E~ ~'~'u: ~I~~E~ u
H-a~iee-E~ e; l,Rg is i~ e#ee~~E; e;,y~ rertiE;, e` Ct. Lu:.te
EEU~ ~~~~eE' vy~E P~GtIE~GI ~,'~EGt~~ C" ", E~ IF~~ ~ GIB ~ I~ II~C~
~?21. "St. Lucie County Approved Best Management Practices Training
Program" means a training program approved per Section 403.9338,
Florida Statutes, and any more stringent requirements as set forth in this
Article that includes the most current version of the Florida Department of
Environmental Protection's "Florida-Friendly Best Management Practices
for Protection of Water Resources by the Green Industries," as revised
and approved by the St. Lucie County Administrator.
X22. "Saturated soil" means a soil in which the voids are filled with water.
Saturation does not require flow. For the purposes of this ordinance, soils
shall be considered saturated if standing water is present or the pressure
of a person standing on the soil causes the release of free water.
X4.23. "Slow Release," "Controlled Release," "Timed Release," "Slowly
Available," or "Water Insoluble Nitrogen" means nitrogen in a form which
delays its availability for plant uptake and use after application, or which
extends its availability to the plant longer than a reference rapid or quick
release product.
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~r24. "Specialized Turf" means areas of grass used for athletic fields,
activity fields, parks, golf course practice and play areas, cemeteries and
other similar areas.
X25. 'Specialized Turf Manager" means a person responsible for fertilizer or
directing the fertilization of "specialized turf" as defined above.
X26. "Turf," "Sod," or "Lawn" means a piece of grass-covered soil held
together by the roots of the grass.
X27. "Urban Landscape" means pervious areas on residential, commercial,
industrial, institutional, highway rights-of-way, or other nonagricultural
lands that are planted with turf or horticultural plants. For purposes of
this section, agriculture has the same meaning as in Section 570.02,
Florida Statutes.
X28. 'Water Bodv or Water Bodies" means anv visible, standina or open
bodv of water. This shall include, but not be limited to: municipal or
private storm sewer systems (including inlets, conveyances and
structured, ditches, swales. canals, creeks, rivers, streams, tidal waters,
lakes, ponds, ponded water, standina water, marshes, swamps or anv
other bodv of permanent or temporary standina or visible water whether
or not the water bodv is natural or man-made or contained by impervious
surfaces on the bottom or sides and all wetlands and other surface waters
as defined by Chapter 62-348, F.A.C.
1-7.6-46 APPLICABILITY
This Section shall be applicable to and shall regulate any and all applicators of
fertilizer and areas of application of fertilizer within the unincorporated area of
St. Lucie County, unless such applicator is specifically exempted by the terms of
this Section from the regulatory provisions of this Section. This regulation shall
be prospective only and shall not impair contracts already in existence as of the
effective date of this Section.
1-7.6-47 TIMING OF FERTILIZER APPLICATION
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to ~a-rf
a~'c- IaF~sc:,pc pla:~ts during the--Rrck.ibi:~pF;~cGtic^r,-re,~~er is saturated
soils. Additionally, fertilizers containing nitrogen and/or phosphorus shall not be
applied to turf and/or landscape plants during anv of the following prohibited
application periods:
1. June 1 through September 30.
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2. The time period during which the National Weather Service has issued a,
Flood Watch or Warning. or a Tropical Storm Watch or Warnina, or a
Hurricane Watch or Warning for any portion of St. Lucie County.
3. Heavy rains are expected.
1-7.6-48 FERTILIZER FREE ZONES
Fertilizer shall not be applied within ten (10) feet of any pond, stream,
watercourse, lake, canal, or wetland as defined by the Florida Department of
Environmental Protection (Chapter 62-340, Florida Administrative Code)
'all, r;~I~s a .,-, .,- litiuid ar;.licutor
ih'It~ a ~,'131~1~ ~.'~ ;,~u~ rI}.'-~Cfl'E,''. ~~, I~ U,;E~, °~rr-vim "v;ri~~ ~G~~ ,: ;::I~I;~'~UF~'~ 3~
tai-ree-(3) `-ee~~hGII b:. .,,uiFtGi-rred. If more stringent St. Lucie County Code
regulations apply, this provision does not relieve the requirement to adhere to
the more stringent regulations. Newly planted turf and/or landscape plants may
be fertilized in this Zone only for a sixty (60) day period beginning thirty (30)
days after planting if needed to allow the plants to become well-established.
Caution shall be used to prevent direct deposition of nutrients into the water.
1-7.6-49 LOW MAINTENANCE ZONES
A voluntary ten (10) foot low maintenance zone is strongly recommended, but
not mandated, from any pond, stream, water course, lake, wetland or from the
top of a seawall. A Swale/berm system is recommended for installation at the
landward edge of this low maintenance zone to capture and filter runoff. If
more stringent St. Lucie County Code regulations apply, this provision does not
relieve the requirement to adhere to the more stringent regulations. No mowed
or cut vegetative material may be deposited or left remaining in this zone or
deposited in the water. Care should be taken to prevent the over-spray of
aquatic weed products in this zone.
1-7.6-50 FERTILIZER CONTENT AND APPLICATION RATES
(a) No fertilizer containing phosphorus shall be applied to turf or landscape
plants in unincorporated St. Lucie Countv unless a soil or plant tissue
deficiencv is verified by a University of Florida. Institute of Food and
Agriculture Sciences, approved testing methodology. In the case that a
deficiencv has been verified, the application of a fertilizer containing
phosphorous shall be in accordance with the rates and directions for the
Southern Region of Florida as provided by Rule 5E-1.003, Florida
Administrative Code. Deficiency verification shall be no more than 2 years
old. However, recent application of compost. manure, or top soil shall
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warrant more recent testing to verify current deficiencies. For purposes of
clarification a "very low" desianation for phosphorus set forth in the UFIFAS
Extension Soil Testing Laboratory Analytical Procedures Training Manual
shall mean phosphorus levels below ten (10) parts per million. A "low"
desianation for phosphorus shall mean phosphorus levels below twenty-five
l25) parts per million.
~b,~{a-} Unless otherwise specified in this ordinance. fertilizers applied to turf
and/or landscape plants within unincorporated St. Lucie County shall be
formulated and applied in accordance with requirements and directions
provided by Rule 5E-1.003{x}, Florida Administrative Code, Labeling
Requirements for Urban Turf Fertilizers.
~{-~-}Fertilizer containing nitrogen or phosphorus shall not be applied before
seeding or sodding a site, and shall not be applied for the first 30 days after
seeding or sodding, except when hydro-seeding for temporary or permanent
erosion control in an emergency situation (wildfire, etc.), or in accordance
with the Stormwater Pollution Prevention Plan for that site.
~E) fdlt; 3~2f?-E~ r~9~r~E~ U:, FEt}III~rF~`~.II '~~ ~:. wrr~+2~~:, ~UF`--ef-EaR$~.,,.r~
~Ic~.ts ~cF. us p-av~cd iF ~a) atr•.~e--fc; tu-f, 3; i „mr~~rdati,~,.,-s.
Tv~ IG~~..sEGj. ~-j.IG- , ~~.,, ~~ UIt ~~ E~J G~~~~ Uv.~, U~I~.. G ~3FI--@f
.... •~=e~i-f+c d ~•; a F app -~-o-~e=3~
~Fe~ ~;l;z2rs appli cs, pz,rlF~ z,rd at`le~if-€te+d~ ,;,u,t `:,Ileev t`e
Grr, ;,;.; iGte--Beet f~a~ug~rE~t I'...,,,-~;~-yet `cr~'~ ir; f'.-tf+c FEB. ,
FEe~+de ~rdMi-i~t; Gtie2e--E:.de. Fertilizers containing nitrogen or phosphorus
shall be applied to Turf and/or Landscape Plants at the lowest amount of
rate necessary to correct or prevent nutrient deficiencies without exceeding
the maximum per application rate specified on the label in accordance with
Florida Department of Agriculture and Consumer Services Rules 15E-1.003.
F.A.C.). All Commercial and Institutional Applicators shall be responsible for
maintaining a record of the pounds of nitrogen and phosphorous expressed
as pounds per 1000 feet of land applied to each site during the year.
(e) While single fertilizer applications in the fall and spring will often suffice,
fertilizers shall not be applied more than the Fertilization Guidelines for the
Southern Region of Florida under the Florida Department of Agriculture and
Consumer Services Rule (5E-1.003 F.A.C.) during any one ll) calendar year
to a single area.
Fertilizers containing nitrogen applied to turf and/or landscaping plants
within St. Lucie County shall contain no less than 50 percent Slow Release
Nitrogen per Guaranteed Analysis Label.
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1-7.6-51 APPLICATION PRACTICES
(a) Spreader deflector shields are required when fertilizing via rotary (broadcast)
spreaders. Deflectors must be positioned such that fertilizer granules are
deflected away from all impervious surfaces, fertilizer-free zones and water
bodies, including wetlands.
(b) Fertilizer shall not be applied, spilled, or otherwise deposited on any
impervious surface.
(c) Any fertilizer applied, spilled, or deposited, either intentionally or
accidentally, on any impervious surface shall be immediately and completely
removed to the greatest extent practicable.
(d) Fertilizer released on an impervious surface must be immediately contained
and either legally applied to turf or any other legal site, or returned to the
original or other appropriate container.
(e) In no case shall fertilizer be washed, swept, or blown off impervious
surfaces into stormwater drains, ditches, conveyances, or water bodies.
1-7.6-52 MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE
MATTER
In no case shall grass clippings, vegetative material, and/or vegetative debris be
washed, swept, or blown off into stormwater drains, ditches, conveyances,
water bodies, wetlands, or sidewalks or roadways. Any material that is
accidentally so deposited shall be immediately removed to the maximum extent
possible. Grass cli~oinas should be blown back onto the lawn areas or removed.
1-7.6-53 GENERAL EXEMPTIONS
The provisions set forth above in this Section shall not apply to:
(a) Bona fide farm operations as defined in the Florida Right to Farm Act, Section
823.14, Florida Statutes;
(b)other properties not subject to or covered under the Florida Right to Farm
Act that have Pastures used for grazing livestock.
(c) Any lands used for bona fide scientific research, including, but not limited to,
research on the effects of fertilizer use on urban stormwater, water quality,
agronomics, or horticulture.
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1-7.6-54 SPECIFIC EXEMPTIONS
A. The timing of applications. application rate provisions and other provisions
set forth above in Sections 1-7.6-47 through 1-7.6-52 of this Article shall not
apply to:
(1) Yard waste compost, mulches or other similar materials that are
primarily organic in nature and are applied to improve the physical
condition of the soil;
(2) Reclaimed or Irrigation Oualitv 1I01 water used for irrigation (which
may contain substantial amounts of nitroaen and phosphorus);
(3) If applvina Fertilizer in accordance with Sections 1-7.5-56 and 1-7.6-
57. Commercial Applicators and Institutional Applicators shall maintain
documentation to support said exemptionlsl. If applvina Fertilizer in
accordance with Sections 1-7.6-56 and 1-7.6-57. Professional
Applicator Businesses and Institutional Applicators shall also possess a
record of the soil test indicating the amount of phosphorus present.
Said records shall be kept in the Professional Applicator Businesses
and Institutional Applicator's possession or vehicle(sl and available for
inspection by County staff during all business hours or while a
Commercial Applicator is working onsite; or
(4) Commercial Applicator Businesses and Institutional Applicators shall
permit the County to obtain a sample of any fertilizer applied or to be
applied within the Countv. If the sample analysis shows that nitroaen
and/or phosphorus content does not comply with the levels permitted
by State standards, enforcement action may be taken in accordance
with Section 1-7.6-58 of this Ordinance, and the cost of analyzing
Fertilizer samples taken from Commercial Applicator Businesses or
Institutional Applicators shall be reimbursed by said Business or
Applicator to the County within thirty 1301 days after invoicing.
B. All golf courses shall assure that landscaping is done within the provisions of
the Florida Department of Environmental Protection document, "Best
Management Practices for the Enhancement of Environmental Quality on Florida
Golf Courses". These provisions shall be followed when applvina fertilizer to golf
course practice and play areas.
C. For all other Specialized Turf Areas, the Managers shall use their best
professional iudament to apply the concepts and principles embodied in the
Florida Green BMPS, while maintaining the health and function of their
Specialized Turf Areas.
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1-7.6-55 SOIL TEST INFORMATION
The OF-IFAS Extension Soil Testina Laboratory in Gainesville, Florida offers a
variety of tests for mineral soils, container media and irrigation water. The
"Landscape and Veaetable Garden producer Test" is recommended for both
private and commercial clients fertilizing plants on the landscape. primarily
home horticulture.
A soil sampling baa, one baa for each soil sample, and a shipping box in
which to send samples to the US-IFAS Extension Soil Testina Laboratory can be
obtained free of charge from the St. Lucie County Cooperative Extension Service
Office. 8400 Picos Road. Suite 101. Fort Pierce. FL 34945 (772-462-1660). To
determine the availability and cost of Soil Fertility Tests contact the St. Lucie
County Cooperative Extension Service Office. A PDF version of the Landscape
and Veaetable Garden Test Submission Form can be obtained at
http://soilslab.ifas.ufl.edu/.
~~1.7.6-56 TRAINING
(a)All commercial and institutional applicators of fertilizer within the
unincorporated area of St. Lucie County shall abide by and successfully
complete the six-hour training program in the °Florida-Friendly Best
Management Practices for Protection of Water Resources by the Green
Industries" offered by the Florida Department of Environmental Protection
through the University of Florida IFAS Florida-Friendly LandscapesT'"
program.
(b) Private, non-commercial applicators not otherwise required to be certified,
such as private citizens on their own residential property, are encouraged to
follow the recommendations of the University of Florida IFAS Florida-Friendly
Landscapes T'"program when applying fertilizers.
~~~31-7.6-57 LICENSING OF COMMERCIAL APPLICATORS
~a) I'~~~ ~GF;..IG-y' 1, X011, all :.3mr;~;,iGl G.ete~s-e~`~r~ilizor '.t'ithin the
t~~i~~3-4ted 3:":.3 3f St. Lucie-EU;~r:t}-:.hell ubl~~ ~Z' and ,u~~y~
E3.: ~l~ir~ wl'I'y u'~ E3~ ~tl~ ~UI~ ~~;.~U:.utio~requir.. "dU FrI~Fy~
8e~t P1e~G~e-~e~t f';~a~} was-~~r f ~e~e~tie~ a~~r flees ~~, t~~Cr~~
strie~" ~#e~ed ~y~-krz `I~; idu D:.rGrtme-t °~r-~;=o-iTaFw;~ntal f'~e~ec~+eR
t#retry" tl~e UFi•. ; ide IF~1~ Lan~eer
~y-a-°, p-ier ta-e~teiring a S't p31 Busi-r~es~ Tai: P-~~cipt f~
~gr'-~'-.,-,~e}}€ .,~~~:rat+o~. ~v#+p'~ .;,af" aPPI}~' urn}'--nnfor:iliz... :~ tu-f ..~~
IG~~~EGYE rIG.'"TCJ. ~~..~~ .:.:fit hvl~l~ci~csc TGj; I.
_„ .+,--~rrR;z~,=,1 ~ ~ ltEa~e~~ ` u I I ;. ~ 3a+~:. ;. -3a~-e €-ee - r I attE ~ 8` t ` ~ ;. ~ 9g~ G ~ t E t
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St. La~+e-~~;~nt~,• Tex f^,.ii,.,.~,...~,. ,.rte,. „`~.i_ 1~8-~-a-y~e` `~.y „cF,.,...;, a-.~,. ,.F
tT~r°rS~r.
fib-}After December 31, 2013, all commercial applicators of fertilizer within the
unincorporated area of St. Lucie 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 as a Commercial Fertilizer
Applicator per 5E-14.117(18), Florida Administrate~ive Code.
~~}All businesses applying fertilizer to turf and/or landscape plants (including
but not limited to residential lawns, golf courses, commercial properties, and
multi-family and condominium properties) must ensure that at least one
employee has a "Florida-Friendly Best Management Practices for Protection of
Water Resources by the Green Industries" training certificate prior to the
business owner obtaining a Local Business Tax Receipt. Owners for any
category of occupation which may apply any fertilizer to Turf and/or Landscape
Plants shall provide proof of completion of the program to the St. Lucie County
Tax Collector's office prior to receiving a Business Tax Receipt.
z-; :v-Zvi-7.6-58 PENALTIES
Violations of sections 1-7.6-47 through 1-7.6-52 shall be enforced per Section 1-2-
27.5 Supplemental County Enforcement Procedures.
All other sections may be enforced by the St. Lucie County Code Enforcement
Board.
This provision shall not preclude enforcement of this ordinance in the Circuit Court
or as otherwise authorized by law.
Funds generated by penalties imposed under this section shall be used by St. Lucie
County for the administration and enforcement of Section 403.9337, Florida
Statutes, and the corresponding sections of this Code, and to further water
conservation and nonpoint pollution prevention activities.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas
of St. Lucie County, County ordinances and County resolutions, or parts thereof, in
conflict with this ordinance are hereby superseded by this ordinance to the extent
of such conflict.
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PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining
portions of this ordinance. If this ordinance or any provision thereof shall be held
to be inapplicable to any person, property, or circumstance, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie
County.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this
ordinance to the Bureau of Administrative Code and Laws, Department of State,
The Capitol, Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE.
This ordinance shall take effect on June 1, 2014.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chair Frannie Hutchinson AYE
Vice Chair Paula Lewis AYE
Commissioner Chris Dzadovsky AYE
Commissioner Tod Mowery AYE
Commissioner Kim Johnson AYE
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County
Code and Compiled Laws and the word "ordinance" may be changed to "section",
"article", or other appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided, however, that
parts B through H shall not be codified.
PASSED AND DULY ENACTED this 7T" day of January, 2014.
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F COUNTY COMMISSIONERS
BOARD O COUNTYr F~-ORIDA
ST, ~UCIE
~)
BY. ~/
Chair (/
TO FORM AND
APPR C4~D ECT!~,Eus/1 ~Ir
-.. ,~
BY' rn my Atto
16 assageS are added
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