HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 03_8/14/2019Agenda Item #3.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting:
Staff Contact:
Environmental Advisory Committee (EAC) - Aug 14 2019
Robert Shaw
Notes for EAC Consideration
Notes for EAC Consideration Shaw
Department:
Page 5 of 30
Agenda Item #3.
NOTES FOR TEQUESTA ENVIRONMENTAL ADVISORY
COMMITTEE MEETING ON 7/31/19 — ROBERT SHAW
- on 7/29., 1 spoke with Ben Hogarth., the Community Affairs
Liason for the city of Stuart pursuant to their recent
Fertilizer Ordinance. He said they worked on it with other
adjoining communities and Counties. He mentioned that
he believes the exemptions (golf courses,, specialized turf
areas,, commercial applicators properly trained) in their
ordinance are similar to most other communities.
- On 7/29, 1 spoke with Terry Gibson. Terry is a local
environmental advocate and outspoken proponent of
coastal conservation. I asked him about fertilizer
ordinances and he referred me to Dr. Peter Barile.
According to Terry, Dr. Barile was instrumental in helping
the state draft fertilizer ordinance guidelines. I have left a
message/email for Dr. Barile.
- On 7/30., 1 spoke with Ron Delaney from the Jupiter town
council. We spoke about Jupiter's fertilizer ordinance as
well as the Reasonable Assurance Plan (RAP).. as
mentioned in the memo I've included from Jupiter's
Director of Utilities David Brown dated 10/4/18. Ron
mentioned how important it was for the Village of
Tequesta to get involved with the other local communities
Agenda Item #3.
in the RAP. Finally, Ron recommended I speak with David
Brown., Jupitees Director of Utilities.
- On 7/31.. 1 spoke with Mr. Brown. I have included an email
summary from Mr. Brown detailing the items we talked
about and their priority in his opinion.
We first spoke about Jupiter's fertilizer ordinance. He said
it was drafted and adopted after reviewing 4 or 5 fertilizer
ordinances from nearby communities. He said that town staff
also met with local business owners (landscape/lawn care
companies) to garner their input. We also touched on some of
the exemptions in their ordinance, and the rationale behind
them.
We also talked about the Reasonable Assurance Plan (RAP)..
and he emphasized how important he thought it was for the
Village of Tequesta to get involved asap.
Mr. Brown mentioned the Loxahatchee River Peeservation
Initiative (LRPI). He said that LRPI is a great way to obtain grant
funding for local water quality enhancements like storm water
upgrades and filtration systems.
Finally, I asked Mr. Brown if he would be open to speaking
with us as a committee in the future. He said he would be
happy to do so.
Page 7 of 30
Agenda Item N.
Bob Shaw
From:
David Brown <DavidB@jupiter.fl.us>
Sent:
Wednesday, July 31, 2019 10:53 AM
To:
'Bob Shaw'
CC
Ron Delaney
Subject:
Fertilizer Ordinance / LRPI / RAP
AtI I
Approval of Ord. 21-18, 2nd Rdg.pdf
Bob,
It was a pleasure speaking with you and I look forward to working with the Village of Tequesta and your new
environmental committee going forward.
Here are some thoughts and follow up to our discussion:
1. Rainy Season Ban on Fertilizer Applications — I have attached our final adopted ordinance and we are working
diligently now on outreach, education and compliance. Although FDEP does have a "model" ordinance, I would
suggest you consider the Town's as well as Martin County's as go-bys.
2. Loxahatchee River Preservation Initiative (LRPI) — Please visit www.Irpi.us for further details. I would also suggest
that someone from the Village become a committee member and attend the meetings. The LRPI is a great way
to obtain grant funding for local water quality enhancement projects.
Our next LRPI meeting 15 August 12, 2019 at noon. The LRPI meets our Water Utility Field Offices at 3133
Washington Street oust south of the entrance to Jupiter Community Park).
3. Reasonable Assurance Plan (RAP) — The Loxahatchee River Management Coordinating Council (LRMCC - advisory
committee to the SFWMD) is the working group which has been the mechanism for all entities in the river basin
to address the water quality impairments through the formation of a Reasonable Assurance Plan with FDEP
staff. I know it would be appreciated by all others involved If the Village could immediately infuse itself in the
process as a void in the plan remains. As mentioned, work that is probably already 6ing done by the Village
such as street sweeping, the proposed fertilizer ordinance, stormwater improvements all could be quantified
and help achieve the ultimate goal of eliminating impaired waters within the Loxahatchee. I must stress that
time is of the essence relative to the RAP. I would suggest that Village staff contact Julie Espy with FDEP to
determine the best way to get caught up on the RAP process. Julie is great to work with and I am sure she will
be pleased that the Village is back in the mix. Her email address is Julle.Espy@dep.state.fl-us.
According to my calendar, the next scheduled meeting of the LRMCC is September 23, 2019 at 2 pm. The
meetings are normally held at the River Center on USI at Burt Reynolds Park.
Take care,
From: Bob Shaw [maIlto:shawbob20@grnall-com1
Sem: Tuesday, July 30, 2019 4:30 PM
To: David Brown
Subject: Fertilizer Ordinance
Page 8of30
Agenda Item #3.
TOWN OF JUPITER
DATE: October 4, 2018
TO: Honorable Mayor and Members of the Town Council
t -r.
THRU: Matt Benoit, Town Manager
FROM: David L. Brown, Director of Utilities
It —
SUBJECT: Ordinance No. 21-18 Prohibiting the Rainy Season Application of
Fertilizers, 2"d Reading
EXECUTIVE SUMMARY:
Proposed code amendment prohibiting the application of fertilizers during the rainy season to mitigate
nutrient -related water quality impairments.
In 2013, the Town Council adopted numerous code amendments aimed at promoting the use of "Florida -
friendly fertilizer use" as nutrient pollution is considered one of most challenging local environmental
problems. Excess nutrients in the Loxahatchee River and its tributaries can cause algae growth in excess
of what the natural ecosystem can handle, depleting oxygen in the water leading to fish kills. Some algae
blooms can also be harmful to humans as they produce toxins and bacterial growth. The 2013 code
amendments were in direct response to the Town's Florida Department of Environmental Protection
(FDEP) / USEPA Municipal Storm Sewer Permit which required the Town, given that it is within a
watershed of a nutrient impaired water body, to adopt all of the requirements set forth in FDEP's Model
Ordinance for Florida Friendly Fertilizer Use on Urban Landscapes. The ordinance provided guidance for
proper use of fertilizers by an applicator, required training for applicators, prohibited pre -storm application
(greater than 2" of rainfall expected in 24 hour period), established fertilizer free zones within 10 feet of
water bodies and provided for exemptions.
In the past several years, the FDEP has established that the southwest and northwest branches of the
main embayment of the Loxahatchee River are impaired from Chlorophyll a and Phosphorus. Preliminary
modeling indicates that a 37% reduction in the nutrient load is needed to eliminate the impairment.
Presently, Town staff is working with the Florida Department of Environmental Protection and other local
agencies to mitigate known nutrient -related impairments in the river. The Town, as part of the Loxahatchee
River Management Coordinating Council, is working to establish a Reasonable Assurance Plan (RAP) with
other local entities outlining a strategy to address these impairments. The RAP allows local governments
to establish its own plan on its own schedule. If the RAP is not established, FDEP's alternative course of
action is to mandate a Basin Management Action Plan which would not have such flexibility. The
enactment of this summertime application ban is now considered a best -management practice in the
region to address this environmental concern. Locally, both Palm Beach Gardens and Martin County have
previously adopted such an ordinance.
If adopted, staff intends on implementing public outreach to residents and businesses detailing the
importance of this code amendment. Staff will continue to reach out directly to fertilizer applicators while
signage will be provided by the Town to local businesses who sell and apply fertilizers detailing the rule, its
benefits and the possible ramifications if all do not assist in this effort to preserve and protect the
Loxahatchee River. Also, we will be educating the residents of the Town through social media and the
Town Times. If the ordinance is approved, outreach will ramp up in October in preparation of the proposed
January 1, 2019 effective date of the rule. It is important to note that the sale of fertilizers is not being
regulated, only the summer -time application of them. Public education will be the most effective tool to
achieve compliance. If enforcement action is considered, it would be done by Utility Stormwater Staff in
conjunction with Town Code Enforcement Staff.
Agendal IM
V,
Fty
mulches or other similar matedals that are
(e) Yard waste comp9st
primarily organic in nature and are applied to improve the Qhy_SiCal
condftion of the soil.
(f) Reclaimed or Irrigabon Quali!y (IQ) water used for irrigation.
(g) All golf course landscaping
which shall
meet the
provisions
of the
Florida Dwartment of
Environmental
Protection
document,
Manacemnt PracHces for the ancement of Environtwntat Quafttv
on Fibilda, Goff Coursee when al2RIvin-q ferUlizer to the golf course
practice and.Wav areas.
(h) For all other Specialized Turf Areas. the Specialized Turf Managers
which shall use their best professional Rudgement and apply ft
conceo and Rrincigles embodied in the Flodds-Green BMPS, to
maintain the health and fundion of their Sl2ecialized Turf Areas.
(i) Fertilizer apl2licatons perflormed by a Commercial FerUlizer Appli
who g)osseoes a valid limited cerfification for urban landscape
commercial ferUlizer application from the Flodda Dwartment of
Agricuftural and Consumer Services or possesses evidence
completion of the Flodda Der)artment of EnVironmental Protedon
Florida-Frigndly Best Management Practices r Proteefion of Water
Resources Training Program.
WAN&
& W- -
1)
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in,
Page 10 of 30
Agenda Item #3.
onNnance 4 r-
FwM1MrRWkMM
Sm 20-162. Trsh"&
nal applicators who apply fatflizer within the city shall abide by
All co-M-rCi8l and 'nst'tut'o (6) hour training program entitled "Florida-FriclidlY Best
and accessfidly complete the six by the Green Industrier offered by the
manqPmeni Practices for Protection of Water Resources
Florida E)epartment of Environmental Pyotection through the University of Florida Extension
"Florida,-FriendlY Landscaper program, or approved equivalent PfOgMms pursuant to section
al and institutional applicators Shall provide proof of completion
403.9338(l)(b), F.S. Commerd director, prior to any commercial or institutional application
of the program to the public works
of fatilizer within the city -
with zfion 482.1562(2) F.S., beginning January 1, 2014, any Person applying
(b) In accordance ronmental protection.
commercial fertilizer must be certified by the Florida Dcpartment of Envi
(c) Non-commercial applicators, including private pWerty owners or occupants on their own
residaitial r"MtY, am encouraged to familiarize themselves with the recommendations Of the
University of Florida WAS Florida Yards and NeighWdwOds program when applying firtilbus,
Mid an encouraged to comply with the proviSi— Of this article, as applicable -
Sec. 20-163. ThMU9 Of fer"M SPOU"t'08s'
(a) No applicator shall apply fertilizers containing niM)W and/or phosphorus to turf 8"CyOr
landscape plants during the Prohibited Application Pui0d, Of to saturated so"s' I be
Prohibited Applicaflon Period – No fertilizer containing nitrogen or phosphorus sha I
(b) applied between j. I W November 30. Additionally, no fat"'zer Shall be applied
during a Mood Watch or Waning, or a Tropical Storm Watch or Warning, or a Hurricane
Watch or Warning, as issued by the National Weather Service, or if heavy TBinS (in
excess of 2 inches in 24 hours) we expected. IvV
Sec. 20-164. EUMMONS-
(a) nie timing of applications, application rate provisions and other provisions set forth in
Section 20 shall not apply to: me not within ten fed of any water body and/Or
1. Vegetable gardens, provided they
wetland; other similar materials that an primarily orsomic
2. Yard waste COMPOst, mulch" or the physical condition of the soil;
in nature MA am applied to improve for irrigation (which may contain
3. Reclaimed, Or irrigation quality ('Q) water used
substantial amounts of nitrogen and phosphorus);
(b) Commercial applicators and institutional applicators shall maintain documentation to
support sai d- exemptiOn(s). shall use their best professional
(C) For all other specialized turf areas the managers
judgment to apply the concepts and Principles embodied in the Florida Grew BMPs-
while maintaining the health and function of their specialized turf areas -
Page 11 of 30
Agenda Item N.
Florida Department of Environmental Protection
MODEL ORDINANCE FOR
FLORIDA -FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES
[alternate tide: MODEL ORDINANCE FOR
FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES]
2015
[Note: Tide revision for clarity. There is no defined Florida -Friendly fertilizer product, as timing,
chemistry, grade, amount, site-specific conditions and application practices all affect "Florida -
friendliness".]
INTRODUCTION
This attached Model Fertilizer Use Ordinance is another tool to reduce sources of nutrients
coming from urban landscapes to reduce the unpact of nutrients on Florida's surface and
ground waters. Limiting the amount of fertilizer applied to the landscape will reduce the risk
of nutrient enrichment of surface and ground waters, but effective nutrient management
requires more comprehensive control measures. Such a comprehensive approach is needed
that may include, but is not limited to, land planning and low -impact development, site plan
design, landscape design, irrigation system design and maintenance, fertilizer application,
landscape maintenance, and waste disposal. To assist local governments in improving their
existing land development regulations, several "modeY' ordinances have been developed.
These include:
"Low Impact DesW' ordinances which seek to reduce the impact of urbanization on
our natural resources by stressing "source controls" that either minimize the
generation of storinwater or minimize the pollutants that can get into stortnwater.
For example, promoting development designs that minimizes clearing of natural
vegetation and the compaction of urban soils. A Model Springs Protection Code
was developed by DCA, DEP, and other stakeholders that includes specific Land
Development Regulation recommendations that promote Low Impact Design. This
Model Code is available as Chapter 5 in Protecting Florida's Springs: An
Implementation Guidebook. It is available at
b=://www.dca.state.fl.us/fdW/D"CP/spd=/index.cfm.
"Landscape Ordinances" because design, construction, and maintenance are major
determinants in the amount of fertilizer and =gation that is needed to maintam
healthy urban landscapes and minimize adverse impacts on water resources. A
model Landscape Ordinance entitled "Guidelines for Model Ordinance Language for
Protection of Water Quality and Quantity Using Florida -Friendly Lawns and
Landscapes" was developed by a group of agencies, industries, and interest groups
over a two year period and published in 2003. It was fundamentally an adaptation of
earlier water conservation ordinances revised to include water quality protections for
compliance with Total Maximum Daily Load (IWIDL) or stimmwater NPDES
permit requirements. The language focused on continuing education of lawn care
and landscape professionals, pmper planning and supervision during development
and construction, and the use of best management practices, including the Florida -
Page 12 of 30