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HomeMy WebLinkAbout09032013NRB MinutesQlvoF HOME OF PELICAN ISLAND 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 Phone MINUTES NATURAL RESOURCES BOARD REGULAR MEETING TUESDAY, SEPTEMBER 3, 2013 6:00 P.M. "To improve the quality of life in Sebastian by nurturing the balanced relationship between our citizens and our environment by protecting, preserving and promoting our natural resources" Chairperson Graves called the meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Robin Graves — Chairperson Ann Lucier Alan Northcott Jerry Deredita Hank Kriss Absent: Al Alvarez (excused) Gil Gordian (excused) Also Present: Council Member, Andrea Coy Dorri Bosworth, Planner Jeanette Williams, Recording Secretary 4. APPOINT VICE CHAIR Chairperson Graves asked if any of the members were interested. Mr. Northcott said he was interested and Chairperson Graves asked if this could be decided later in the meeting in case Mr. Gordian arrived. 5. APPROVAL OF MINUTES A. Regular Meeting of 8/6/13 MOTION by Chairperson Graves and SECOND by Ms. Lucier to approve the August 8, 2013 minutes. 6. ANNOUNCEMENTS — None Natural Resources Board 2 September 3, 2013 7. PUBLIC INPUT A. Council Member Cov — Fertilizer Ordinance Council Member Coy explained a similar version of the County's adopted fertilizer ordinance would be considered by City Council on September 11th. She asked the Board to read the County's ordinance and provided input to City Council at the September 11th meeting. She said the County's ordinance prohibits fertilizer application during the rainy season from June 1 to September 30; requires the use of 50% slow release nitrogen and 0% phosphorous; and requires fertilizer free zones around all water bodies. Mr. Northcott noted the Indian River Neighborhood Association's comparison (see attached) indicated that the County is not as strict as the City. Council Member Coy cautioned the comparison was not prepared by the City and may have some discrepancies. Mr. Northcott and Chairperson Graves suggested some of the exemptions such as the grazing live stock and golf courses should be considered. Discussion followed on educating and enforcing the ordinance. It was noted that commercial sprayers will have to take an application course. The Planner reported there are no commercial applicators with their business headquartered within City limits and lawn businesses that are applying the fertilizer as part of their service would be hard to enforce. Chairperson Graves said it was the consensus of the Board to go as strict as they can with the ordinance. Mr. Northcott asked if the City should nullify our ordinance and fall under the County. Council Member Coy said that is a possibility, but they should join forces with the County; and there is an organization that will provide free education programs if all the Indian River municipalities adopt individual ordinances. Council Member Coy offered to obtain a better comparison chart of the two ordinances 8. OLD BUSINESS A. Update on Adopt -a -Spoil Island Agreement, and schedule dates for remaining 2 Island Clean -Ups Chairperson Graves said she received an invitation from the International Coastal Clean Up organization for September 21St and suggested the Board join the clean up. The Planner said the City boat will be available for that date. Chairperson Graves said the Board would pick the date for the second clean up after the first of the year. The Planner noted that with the executed contract, Mr. Virgilio applied for a spoil island enhancement grant for their island to include a new adoption sign and enhancement of the camp sites. Natural Resources Board 3 September 3, 2013 B. Review list of previous Guest Speakers, and choose presentations to be shown on YouTube link Chairperson Graves said she thought Mr. Gordian was seeking approval to replay the Elephant Center's presentation. She asked that this be carried forward to the next meeting. 9. NEW BUSINESS Chairperson Graves asked the Board to think about ways to educate people about fertilizer. Mr. Northcott suggested a City of Sebastian Seal of Approval for the lawn companies. 10. MEMBER MATTERS Chairperson Graves nominated Mr. Northcott to serve as Vice Chair and Mr. Deredita seconded the nomination. There was no objection. Mr. Deredita reported that in response to Chairperson Graves' e-mail, he attended an August 15th community stakeholders meeting where a grass root effort was made to get people to consume organic vegetables and fruits. He asked some of the participants to attend the next Earth Day or be a future speaker to the Board. The next stakeholders' meeting will be September 19tH For the September 11th City Council meeting, the Planner advised that because the Board did not take formal action on making a fertilizer recommendation, each of them should speak individually identifying themselves as a member of the Board. 11. STAFF MATTERS — none. 12. Being no further business, Chairperson Graves adjourned the Natural Resources Board meeting at 6:48 p.m. By. Robin "raves, Chairperson Date ORDINANCE NO. 2013 - 01 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT ;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MODEL ORDINANCE FOR FLORIDA FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; DIRECTING COUNTY ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSITE, AND AN EFFECTIVE DATE. WHEREAS, as a result of impairment to Indian River County's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or canals within the boundaries of Indian River County, the Board of County Commissioners has determined that the use of fertilizers on lands within Indian River County creates a risk of contributing to adverse effects on surface and/or ground water, and WHEREAS, in order to address this risk, the Board of County Commissioners has determined that it is not only critical to adopt the Florida Department of Environmental Protection's Model Ordinance for Florida-Friendly Use of Fertilizer on Urban Landscapes, but that as part of Indian River County's science- based, and economically and technically feasible, comprehensive program to address nonpoint sources of nutrient pollution, additional and more stringent standards are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well -being of Indian River County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat qty, s .msol-w•wwXX&- Page I of 9 ORDINANCE NO. 2013 - 012 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMNIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Adoption of Chapter 316 of the Code of Indian River County (the "Code'). Chapter 316 of the Code is hereby adopted, as follows (new language is indicated by underline Section 316.1. Title. This chanter shall be known as the "Indian River County Fertilizer and Landscape Management Ordinance." Section 316.2. Definitions. For the purposes of this chapter the followine terms shall have the following meanings: "Administrator" shall mean the County Administrator or an administrative official of the Countv designated by the County Administrator to administer and enforce the provisions of this chapter. "Application" or !WBI "shall mean the actual physical deposit of fertilizer to turf or landscape plants. "Annlicator" shad mean any Person who applies fertilizer on turf and/or landscape plants in Indian River County "Board" shall mean the Indian River CountxBoard of County Commissioners "Best Management Practices" shall mean turf and landscape practices or combination of practices based on research: field-testing, and expert review determined to be the most effective Page 2 of9 ORDINANCE NO. 2013 - 012 and practicable on- location means, including economic and technological considerations,for improving water quality conserving water supplies and protecting natural resources "Chanter 8S -42T" shall mean The Indian River County Environmental Control Act Chanter 85- 427, Special Acts. Laws of Florida "Code Enforcement Officer shall mean any designated employee or agent of Indian River County whose dutv it is to enforce codes and ordinances enacted by Indian River County. "Commercial Fertilizer Applicator " except as pmvided in §482.1562L9). Florida Statutes shall mean 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. "Code" shall mean The Code of Indian River County "Environmental Control Of1`icer" shall mean the Indian River County Environmental Control Officer appointed by the Board pursuant to Chapter 85-427 and Chapter 303 (Part 1) of this Code, and his or her designees. "Fertilize." "fertilizing" or "fertilization" shall mean the act of apRIying fertilizer to turli specialized turf, or landscape plants "Fertilizer" shall mean 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 enrichmen t. or provides other corrective measures to the soil "Heavy rain" shall mean rainfall greater than 2 inches in a 24 hour period "Institutional Fertilizer Applicator" shall mean any Ramon other than a private non - commercial applicator or a Commercial Fertilizer Applicator (unless such definitions also apply under the circumstances that applies fertilizer for the p- ose of maintaining turf and/or landscape plants Institutional Fertilizer Applicators shall include but shall not be limited to owners, ers or employees of public Iands schools parks religious institutions utilities industrial or business sites and any residential properties maintained in condominium and/or common ownership_ "Landscape plant" shall mean any native or exotic tree shrub or groundcover (excluding_tur "Low maintenance zone" shall mean an area a minimum of ten feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization watering, mowing. etc. "Person" shall mean any natural perso& business corporatim limited liabift company, partnership limited p�erdw, associatim club organization, and/or any g ugg of people acting; as an organized entity_. Page 3 of9 ORDINANCE NO. 2013 - 012 "Restricted Season" shall mean June 1 through September 30. "Saturated soil" shall mean a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this chapter, 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. "Slow Release Ni troQen" shall mean nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availabilitv'to the plant longer than a reference rapid or quick release product. "Turf." "sod." or "lawn" shall mean a piece of grass- covered soil held together by the roots of the ems. "Urban landscape" shall mean pervious areas on residential commercial industrial institutional highway rights -of -way or other nonaxieultural lands that are planted with turf or horticultural plants For the purposes of this section agricuhwe has the same meaning as in 4570.02 Florida Statutes. Section 3163. Timing of fertilizer application. No applicator shall apply fertilizers containing• n trogen and/or phosphorus to turf and/or landscape plants during the Restricted Season, to saturated soils or during a period in which a Flood Watch or Wa-r=& L or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of Indian River County, issued by the National Weather Servim or if heavy rain is likely= Section 316.4. Fertilizer -free zones. Fertilizer shall not be applied within ten 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) or from the top of a seawall If more stringent Indian River County Code re ations 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 60-dav period begl ning thirty days after planting if needed to allow the plants to become well established Caution shall be used to preverrt nutrients from bein direedy doosited into the water. Section 316.5. Low maintenance zones. A voluntary ten foot low maintenance zone is strongly recommended but not mandated. from M Monl stream, water coum 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 Indian River County Code regulations apply. this provision Page 4 of 9 ORDINANCE N0.2013 - 012 does not relieve the requirement to adhere to the more ' ent regulations Notwithstanding the voluntary nature of the above sentences 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 sWray of aquatic weed nrQd a-M in this zone Section 316.6. Fertilizer content and application rates. fa) No fertilizer containing phosphorous shall be applied to turf or landscape plants in Indian River County unless a soil or plant tissue deficiency is verified by a University of Florida Inmtitute of Food and Agdciflture Sciences a roved testing methodology. In the case that a deficimc-1 has been verified the a Hcation of a fertilizer containing ho horous shall be in accordance with the rates and directions for the Central Re 'on of Florida as rovided b Rule 5E4.0030). Florida Administrative Code Deficiency verification shall be no more than 2 years old. However. recent application of compost, manure or top soil shall warrant more recent testing to v current deficiencies fl?) The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per &uaranteed analysis label () Fertilizers applied to an urban lawn or turf within Indian River County shall be applied in accordance with reaui ements and directions set forth on the label or tag for packaged fertilizer products, or in the printed information accompanying the delivery of bulk fertilizer products, as provided by Rule 5E-1 003(2) Florida Administrative Code Labeling Reambremengs For Urban Turf Fe tfilzem. All packaged and bulk fertilizer products sold in Indian River County shall be sold in packages with labels or tags, or, if sold in bulk be accompanied by printed information,, which complies with the requirements of Rule 5E-1 003(2) Florida Administrative Code fd) 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,,exc � 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 Section 316.7. 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 wetland4 fb) Fertilizer shall not be applied spilled or otherwise deposited on any impervious surfaces (c) An v fertilizer ag led c filled or deposited either in or accidentally on any impervious surface shall be inunediately and completely removed to the greatest extent practicable. Page 5 of9 ORDINANCE NO. 2013 - 012 fd) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or AML other legal site, or returned to the original or other appropriate container. (e) In no case shall fertilizer be washed, swem or blown off impervious surfaces into stormwater drams, ditches conveyances or water bodies Section 316.8. Management of Brass clinnines and vegetative materials 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 practicable Section 316.9. Exemptions. The provisions set forth above in this chapter shall not apply to: W bona fide farm operations as defined in the Florida Right to Farm Am Florida Statutes: (b) other properties not Mbiect to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock: CC) any lands used for bona fide scientific research including but not limited to research on the erects of fertilizer use on urban stormwater water quality agronomics or horticulture (d) golf courses when landscaping is performed within the provisions of the Florida Department of Environmental Protection document. "Best Management Practices for the Enhancement of Environmental Oualitv on Florida Golf Courses" these pmyisions shall be followed when applving fertilizer to golf course practice and pla y are= e athletic fields at public parks and school facilities that apply the concepts and principles embodied in the Florida Green Bws while main Amin the health and function of their specialized turf areas, ffl vegetable gardens owned by individual property owners or a community and trees grown for their edible fniit, Section 316.10. Training. fa) Within the time period set forth in section 31612 of this Chapter, all Commercial Fertilizer Applicators and Institutional Fertilizer Applicators within Indian River CqMjX shall abide by and successfully complete the six -hour training program in the "Florida iendly Best Page 6 of 9 ORDINANCE NO. 2013 - 012 Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida - Friendly Landscapes" program, or an approved equivalent. Neighborhoods proeram when applying fertilizers Section 316.11. General education program The Public Works Department shall have an employee who shall address issues pertaining to this Cha er This em to ee shall im lement a 2M9M to inform the gqneral DubHe of the requirements of this chapter, which program shall include among other things informative postures on the County website, printing and distributing informative brochures and other print materials, and speaking MgMements at community associations civic organizations. etc The program shall also include . to the extent practicable us of =materials from the Be Floridian program and coordination and collaboration with University of Florida Institute of Food and Agriculture Sciences educational activities Any claimed or alleged deficiency in the County's general education pro ram shall not constitute a defense to any action brought to enforce the provisions of this chapter. Section 316.M Licensing of commercial fertilizer applicators (a) No later than December 31 2013 all Commercial Fe 'lrta_izer Applicators within Indian River County, shall abide by and successfully complete training and continuing education rquirements 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 Institute of Food and Agriculture Sciences "Florida- frriendly Landscapes" gram, or an approved equivalent progmprior to obtaining _an Indian River County Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants, Commercial Fertilizer Applicators shall provide -proof of cog letion of the program to the Indian River County Tax Collector's Office within 180 days of the effective date of this ordinance. (b) After December 31, 2013, all Commercial Fertilizer Applicators within Indian River County Fertilizer Applicator per Rule 5E- 14.117(181 Florida Administrative Code (c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawn& golf courses commercial properties and multi - family and condominium wo des) must ensure that at least one employee has a "Florida - friendly Best Mena eg gent Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate Owners for any category of Page 7 of9 ORDINANCE NO. 2013 - 012 occupation which may apply any fertilizer to turf and/or landscM Wants shall provide proof of completion of the program to the Indian River County Tax Collector's Office Section 316.13. Enforcement. This chanter may be enforced by the Code Enforcement Officer in the Public Works Department who is devoted to issues pertaining to this Chapter, pursuant to Chapter 162 Florida Statutes and §103.07 of this Code In addition, this chapter may be enforced by the Environmental Control Officer pursuant to Chapter 85 -427, Special Acts, Laws of Florida. and §303.14 of this Code. Penalties and remedies for violations shall be as set forth in §100.05 of this Code and to the extent applicable, Chapter 85 -427, Special Acts, Laws of Florida. Funds generated by penalties imposed under this section shall be used by Indian River County for the administration and enforcement of §403.9337, Florida Statutes, and the corresponding sections of this chapter and to fiuther water conservation and nonpoint pollution prevention activities Section 316.14. References to state law. Anv references in this chapter to Florida Statutes, rules or regulations shall refer to such statutes rules or regulations, as amended from time to time, Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of Indian River County. unless such applicator is specifically exempted: provided. however. that this chapter shall not apply within the limits of any municipality which has adopted an ordinance regulating the same subject matter. This chapter shall be prospective only, and shall not impair my existing contracts. Section 4. Severabiiity. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re- lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Page 8 of 9 ORDINANCE NO. 2013 - 012 Section 6. Directing County Attorney's Office to Post Summary on County Website. The County Attorney's Office is directed to post a summary of this ordinance on the County's website within 15 days of the filing of this ordinance with the Florida Department of State. Section 7. Effective Date. This ordinance shall become effective 45 days after the filing of the ordinance with the Florida Department of State_ This ordinance was advertised in the Vero Beach Press Journal, on the 8th day of July, 2013, for a public hearing to be held on the 1801 day of July, 2013, and on the 10th day of August, 2013 for an additional public hearing to be held on the 2e day of August, 2013, at which time it was moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted by the following vote: Chairman Joseph E. Flescher ME Vice Chairman Wesley S. Davis AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Tim Zorc Ay�,� The Chairman thereupon declared the ordinance duly passed and adopted this & day of August, 2013. °Sl4F�ks 1S •''•'� BOARD OF COUNTY COIYIlVMSIONERS a'vS,: • INDIAN RIVER COUNTY, FLORIDA sue• •�'i 02� iS%a ''o� •• , JQ'° h . Flescher, Chairman •O ATTEST: Jeffrey R. Smith, C1dii�V�f Approved as to form and legal sufficiency: Dep* Clerk DybQre0m1gD1d, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. 4�.a..m,. Page 9 of 9 ORDINANCE NO. 0-12-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO ENVIRONMENTAL REGULATION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, CHAPTER 50 "HEALTH AND SANITATION" BY PROVIDING FOR CREATION OF SECTION 50 -5 "FLORIDA - FRIENDLY FERTILIZER USE "; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian finds that misuse of fertilizers has a secondary and cumulative environmental effect on the Indian River Lagoon, and other surface water bodies in the City of Sebastian; and WHEREAS, the regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, is an important step in improving and maintaining water and habitat quality; and WHEREAS, this ordinance provides for the enactment of such regulations governing the use of fertilizers on lands within the City of Sebastian that contribute to adverse impacts on the Indian River Lagoon and other surface water bodies; and WHEREAS, in addition, the City of Sebastian is located within the watershed of the Indian River Lagoon which water body is listed as impaired by nutrients pursuant to Section 403.067, Florida Statutes; and WHEREAS, Section 403.9337(2), Florida Statutes, requires that each county and municipality located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to Section 403.067, Florida Statutes, shall, at a minimum, adopt the Florida Department of Environmental Protection's "Model Ordinance for Florida - Friendly Fertilizer Use on Urban Landscapes'; and WHEREAS, as a result of the impairment of the Indian River Lagoon caused by excessive nutrients and the mandates of Section 403.067, Florida Statutes, the City Council of the City of Sebastian desires to adopt the Florida Department of Environmental Protection's August 2010 model ordinance for "Florida- Friendly Fertilizer Use on Urban Landscapes" which adoption may require additional management measures contained in the most recent edition of the "Florida - Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008 ". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: SECTION 1. AMENDING CHAPTER 50. HEALTH AND SANITATION. Chapter 50, Health and Sanitation, of the Code of Ordinances is hereby amended by creating a new Section 50-5 entitled "Florida - Friendly Fertilizer Use on Urban Landscapes" reading as follows: "Section 50 -6. Florida - Friendly Fertilizer Use on Urban Landscapes. (a) Findings. As a result of impairment to the City of Sebastian's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs within the boundaries of the City of Sebastian, the City Council has determined that the use of fertilizers on lands within the City of Sebastian creates a contributing risk that adversely effects surface and/or ground water. Accordingly, the City Council of the City of Sebastian finds that management measures contained in the most recent edition of the "Florida- Friendly Best Management Practices for Protection of Water resources by the Green Industries, 2008" may be required. (b) Purpose and Intent. This Section regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibition Application Period; specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on the City of Sebastian's natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well -being of the City of Sebastian's residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. (c) Definitions. For this Chapter, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the City Manager, or any other City official designated by the City Manager. "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape plants. "Applicator" means any Person who applies fertilizer on turf and/or landscape plants in the City of Sebastian. "Board" or "Governing Board" means City Council of the City of Sebastian. "Best Management Practices" means turf and landscape practices or combinations 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. "Code Enforcement Officer, Official or Inspector" means any designated employee or agent of the City of Sebastian whose duty is to enforce codes and ordinances enacted by the City of Sebastian. "Commercial Fertilizer Applicator", except as provided in 482.1562(9) F.S., 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. "Fertilize ", "Fertilizing ", or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or landscape plants. "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. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. "institutional Applicator" means any person, other than a private, non - commercial or a Commercial Applicator (unless such definitions also apply 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. "Landscape Plant" means any native or exotic tree, shrub or groundcover (excluding turf). "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. "Person" means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, an /or any group of people acting as an organized entity. "Prohibited Application Period" means the time period during which a Flood Watch or Warning, or a Tropical Storm Water or Warning, or a Hurricane Watch or Warning is in effect for any portion of the City of Sebastian, issued by the National Weather Service, or if rainfall equal to or greater than 2 inches in a 24 -hour period is likely. "Sebastian Approved Management Practices Training Program" means a training program approved per 403.9338 F.S., or any more stringent requirements set forth in the this Chapter 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, 2008" as revised and approved by the administrator. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require flow. For the purpose of this section, 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. "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. "Turf, "Sod ", or "Lawn" means a piece of grass- covered soil held together by the roots of the grass. "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway right -of -way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in section 570.02 F.S." (d) Applicability. This Section shall be applicable to and shall regulate all applicators of fertilizer and areas of application of fertilizer within the City of Sebastian unless such applicator is specifically exempted by the terms of this Section from the regulatory provision of this Section. This Section shall be prospective only, and shall not impair any existing contracts. (e) Timing of Fertilizer Application. No applicator shall apply fertilizers containing nitrogen and /or phosphorus to turf and /or landscape plants during the Prohibited Application Period, or to saturated soils. 3 (f) 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) or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge, is used, in which case a minimum of three (3) feet shall be maintained. if more stringent City of Sebastian 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 need to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. (g) 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 City of Sebastian 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. (h) Fertilizer Content and Application Rates. 1. Fertilizer applied to turf within the City of Sebastian shall be formulated and applied in accordance with requirements and directions provided by Rule 5E- 1.003(2) Florida Administrative Code, labeled Requirements for Urban Turf Fertilizers. 2. Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydro-seeding for temporary permanent erosion control in an emergency situation (wildfire, etc), or in accordance with the Stormwater Pollution Prevention Plan for that site. 3. Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (1) above for turf, or in OF /IFAS recommendations for landscape plants, vegetable gardens, and fruit tress and shrubs, unless a soil or tissue deficiency has been verified by an approved test. W Application Practices. 1. 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, include wetlands. 2. Fertilizer shall not be applied, spilled or otherwise deposited on any impervious surfaces. 3. 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. 4. 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. 5. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. 4 Q) Management of Grass Clipping 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 practicable. (k) Exemptions. The provisions set forth in the Chapter shall not apply to: 1. Bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14, F.S.; 2. Other Properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; 3. 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. (1) Training. 1. All commercial and institutional applicators or fertilizer within the City of Sebastian, 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 Extension "Florida- Friendly Landscapes" program, or an approved equivalent. 2. Private, non - commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. (m) Licensing of Commercial Applicators. 1. Prior to January 1, 2014, all commercial applicators of fertilizer within the City of Sebastian, shall abide by and successfully complete training and continuing education requirements 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 Landscapes" program, or an approved equivalent program, prior to obtaining a City of Sebastian Local Business Tax Receipt for any category of occupation which may apply any fertilizer to turf and /or landscape plants. 2. After December 31, 2013, all commercial applicators of fertilizer within the City of Sebastian, 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) F.A.C. 3. 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 and fertilizer to turf and /or landscape plants shall provide proof of completion of the program to the City of Sebastian. 5 LIM (n) Enforcement. The provisions of this Section may be enforced pursuant to any method provided for by the Code of Ordinances or general law. SECTION 2. CONFLICT. All ordinance or parts of ordinance in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Hill . The motion was seconded by Councilmember Wright and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice -Mayor Don Wright aye Councilmember Andrea B. Coy nay Councilmember Richard H. Gillmor aye Councilmember Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 9thday of May, 2012. ATTEST: c Sally A. M ' , MMC City Cle CITY OF SEBASTIAN, FLORIDA Mayor Approved as to form and Legality for reliance by the city of Sebastian only: Robert A. Ginsburg City Attorney N. 5E -1.003 Labels or Tags. (1) LABEL REQUIREMENTS FOR ALL FERTILIZER PRODUCTS. (a) Labels setting forth the information specified in this section shall be attached to or accompany any fertilizer distributed in the state. For packaged products, this information shall either (1) appear on the front or back of the package, (2) occupy at least one - third of a side of the package, or (3) be printed on a tag and attached to the package. This information shall be in a readable and conspicuous form. For bulk products, this information in printed form shall accompany delivery and five analysis tags attached to the delivery ticket shall be supplied to the purchaser at time of delivery. The following information is required on labels for all fertilizer products. 1. Brand name. 2. The grade (Provided that the grade shall not be required when no primary nutrients are claimed). 3. Guaranteed analysis, in the following format: Total Nitrogen (1) percent Nitrate Nitrogen percent Ammoniacal Nitrogen percent Water Soluble Nitrogen percent Urea Nitrogen percent Water Insoluble Nitrogen Available Phosphorus (P205) Soluble Potassium (K20) Secondary and Micro Plant Nutrients (list all claimed or advertised) % Derived From: 4. Name and address of licensee. 5. The net weight (The term "Bulk" shall suffice for bulk products). (b) The nitrogen breakdown shall be equal to the total nitrogen guarantee. When urea is present it may be guaranteed as other water soluble nitrogen, or urea nitrogen at the option of the licensee. When urea formaldehyde is present, not more than 40 percent of the total nitrogen from this source may be claimed as other water soluble nitrogen, or urea nitrogen at the option of the licensee. When the term "organic" is used in the label, labeling, or advertisement of any fertilizer, the water insoluble nitrogen must not be less than 60% of the total guaranteed nitrogen so designated. (c) The terms "Available Phosphoric Acid" or "Available Phosphate" and "Soluble Potash" may be used instead of "Available Phosphorus" and "Soluble Potassium ", respectively. (d) Unacidulated mineral phosphatic materials, basic slag, bone meal, and other phosphatic materials shall be guaranteed as to both the total and available phosphorus (P205), and, in addition thereto, unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to degree of fineness. (e) Only those materials which actually constitute sources of primary and secondary plant and micro nutrients shall be shown on the application for registration and the label under the statement "Derived from: ". Commercial, registered or copyrighted brand or trade names shall not be permitted in guarantees or listing of source materials and only in the product name or advertising claims of fertilizer produced by or for the firm holding the rights to such a name. (f) When a chelated form of a plant nutrient is claimed. in addition to another form of the same element, the chelated portion shall be guaranteed and the specific chelated nutrient shall be listed as a source in the "Derived from" statement. The chelated guarantee shall be equal to or less than the "Soluble" or "Water Soluble" element guarantee. (g) Guarantees for secondary or micro plant nutrients except chelated forms of secondary or micro plant nutrients shall be as follows: 1. Magnesium (Mg) shall be expressed as "Total Magnesium" if derived from insoluble compounds; "Soluble Magnesium" or "Water Soluble Magnesium" if derived from "magnesium sulfate or other soluble compounds'; or both if derived from combinations of soluble and insoluble sources. 2. When sulfur (S) is claimed as a plant nutrient, it shall be specified as to the form present, either "free" or "combined ", or both. "Specialty Fertilizer" defined in Section 576.011(36), F.S., shall be exempt from Sulfur guarantees. 3. Manganese (Mn) shall be expressed as "Total Manganese" if derived from insoluble compounds "Soluble Manganese" or "Water Soluble Manganese" if derived from manganese sulfate, manganese nitrate, manganese chloride or other soluble compounds; or both Total and Soluble or Water Soluble if derived from combinations of soluble and insoluble sources. 4. Iron (Fe) shall be expressed as "Total Iron" if derived from insoluble compounds. "Soluble Iron" or "Water Soluble Iron" if derived from iron sulfate, iron nitrate, iron chloride or other soluble compounds; or both Total and Soluble or Water Soluble if derived from combinations of soluble and insoluble sources. 5. Zinc (Zn) shall be expressed as "Total Zinc" if derived from insoluble compounds. "Soluble Zinc" or "Water Soluble Zinc" if derived from zinc sulfate, zinc nitrate, zinc chloride or other soluble compounds; or both Total and Soluble or Water Soluble if derived from combinations of soluble and insoluble sources. 6. Copper (Cu) shall be expressed as "Total Copper" if derived form soluble compounds; "Soluble Copper" or "Water Soluble Copper" if derived from copper sulfate, copper nitrate, copper chloride or other soluble compounds; or both Total and Soluble or Water Soluble if derived from combinations of soluble and insoluble sources. 7. Boron (B) shall be guaranteed as to soluble boron, expressed as "boron '. 8. Other secondary or micro plant nutrients shall be guaranteed as to the total element, expressed as the element. 9. Minimum secondary or micro plant nutrient guarantees for specialty fertilizer shall be as follows, except guarantees for those water soluble nutrients labeled for ready to use foliar fertilizers, ready to use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting soils. Aluminum (Al) .10% Boron (B) .02% Calcium (Ca) .50% Cobalt (Co) .0005% Copper (Cu) .02% Iron (Fe) .02% Magnesium (Mg) .10% Manganese (Mn) .02% Molybdenum (MO) .0005% Sulfur (S) 1.00% Zinc (Zn) .02% (2) FERTILIZER LABEL REQUIREMENTS FOR URBAN TURF, SPORTS TURF OR LAWNS. (a) Definitions. 1. "Urban Turf' or "Lawns" means non agricultural land planted in closely mowed, managed grasses except golf courses, parks and athletic fields. 2. "Sports Turf' means non agricultural land planted exclusively for golf courses, parks and athletic fields. 3. "No Phosphate Fertilizer" means fertilizer products with phosphate levels below 0.5% intended for established urban turf or lawns. 4. "Low Phosphate Fertilizer" means fertilizer products intended for new or established urban turf or lawns, with phosphate levels equal to or above 0.5% or as provided in paragraph (2)(b). 5. "Starter Fertilizer" means a fertilizer formulated for a one -time application at planting or near that time to encourage root growth and enhance the initial establishment. 6. "Established Urban Turf' means urban turf older than 12 months. 7. "New Urban Turf' means urban turf established less than 12 months. (b) Fertilizer products labeled for use on sports turf, urban turf or lawns shall be no phosphate or low phosphate and have labeling that meets the restrictions set forth in this rule for the application of nitrogen. 1. No phosphate fertilizers shall not contain more than 0.5% of available phosphate expressed as P205 . The "grade" shall indicate a zero guarantee. 2. Fertilizers labeled as low phosphate shall have use directions that do not exceed an application rate of 0.25 lbs P2O5/1000ft per application and not to exceed 0.50 lbs P205/10001f per year. Label use directions may be included that allow higher rates if an annual soil sample representative for the site shows the need for a higher application rate. 3. Fertilizers labeled as, or formulated for use as, starter fertilizer shall have use directions that do not exceed an application rate of 1.0 lb of PZOS/ 1,000 fC and that subsequent applications shall be made with products meeting the definition of Low or No Phosphate fertilizers. The term "starter fertilizer" shall be part of the brand name. 4. Fertilizers labeled as urban turf, sports turf, or lawn fertilizer shall have directions for use for nitrogen that: a. Are consistent with the recommendations in the following table: 101 Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida Nitrogen recommendations (lbs N / 1000 ft2 / year)* Species North Central South Bahiagrass 2 -3 2 -4 24 Bermudagrass 3 -5 4 -6 5 -7 Centipedegrass 1 -2 2 -3 2 -3 St. Augustinegrass 24 2 -5 4 -6 Zoysiagrass 3 -5 3 -6 4 -6 North Florida is north of Ocala. Central Florida is defined as south of Ocala to a line extending from Vero Beach to Tampa. South Florida includes the remaining southern portion of the state. b. Nitrogen shall not be applied at an application rate greater than 0.7 lbs of readily available nitrogen per 1000 ft at any one time based on the soluble fraction of formulated fertilizer, with no more than 1 lb total N per 1000 ft to be applied at any one time and not to exceed the annual nitrogen recommendations in the Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida, set forth herein. Use directions for nitrogen may be included that allow higher rates if an annual tissue sample representative of the site shows the need for a higher application rate. 5. The following language shall appear conspicuously on bags of fertilizer sold at retail: "Do not apply near water, storm drains or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn /garden, and sweep any product that lands in the driveway, sidewalk, or street, back onto your lawn /garden." (c) Specialty fertilizers labeled for urban turf or lawns shall have directions for use that include: 1. Application rate for phosphorous shall not exceed 0.25 lbs. P205/1 000 fl? per application and not exceed 0.50 lbs. P205/1 000 ft per year. Label use directions may be included that allow higher rates if an annual soil sample representative for the site shows the need for a higher application rate. 2. Application rates for nitrogen shall not exceed 0.7 lbs of readily available nitrogen per 1000 flat any one time based on the soluble fraction of formulated fertilizer, with no more that 1 lb total N per 1000 ft to be applied at any one time and not to exceed the annual nitrogen recommendations in the Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida. Use directions for nitrogen may be included that allow higher rates if an annual tissue sample representative of the site shows the need for a higher application rate. 3. Rates shall be expressed in units of weight or volume per unit of area coverage (where application rates are given in volume, the label shall provide sufficient information to calculate the application rates by weight). 4. Rates shall be expressed per 1000 square feet. 5. Maximum coverage area per container or bag shall be displayed prominently on the Front of the container or bag. (i.e. This product covers 5000 square feet, This bag feeds 4000 square feet). (d) Fertilizers labeled for sports turf at golf courses, parks and athletic fields shall: 1. Have directions for use not to exceed rates recommended in the document titled SL 191 "Recommendations for N, P, K and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich I Extractant", dated March 2007, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from the Soil and Water Science Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL 32611 or the following website: http: / /edis.ifas.ufl.edu/SS404. 2. Have directions for use in accordance with the recommendations in `BMP's for the Enhancement of Environmental Quality on Florida Golf Courses ", published by the Florida Department of Environmental Protection, dated January 2007. Copies may be downloaded from http: // www.dep. state .fl.us /water /nonpoint/pubs.htm. (e) Fertilizers other than specialty fertilizers labeled for urban turf shall have directions for use not to exceed rates recommended in the document titled Best Management Practices for Protection of Water Resources in Florida, June 2002, Florida Green Industries, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from http : / /www.dep.state.fl.us/water/ nonpoint/docs /nonpointBMP Book. (f) Existing Stock — Licensees are permitted to sell or distribute products that do not meet the label requirements of the rule for one and one -half years after the effective date of the rule. Products at the retail level on or after the effective date of the rule are permitted to be offered for sale. (3) SOIL ADDITIVES, SOIL AMENDMENTS AND SOIL CONDITIONERS. The following information shall appear on the product label in a conspicuous and readable form: (a) Guaranteed analysis, in the following format. Soil Amending Ingredients: "Name of ingredient" ova (Identify and list all soil amending ingredients) Total Other Ingredients % (b) Purpose of product. (c) Directions for application. (d) Net volume, in lieu of net weight, may be used for labeling mulch products or materials sold for primary use as above ground dressing. (4) SLOW OR CONTROLLED RELEASE, STABILIZED NITROGEN AND ENHANCED EFFICIENCY FERTILIZERS. (a) Definitions, 1. Slow or controlled release fertilizer means a fertilizer containing a plant nutrient in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant significantly longer than a referenced "rapidly available nutrient fertilizer" such as ammonium nitrate or urea, ammonium phosphate or potassium chloride. 2. Stabilized Nitrogen Fertilizer means a fertilizer to which a nitrogen stabilizer has been added. 3. Nitrogen stabilizer means a substance added to a fertilizer which extends the time the nitrogen component of the fertilizer remains in the soil in the urea or ammoniacal form. Urease inhibitors and nitrification inhibitors are nitrogen stabilizers. 4. Urease Inhibitor means a substance which inhibits hydrolytic action on urea by the urease enzyme. When applied to soils the effect of the urease inhibitor is less urea nitrogen lost by ammonia volatilization. 5. N- (n- butyl) thiophosphoric triamide (NBPT) means a compound that is the normal butyl derivative of thiophosphoric triamide and is a urease inhibitor (CAS No. 94317- 64 -3). 6. Nitrification Inhibitor means a substance that inhibits the biological oxidation of ammoniacal nitrogen to nitrate nitrogen. 7. Cyanamide means a commercial product consisting principally of calcium cyanamide (CaNCN). It is a nitrification inhibitor. 8. Dicyandiamide means a water soluble organic compound of formula C2114N4 which contains at least sixty -five percent 65% nitrogen. It is a source of slowly available nitrogen. It is a nitrification inhibitor. 9. Ammonium Thiosulfate means a commercial product composed principally of (NH4)2S2O3. It is a nitrification inhibitor. 10. Enhanced Efficiency Fertilizer means a fertilizer product with characteristics that minimize the potential of nutrient losses to the environment, as compared to a "reference soluble" product. (b) When one or more slow or controlled release, stabilized nitrogen or enhanced efficiency fertilizers are claimed or advertised, the guarantees for such nutrients shall be shown as a footnote following the listing of source materials and shall be expressed as percent of actual nutrient. (c) Listing of source materials providing slow or controlled release characteristics by controlling the water solubility of a naturally soluble material (as by coating or occlusion) shall constitute a claim of controlled release nutrient, and a guarantee for such nutrient shall be required. (d) Listing of source materials in which availability of nitrogen is controlled through slow hydrolysis of water soluble organic nitrogen compounds shall constitute a claim of slow or controlled release nutrient and a guarantee for such nutrient shall be required. cj�) The reference for such availability shall be the enzymatic hydrolysis of urea. (e) No guarantee, claim or advertisement shall be made or required when a slow or controlled release, stabilized nitrogen or enhanced efficiency nutrient is less than 15 percent of the total guarantee for that nutrient. (5) CHLORINE GUARANTEE. (a) Chlorine shall be guaranteed as to maximum percentage content, when applicable, in agricultural fertilizer. "Specialty Fertilizer" defined in Section 576.011(36), F.S., shall be exempt from chlorine guarantees. (b) Maximum chlorine shall be guaranteed in all brands which contain one percent (1%) or more, or in which potassium chloride or other materials bearing substantial amounts of chlorine are present. (c) The maximum chlorine shall be guaranteed in all brands intended for use on tobacco. (d) Maximum chlorine guarantees shall be reasonably accurate and not misleading, and consistent with source materials present. Two percent (2 %) shall be the maximum permissible guarantee in fertilizers, except where potassium chloride, fish emulsion, or other high chlorine materials are present. (6) DECLARATION OF FLORIDA LICENSEE NUMBER. (a) The Florida Licensee Number, shall appear and be clearly identified on all fertilizer labels with a capital "F" preceding the license number. (b) The number must be clear, legible and appear prominently and conspicuously on the label in proximity to the brand name or guaranteed analysis. The number must be placed in such a manner as to avoid any misinterpretation or confusion with percentages, pounds, or figures, statements, and in no way be misleading. (7) REGISTRATION OF SPECIALTY FERTILIZER PRODUCTS. All specialty fertilizers to be sold within the state must be registered with the Bureau of Compliance Monitoring prior to any sale. Each product will be registered by filing the properly completed appropriate form with the Bureau. Only one form will be submitted for each product. Specialty fertilizer packaged, marketed, and distributed for home and garden use and packaged in quantities of forty-nine pounds or less (Specialty Fertilizer) will be registered upon the filing of properly completed Application for Specialty Fertilizer Registration (Fertilizer Form DACS- 13220, Rev. 07/09) and Application for Registration of Specialty Fertilizer (Fertilizer Form DACS- 13203, Rev. 06/08). (8) LICENSEE. (a) Any person whose name is on a fertilizer label and who guarantees the fertilizer must obtain a license prior to distribution of that fertilizer to a non - licensee. (b) A license will be granted upon receipt of a properly executed Application for Fertilizer License (Fertilizer Form DACS - 13222, Rev. 5/03. (9) All forms and filing specifications contained in this rule are hereby adopted and incorporated by reference and may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 6, Tallahassee, Florida 32399 -1650, (850)188 -8731 or by visiting the Department's website at http: / /www.doacs. state. fl. us /onestop /aes /fertilizer.html #forms. Rulemaking Authority 570.07(23), 576.181 FS. Law Implemented 576021, 576031, 576.181 FS. History}- Revised 1- 23 -67, Amended 10- 22 -68, 1- 1-77, 3- 27 -77, Formerly 5E -1.03, Amended 8 -3 -93, 7-9-95,10-25-98,12-31-07,1-18-10. n 5E- 14.117 Application for Examination for Department Applicator Credentials. (1) An applicant for examination for a pest control operator's certificate and special identification card shall complete and submit the following: (a) FDACS - 13607, Pest Control Examination Application, Rev 05/08, (b) FDACS - 13627, Employment Service, Rev 08/08, (c) FDACS- 13653, Documented Pesticide Application for Certification Exam Qualification, Rev 09/08, (d) A passport type and quality, full -face photograph of the applicant at least one and one -half inches by one and one -half inches in size. The above referenced forms are hereby adopted and incorporated by reference and available on the Department's website at http://www.freshfromflorida.com/onestop/aes/pestcont.htrnl. (2) Each applicant shall submit affidavits documenting qualifications for examinations as provided by Section 482.132, F.S. (3) An applicant having three years documented service employment with a licensee who performs pest control in all categories is qualified for examination in all categories, provided however that: (4) The applicant must have a minimum of nine (9) months service employment in each category for which he makes application for examination. (5) An applicant having three years service employment with a licensee who performs pest control in less than all categories is qualified for the examination in those categories only, provided however, that: (6) An applicant may qualify for examination in an additional category after having nine (9) months service employment with a licensee who performs pest control in such additional category. (7) A Department identification card held for three years as a service employee will constitute proof of experience with respect to the time requirement. Documented out -of -state experience claimed will be credited on an equivalent basis. (8) Any applicant for examination whose license, identification card, pest control operator's certificate or special identification card has been denied (issuance stopped), is under suspension, revocation or probation by the Department, shall not be permitted to take any examination while under such denial, suspension, revocation or probation. (9) Applicants may be examined for certification in one or more of the following categories of pest control: (a) Fumigation; (b) General household pest control, which includes rodent control; (c) Termite or other wood - infesting organism control; (d) Lawn and ornamental pest control. (10) Prior to application for examination, an applicant for examination for Termite/Wood Destroying Organism Pest Control, Lawn and Ornamental Pest Control, or General Household Pest Control certification must participate in a minimum of 45 jobs in Florida under the supervision of a certified operator in each category that the applicant seeks certification. An applicant for the Fumigation certification and a Special Identification Card must participate in a minimum of 15 jobs in Florida under the supervision of a certified operator prior to application for examination. An applicant for Termite/Wood Destroying Organism Pest Control, Lawn and Ornamental Pest Control, or General Household Pest Control certification shall document all 45 jobs on FDACS -13653 and the supervising certified operator shall certify that the documented jobs were participated in by the applicant under his supervision and that the applicant has demonstrated the requisite knowledge to perform and supervise such work. An applicant for the Fumigation certification and a Special Identification Card examination shall document their participation in 15 general fumigations (as defined by subsection 5E- 14.102(4), F.A.C.) on FDACS -13653 and the supervising certified operator shall certify that the documented jobs were participated in by the applicant under his supervision and that the applicant has demonstrated the requisite knowledge to perform and supervise such work. (11) Applicants for limited certification in Commercial Landscape Maintenance shall submit an examination fee of $150. The annual recertification fee shall be $75. (12) Applicants shall be examined for special identification card in fumigation pursuant to Section 482.151(3), F.S. (13) Each applicant for examination shall submit evidence of having participated in as many general fumigation operations as possible but not fewer than 15 general fumigation operations within this state under the supervision of a certified operator certified in fumigation. (14) Applicants for special identification card examination are not required to be high school graduates. (15) Each applicant for special identification card examination must submit proof to the department that he is not under the disabilities of minority and is qualified to be a special identification cardholder with safety to persons and property. na (16) An applicant who fails to pass one or more category or special identification card examinations may reapply for examination upon filing the prescribed application accompanied by a fee of $300 for each category examination or $200 for each special identification card examination. (17) Applicants for limited certification for governmental pesticide applicators or private applicators shall submit an examination fee of $150. (18) Beginning January 21, 2014, any person applying commercial fertilizer to an urban landscape must have a limited certification for urban landscape commercial fertilizer as provided herein. Applicants for limited certification for urban landscape commercial fertilizer must submit a copy of the training certificate issued pursuant to Section 403.9338 F.S., with their completed Application for Limited Certification for Urban Landscape Commercial Fertilizer, FDACS -13677 Rev 08/09 and the application fee of $25.00. The renewal fee for the limited certificate for urban landscape commercial fertilizer is $25.00. (19) Applicants for limited certification for commercial wildlife management shall submit an examination fee of $150 with their completed application using the form entitled, Limited Certification for Commercial Wildlife Management, FDACS- 13685, Rev 09/11, that may be obtained by visiting bM2://www.flrules.orp-/Gatewgy/reference.aM?No=Ref-00988. Certificate holders shall submit an annual recertification fee of $75.00 with their completed Recertification Notice Limited Commercial Wildlife Management, FDACS- 13684, Rev 02/12, and may be obtained by visiting btip://www.flrules.orp,/Gatewu/reference.W?No=Ref- 01206. (20) All forms and filing specifications contained in this rule are hereby adopted and incorporated by reference and may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control, 3125 Conner Boulevard, Suite N, MS C41, Tallahassee, Florida 32399-1650,(850) 617 -7997. Rulemaking Authority 482.051, 482.1562 FS. Law Implemented 482.131, 482.132, 482.141, 482.151, 482.152, 482.156, 482.1562, 482.157 FS. History -New 1 -1 -77, Amended 6- 27 -79, 6- 22 -83, 10- 25 -90, Formerly IOD- 55.117, Amended 8- 11 -93, 7 -5 -95, 5- 28 -98, 4- 29 -02, 7- 11 -07, 2- 24 -09, 5- 12 -10, 5- 20 -12. i� Indian River Neighborhood Association Prepared by D. Ecker, August 28, 2013 Comparative Model Fertilizer Ordinances Note: Provisions listed are those not held in common. Provisions with different, non - substantive wording are not included. Provision IRC COVB IRS Sebastian Code enforcement officer Yes No Yes No Environmental Control Officer Yes No No Yes Guaranteed analysis No Yes Yes Yes of nutrients claimed Fertilizer free zone of 10 ft Yes 6ft 6ft Yes If using a shield, 3 ft. No Yes Yes Yes Restricted season Yes No No No No phosphorous without soil test Yes No No No Nitrogen must be 50% slow release Yes No No No All fertilizer products sold must have Yes No No No information complying with Rul 5E General public education program Yes No No No Exemptions Research Yes Yes Yes Yes Agriculture Yes No No Yes Provision Exemptions (continued) Grazing live stock Golf courses Athletic fields, schools, public parks Private vegetable gardens Enforcement with specific regulatory references and a code enforcement officer IRC COVB IRS Sebastian Yes No No No Yes No No No Yes No No No Yes No No No Yes No Yes No Notes: 1) The definition of heavy rain was dropped from the first version. 2) Amplification of Rule E, embedding provisions within the Ordinance was dropped between the third and final versions.