Title
Adoption of Alachua County Fertilizer Ordinance (B)
It is proposed that the City Commission adopt a Resolution opting into Alachua County's Fertilizer Ordinance (Ordinance 09-06). The Resolution would allow Alachua County to enforce Florida Friendly Fertilizer rules within the City of Gainesville. This Resolution will satisfy Florida Legislature requirements put forth by SB494 and SB2080.
Explanation
The Florida State legislature recently adopted SB494 and SB2080 which require Florida counties and cities located within watersheds of water bodies impaired for nutrients at a minimum to adopt the Department of Environmental Protection's model ordinance for Florida Friendly Fertilizer Use on urban landscapes.
On September 22nd, 2009, the Alachua County Board of Commissioners adopted a fertilizer ordinance based on the model ordinance. The ordinance includes standards for timing of fertilizer application, training and licensing requirements, fertilizer application rates, and fertilizer-free zones.
It also requires training for all businesses applying fertilizer to turf and/or landscape plants in Alachua County. Each business must ensure that at least one employee has an appropriate "Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate by 2011. Information on training classes is provided at alachuacountywater.org.
Currently this code is only applicable in the unincorporated part of the County. As Gainesville is located within watersheds of water bodies impaired for nutrients, SB494 and SB2080 requires that the City adopt such a fertilizer code. While the state has no set timeline for adoption, this code has the potential to assist immediately in reducing pollutant loads entering local water bodies. Such efforts also satisfy requirements of the City's National Pollutant Discharge Elimination System permit.
Public Works has coordinated internally and also with external staff from Parks, Recreation and Cultural Affairs, Planning and Development Services, Facilities Management, and Codes Enforcement Departments to ensure support for and compliance with this ordinance. At this time, all City staff contacted have made the necessary adjustments in their maintenance practices to comply with this ordinance. A presentation regarding the ordinance has also been given to the local Builders Association.
Alachua County has requested that municipalities within the County opt into Ordinance 09-08 so that Alachua County may enforce these rules throughout the County. If this resolution is passed, enforcement within City limits will occur through the Alachua County Environmental Protection Department at no cost to the City. ACEPD asks for the opportunity to train applicable Codes Enforcement staff to recognize violations of this ordinance so they can assist in enforcement by reporting violations. Codes Enforcement is amenable to attending this training.
Fiscal Note
Funding in the amount of $100 for administrative costs is available in the Gainesville Clean Water Partnership operating budget which is part of the Public Works FY10 operating budget.
Recommendation
The City Commission: 1) adopt the Resolution to opt into Alachua County's Fertilizer Ordinance (Ordinance 09-06).