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Florida Fertilizer Ordinances – the Good, the Bad, and the Ugly

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Florida Fertilizer Ordinances – the Good, the Bad, and the Ugly Florida Fertilizer Ordinances – The Good, the Bad, and the Ugly Florida Stormwater Association 2014 Annual Conference June 13, 2014 Harvey H. Harper, Ph.D., P.E. Environmental Research & Design, Inc. 2 Nitrogen 250,000 Fertilizer Use in 200,000 Florida 150,000 (Source: FDACS) 100,000 Nitrogen (tons) Nitrogen 50,000 Fertilizer is a multi-billion 0 dollar industry in Florida Farm Non Farm Fertilizer use in Florida increased steadily each Phosphate 100,000 year until about 2000 90,000 80,000 70,000 60,000 Use has declined 50,000 significantly since 40,000 30,000 (tons) Phosphate 20,000 FDACS suggests that 10,000 0 decline is due to fertilizer regulation Farm Non Farm 3 Farm Acreage 10,400,000 Fertilizer Use in 10,200,000 Florida 10,000,000 (Source: FDACS) 9,800,000 9,600,000 9,400,000 Fertilizer decrease highly FarmedAcreage 9,200,000 correlated with decrease in farm land 9,000,000 8,800,000 8,600,000 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Phosphate (as P2O5) Nitrogen (as N) (Multiply x 0.44 to get P) 250,000 90,000 R² = 0.78 80,000 200,000 R2 = 0.80 70,000 60,000 150,000 50,000 40,000 100,000 30,000 20,000 50,000 10,000 Nitrogen Use (tons/yr) Use Nitrogen Phosphate Use (tons/yr) Phosphate Use 0 0 9.0 9.5 10.0 10.5 11.0 9.0 9.5 10.0 10.5 11.0 Farming Area (acres x 106) Farming Area (acres x 106) 4 Comparison of Florida Nitrogen Fertilizer Consumption (tons) by Use from July 2010-June 2011 (6% of total) Mean N composition = 7.4% Comparison of Florida Phosphorus Fertilizer Consumption (tons) by Use from July 2010-June 2011 (3% of total) Mean P composition = 2.2% History of Fertilizer Regulation in Florida First known regulation of fertilizer in Florida occurred in Wellington in Palm Beach County during 2000 – Large equestrian community on 5+ acre lots – Limited P content in fertilizer to 2% (as P2O5) – Established a minimum setback of 5 ft for fertilizer applications adjacent to waterways – Deflector shields for broadcast spreaders Second ordinance enacted in the Town of Windermere (2004) in Orange County – Limited P content in fertilizer to 3% (as P2O5) 7 History of Fertilizer Regulation in Florida One of first comprehensive ordinances was established in Sarasota County (2007) – summer blackout period for fertilizer applications – minimum setback of 10 ft adjacent to waterbodies, with recommended 6 ft maintenance zone – deflector shields required – require minimum 50% slow-release fertilizer mixtures – establish a maximum annual nitrogen application limit – limits P application rates to 0.25 lb/1000 ft2/application and 0.5 lb/1000 ft2/year – commercial applicators must complete Sarasota County BMP training – includes enforcement language Code Enforcement Officers or designated inspectors are empowered to make inspections and issue citations Initial offense receives a Warning Notice Second offense receives a Citation – civil penalty with fine not to exceed $500 8 History of Fertilizer Regulation in Florida – cont. City of Sanibel – 2007 – Establishes summer wet season blackout period – Minimum setback of 25 feet from waterbodies – Minimum 70% as slow-release form – Limits soluble nitrogen which can be applied – P limited to 2% or less (as P2O5) Ordinance adoptions accelerated in 2008 Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes released during 2008 by FDEP – Referred to as “FDEP Model Ordinance” or just “Model Ordinance” – Update released in 2010 Pinellas County Ordinance adopted in 2010 – One of strictest ordinances – Many of same provisions as Sarasota Ordinance, but also includes: No P applied to any lawn or landscape No retail sale during blackout period Enforcement – Code Violation with fine up to $500 9 History of Fertilizer Regulation in Florida – cont. Currently, more than 64 ordinances – Most regulate residential lawns only – Some, particularly newer ordinances, also regulate commercial applications – Most limit application rates – Most prohibit application adjacent to waterbodies (min. setback variable) – Most prohibit blowing leaves and debris onto impervious surfaces – Most recommend slow-release blends – Prohibit fertilizer applications prior to significant rainfall – Some provide dedicated enforcement officers while others are “honor system” – Most require that commercial applicators complete the BMP Education Program 10 FDACS Urban Turf Fertilizer Rule (5E-1.003, FAC) First statewide regulation of labeling – effective 12/31/07 Developed by FDACS “in cooperation with manufacturers and IFAS” Only applies to labeling of “Specialty Fertilizer” bags (< 49 lbs.) – Primarily impacts retail homeowner market Requirements – Fertilizer sold for use on lawns urban turf must indicate the fertilizer content – Provides N application guidelines for turf grasses – P content cannot exceed 0.5% (as P2O5). Maximum of 0.25 lbs of P2O5 per 1,000 square per application, with no more than 0.50 lbs allowed annually. No additional P applied unless a soil test indicates deficiency – Labeled rates for nitrogen and phosphorus be followed – Requires environmental precaution statements – No enforcement or penalties – Exemptions Starter or “grow in” fertilizers Commercial industries/applicators 11 Florida Friendly Landscaping Program Initiated during 2003 by IFAS and FDEP as a voluntary educational program Developed “Florida Yards and Neighborhoods Handbook” (FYN) – Provides guidelines for conserving water, reducing waste, and pollution, providing wildlife habitats, and preventing erosion in urban landscapes – Provides fertilization recommendations – Widely referenced in fertilizer ordinances – Emphasizes techniques to reduce fertilizer impacts Updated versions of the FYN Handbook issued in 2006 and 2009 12 Green Industries BMP Manual “Green Industries” BMP Manual released in 2008 – “Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries” – Emphasizes appropriate fertilization practices to reduce nonpoint source pollution, including proper rates, timings, and application of fertilizers. – Become general guide book for commercial applicators – Referenced in most fertilizer ordinances – Manual for the FDEP BMP training program 13 FDEP Model Ordinance Requirements Item Summary of Ordinance Requirements Blackout Period None Weather Restrictions No application if a severe thunderstorm, flood, tropical storm, or (Prohibited Application hurricane watch or warning is in effect, or if heavy rain (> 2 inches in Period) 24 hours) is forecast Retail Sale No restrictions Follow Urban Turf Rule1; fertilizers labeled for use on sports turf, urban Application Amount turf, or lawns shall be “no phosphate” (< 0.5%) or “low phosphate” (< Restrictions – 2%); “low phosphate” formulations shall not exceed an application rate Phosphorus 2 2 of 0.25 lbs P2O5/1000 ft per application and 0.5 lbs P2O5/1000 ft /yr Application Amount Follow Urban Turf Rule guidelines by region and turf type Restrictions – Nitrogen Slow-Release Fertilizers No recommendations Other Application No nitrogen or phosphorus first 30 days of new turf or landscape plants Restrictions Grass and Must not wash, sweep, blow, or deposit into stormwater conveyances Landscape Debris or roadways Golf courses (must follow Env. Quality on FL Golf Courses2); Ordinance Exemptions specialized turf (must follow Fla. Green Industries BMPs3); Right-to- Farm Act sites, pastures used for livestock grazing FDEP Model Ordinance Requirements – cont. Item Summary of Ordinance Requirements Low Maintenance Zone 6 ft from any waterbody, wetland, or seawall (recommended) No fertilizer within 10 ft from TOB of any surface waterbody, wetland, Fertilizer-Free Zone or seawall; 3 feet if a drop spreader or deflector shield is used Application Method Broadcast spreaders must be equipped with deflector shields Restrictions Commercial and Institutional Applicators Must obtain Green Industries BMP training within 180 days of Training, Certification ordinance adoption and Licensure Non-Commercial Encouraged to follow IFAS FYN recommendations Applicators Landscape Personnel All businesses applying fertilizer shall have at least one employee Training, Certification, trained in Green Industries BMPs and Licensure Reclaimed Water No mention Enforcement Guidelines only FDEP Model Ordinance Applicability – Each county and municipal government located within the watershed of a water body or water segment that is listed as impaired by nutrients . , shall, at a minimum, adopt the department’s Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes More stringent ordinances may be adopted, if: – (a) The local government has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrient pollution which is science based, and economically and technically feasible, that additional or more stringent standards than the model ordinance are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water body. – (b) The local government documents that it has considered all relevant scientific information, including input from the department, the institute, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, if provided, on the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality degradation. All documentation must become part of the public record before adoption of the additional or more stringent criteria. Attempts to create an administrative
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