Consent Agenda Public Hearing II] a3& - Regular

Transcription

1 BOARD OF COUNTY COMMISSIONERS DATE: December 1,2009 AGENDA ITEM NO. 3, Consent Agenda Public Hearing II] a3& - Regular Subiect: Authority to Advertise a Public Hearing for an Ordinance Regulating Landscape Maintenance Practices and the Use of Fertilizers Containing Nitrogen and/or Phosphorus Department: Environmental Management Culture, Education and Leisure Recommended Action: Staff Member Responsible: W~lliam M. Davis, Director Paul Couie, Director I RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS (BOARD) APPROVE THE AUTHORITY TO ADVERTISE A PUBLIC HEARING ON JANUARY 5, 2010, FOR AN ORDINANCE REGULATING LANDSCAPE MAINTENANCE PRACTICES AND THE USE OF FERTILIZERS CONTAINING NITROGEN AND/OR PHOSPHOROUS. Summaw Explanati~nlBacknround: On October 27, 2009, the Board held a workshop titled Surface Water Impacts: Landscape Maintenance and Fertilizer Use. After hearing presentations from County staff, Tampa Bay Estuary Program (TBEP), University of Florida Institute of Food and Agricultural Sciences (UFIIFAS), industry representatives, the Sierra Club, and the public, the Board requested an ordinance be brought back for consideration. In 2008, the Tampa Bay Estuary Program (TBEP) hosted a series of workshops on the development of regional guidelines for the use of fertilizers containing nitrogen andlor phosphorous in urban landscapes. Forty two entities representing state and local governments, research groups, and the industry participated. In November 2008, the TBEP Policy Board approved a regional model ordinance to protect and improve water quality in the Tampa Bay watershed. Since the approval of the TBEP model ordinance, Senate Bill 494 was passed in 2009 and set requirements for fertilizer ordinances around the state. The requirements include adoption of the state model fertilizer ordinance as the minimum criteria in areas with impaired waters. Additionally, the Bill allows for more stringent ordinances if the following criteria are met: - 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. 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 UF/IFAS, 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. Revised Page I of 2

2 Based upon the discussion at the BCC Work Session, staff has prepared a response to the questions posed and sought feedback from stakeholders in Sarasota County as to the economic impact of Sarasota County's fertilizer ordinance adopted in These documents are attached. It should be noted that Sarasota County's ordinance features a'restricted period from June I to September 30 during which nitrogen and phosphorous fertilizers cannot be applied. The TBEP model ordinance, the St. Petersburg ordinance, and the Pinellas County ordinance being provided for the Board's consideration proposes a more stringent retail ban on the sale of fertilizers containing nitrogen andlor phosphorous from June 1 to September 30. A retail ban may have a greater economic impact than a restricted period. In addition to this information, the Board should also consider the following: The effective date of the ordinance will be upon adoption; however, the retail sales ban for nitrogen and phosphorous fertilizers and enforcement action will be effective May 1, Approximately 365 days will be needed to meet the training demands for certified applicators and 545 days will be needed to train the landscape maintenance professionals. Additionally, a May 1, 2011 retail sales ban effective date will coincide with the City of St Petersburg's effective date and provide one additional year to develop the retail educational program. Slow-release fertilizer requirements are consistent with the State Best Management Practices training manual, the St Petersburg and Sarasota County ordinances, and are supported by the TBEP. Per UFIIFAS it is well established that most slow-release nitrogen (N) sources leach less N than do soluble N sources under similar rainfall and temperature conditions. Furthermore a recent study by UFAFAS concluded that the use of a slow release nitrogen fertilizer sustained turf health for 6 months after initial application. Slow release products are typically more expensive for the consumer than quick release varieties; however, this additional cost may be offset by the need for fewer applications of the slow release products. Fiscal ImpactlCostlRevenue Summaly: NIA; Based on the structure.of the draft ordinance, County staff can meet the enforcement and inspection demands utilizing existing code enforcement resources. ExhibltslAttachments Attached: Board Questions and Answers from October 27,2009 Work Session Draft Ordinance Feedback from Sarasota County Stakeholders Revised Page 2 of 2

3 SURFACE WATER IMPACTS: LANDSCAPE MAINTENANCE AND FERTILIZER USE Board Questions and Answers from the October 27,2009 Work Session: 1. Reclaimed water: What amount of nitrogen (N) does it contain? Based on the data compiled for the Tampa Bay region, an irrigation event of one inch of reclaimed water from Clearwater, Largo, or Oldsmar would add approximately 0.6 lbs N/year/1000 sq ft; irrigating with reclaimed water from Pinellas County or On Top of the World would add approximately 0.71bs N/year/1000 sq ft; and irrigating with reclaimed water from St. Petersburg wouid add approximately 5.31bs N/year/1000 sq ft. IFAS guidelines for St. Augustine turf are 2-51bs N/year/1000 sq ft. 2. Why didn't the TBEP model ordinance include the use of slow release fertilizers? At the first workshop held by the TBEP, the stakeholders were asked to identify key issues that would be further evaluated over the course of the workshops for inclusion in the regional fertilizer use guidelines. The 50% slow release N products were not one of the issues originally identified. Slow release products were discussed throughout the workshop process and TBEP does support this component of our draft ordinance. Since the TBEP focused on a retail ban from June 1 -Sept 30, the use of slow release fertilizers was not identified as one of the primary issues. 3. Explain the farm and agricultural exemption and why it is included? Why were golf courses exempted in the TBEP model? Do we know what contribution % they are? Agriculture is regulated by the Florida Department of Agriculture and Consumer Services (Section F.S.). The law protects agricultural activities from "duplication of government regulation." Golf courses were "exempted" in many ordinances around the state including St. Petersburg and Sarasota. This issue was discussed at the TBEP workshops and an evaluation was requested. The TBEP analyzed land use data provided by the Southwest Florida Water Management District and determined that when comparing golf course acreages to residential acreages, golf courses represented -5% of the urbanized land uses in the Tampa Bay Watershed (123 1 acres out of -23,960 acres of urbanized lands). Golf Courses are required to have all applicators complete the state BMP training and are required to follow the guidelines developed specifically for golf courses, BA4Ps for the Enhancement of Environn~ental Qunlity on Florida GolfCozlrses, Janzlnry 2007 developed by the Florida Department of Environmental Protection. These BMPYs feature many elements of the proposed ordinance including training, application rates, and application timing and are enforceable.

4 4. What has been the economic impact in Sarasota County of the restricted period? Staff requested input from industry stakeholders including large retail outlets, small garden centers, landscape maintenance companies, and fertilizer manufacturers and distributors. Attached is correspondence from the following respondents. Name and Title 1. Ed Rosenthal, PresidentfCEO Florikan, Inc. Line of Business Fertilizer manufacturer and distributor 2. Michael Juchnowicz Garden Masters SW FL, Inc. Full service landscape management CPCOIPresident (mowing, trimming, chemical application) 3. Jeremy Wilhelm Vice President WilhelmBros., Inc. Full service landscape management 4. Erica Santella TruGreen Co., LLC Chemical application (fertilizers, Regional Technical Manager pesticides, herbicides, etc.) 5. Barry C. Troutman, Ph.D. Valleycrest Landscape Co. Full service landscape management Vice President of Technical Services

5 ORDINANCE NO. AN ORDINANCE REGULATING LANDSCAPE MAINTENANCE PRACTICES AND THE USE OF FERTILIZERS CONTAINING NITROGEN AND/OR PHOSPHORUS WITHIN PINELLAS COUNTY; PROVIDING FINDINGS AND PURPOSE AND INTENT; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING WEATHER AND SEASONAL RESTRICTIONS; PROVIDING FERTILIZER CONTENT AND APPLICATION RATE; PROHIBITING APPLICATION TO IMPERVIOUS SURFACES; PROVIDING FOR MODE OF APPLICATION; PROVIDMG FERTILIZER FREE ZONES; PROVIDING FOR MANAGELVENT OF GRASS CLIPPINGS AND VEGETATIVE MATERIAL; PROVIDING EXEMPTIONS; PROVIDING FOR CERTIFICATION AND TRAINING; RESTRICTING RETAIL SALE OF FERTILIZER CONTAINING NITROGEN OR PHOSPHOROUS; PROVID~NG FOR ENFORCEMENT AND PENALTY; PROVIDING ADDITIONAL INFORMATION AND RECOMMENDATIONS; PROVIDING AREA EMBRACED; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDMG FOR OTHER MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT THE PUBLIC HEARING AND WITH RESPONSIBLE AUTHORITIES. WHEREAS, the Florida Department of Environmental Protection has identified specific water bodies in Pinellas County as "impaired" as a result of excess nutrients under the Florida Impaired Waters Rule (Chapter , Florida Administrative Code); and WHEREAS, state and federal limits on the amount of nutrients permitted in designated impaired waters, including significant portions of the Tampa Bay and Gulf of Mexico ecosystems, may require local governments to make significant investments in water quality improvement projects; and WHEREAS, surface water and baseflow runoff containing excess nutrients from residential neighborhoods, commercial centers, and other lands of Pinellas County enter into natural and artificial stormwater and drainage conveyances and natural water bodies in Pinellas County; and WHEREAS, nutrients are commonly found in various forms as a fertilizer for turf and landscape application and if applied improperly, may contribute to pollution in natural water bodies; and WHEREAS, it is recognized that properties irrigating with reclaimed water require less fertilization; and

6 WHEREAS, nutrient-laden runoff containing nitrogen and phosphorous fosters undesirable plant and algae growth in natural water bodies resulting in poor water quality; and WHEREAS, the detrimental effects of nutrient-laden runoff are magnified in a coastal community such as Pinellas County, due to the proximity of stormwater and drainage conveyances to coastal and estuarine waters; and WHEREAS, the quality of our streams, lakes, rivers, Tampa Bay and the Gulf of Mexico is critical to environmental, economic, and recreational prosperity and to the health, safety, and welfare of the citizens of Pinellas County; and WHEREAS, this ordinance is part of a comprehensive effort by Pinellas County to reduce non-point sources of nutrient pollution through such policies as, but not limited to, stormwater management, water conservation, conversion from septic systems to central sewage treatment, public education, and development standards as set forth in the Pinellas County Land Development Regulations; and WHEREAS, the Board of County Commissioners declares that, as part of its comprehensive program to address nonpoint sources of nutrient pollution, which is sciencebased, and economically and technically feasible, it is necessary to impose additional or more stringent standards than those in the Florida Department of Environmental Protection's Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes (January 2009) in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to water bodies; and WHEREAS, in the process of adoption of this ordinance, the Board of County Commissioners has considered all relevant scientific information, including input from the Department of Environmental Protection, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, to the extent provided, on the need for additional or more stringent provisions to address fertilizer as a contributor to water quality degradation; and such information is part of the public record; and WHEREAS, this ordinance is countytvide to ensure consistency but will be enforced at the jurisdictional level, except as referenced in Section 15. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CObfMISSIONERS OF PINELLAS COUNTY, FLORIDA: SECTION 1. The Pinellas County landscape maintenance and fertilizer use and application ordinance is hereby created to read as follows: Section 1. Findings of Fact. As a result of adverse impacts to Pinellas County waters caused by excessive nutrients resulting from improper landscape maintenance practices and the incorrect or unnecessary application of fertilizers containing phosphorus and/or nitrogen, the Pinellas County Board of

7 County Commissioners has determined that the lands and waters of Pinellas County are at particularly high risk for adverse effects to surface and ground water from such fertilizer containing phosphorus andfor nitrogen, particularly when not applied in accordance with best management practices established by the Florida Department of Environmental Protection, the Florida Department of Agriculture and Consumer Services (DACS), and the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS). Section 2. Purpose and Intent. This ordinance regulates the proper use of fertilizers by any applicator and requires proper training of commercial and institutional fertilizer applicators and landscape maintenance companies by establishing a restricted season for fertilizer application, fertilizer-free zones, low maintenance zones, exemptions, training, and licensing requirements. 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 and improper landscape maintenance practices. These secondary and cumulative effects have been observed in and on Pinellas County's natural and artificial stormwater and drainage conveyances, rivers, lakes, canals, estuaries, interior freshwater wetlands, and Tampa Bay. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of Pinellas County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and artificial stormwater and drainage conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, bvill help improve and maintain water and habitat quality. Section 3. Definitions. For this Article, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. Administrator means the Pinellas County Administrator, or an administrative official of Pinellas County government designated by the County Administrator to administer and enforce the provisions of this Article. Application or Apply means the actual physical deposit of fertilizer to turf or landscape plants. Applicator means any person who applies fertiiizer on turf and/or landscape plants in Pinellas County. Article means Chapter, Article - of the Pinellas County Code of Ordinances, as amended, unless otherwise specified. Board means the Board of County Commissioners of Pinellas County, Florida.

8 Best Management Practices or BMP means turf and landscape practices which minimize the negative environmental impacts of installation and maintenance of landscapes. Code Enforcement Oflcer, Oficial, or Inspector means any designated employee or agent of Pinellas County whose duty it is to enforce codes and ordinances enacted by Pinellas County. Commercial Fertilizer Applicator means any person who applies fertilizer on turf andlor landscape plants in Pinellas County in exchange for money; goods, services or other valuable consideration. 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. Instir~rrional Applicator means any person, other than a non-commercial or commercial applicator, that applies fertilizer for the purpose of maintaining turf andlor landscape plants. Institutional applicators shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium andfor common ownership. Iruperviotw Stcr;fnce means a surface that has been compacted or covered with a layer of material so that it is highly resistant or prevents infiltration by stormwater. It includes roofed areas and surfaces such as compacted sand, limerock, or clay, as well as conventionally surfaced streets, sidewalks, parking lots, and other similar surfaces. Landscape Plant means any native or exotic tree, shrub, or groundcover (excluding turf). Landscape Maintenance means activities carried out to manage and maintain landscape plants including but not limited to mowing, edging, and trimming. Low Maintenance Zone means an area a minimum of six (6) feet wide adjacent to water courses which is planted with non-turf grass vegetation and managed in order to minimize the need for fertilization, watering, mowing, etc. Pasture means land used for livestock grazing that is managed to provide feed value. Person means any human being, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity, Pinellas Cotinty Approved Best Management Practices (BlMP) Training Program means a training program approved by Pinellas County that includes, at a minimum, the most current

9 version of the "Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, December 2008," as revised, and the more stringent requirements set forth in this Article. Restricted Season means June 1st through September 30th. Site Supervisor means the direct supervisor of landscape maintenance personnel. Slorv or Controlled Release fertilizer means a fertilizer containing a plant nutrient in a form which delays its availabiiity for plant uptake and use after application, or which extends its availability to the plant significantly longer than a referenced "rapidly available nutrient fertilizer." Speciulized Tzcrfmeans areas of grass used for athletic fields, golf course practice and pla?. areas, and other similar activities. Specialized Turf ;Manager means a person responsible for fertilizing or directing ths fertilization of specialized turf. S~irfuce Water means fresh, brackish, saline or tidal waters, including but not limited to bays, rivers, lakes, streams, wetlands, springs, impoundments, as well as canals and other artificial water bodies., Tur'J: Sod, or Lawn means a piece of grass-covered soil held together by the roots of ths grass. Vegetable Garden means an area dedicated to the cultivation of edible plants. Section 4. Applicability. This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer, areas of application of fertilizer, and landscape maintenance activities within Pinellas County, unless such applicator or activity is specifically exempted by the terms of this Ordinancs from the regulatory provisions of this Ordinance. Section 5. Weather and Seasonal Restrictions a) No applicator shall apply fertilizers containing nitrogen andor phosphorous to turf andor landscape plants during the restricted season fiom June 1 - September 30. b) No applicator shall apply fertilizers containing nitrogen andor phosphorus to turf andlor landscape plants during a period for which the National Weather Service has issued any of the following advisories for any portion of Pinellas County: a severe thunderstorm warning or watch, flood warning

10 or watch, tropical storm warning or watch, hurricane warning or watch, or if rain greater than or equal to 2 inches in a 24 hour period is likely. Section 6. Fertilizer Content and A~plication Rate. a) Fertilizers applied to turf and/or landscape plants within Pinellas County shall be formulated and applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers. b) Fertilizers shall be applied to turf and/or landscape plants at the lowest recommended rate per the Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, December 2008," as revised, with no more than four ((4 pounds of nitrogen per 1000 ft2 applied in any calendar year. c) No fertilizer containing phosphorus shall be applied to turf and/or landscape plants in Pinellas County, except where phosphorus deficiency has been demonstrated in the soil underlying the turf by a soil analysis test performed by a State of Florida-certified laboratory. Any person who obtains such a soil analysis test showing a phosphorus deficiency and who wishes to apply phosphorus to turf shall mail a copy of the test results to Pinellas County Watershed Management Division, Attention: Division Director, 300 South Garden Avenue, Clearwater, FL prior to the application of phosphorous. In addition, phosphorus may be applied to newly installed turf, regardless of whether a soil deficiency test has been performed, for a period of sixty (60) days following installation. d) Nitrogen fertilizer shall not be applied on newly established turf or new landscape plants for the first 30 days. e) Fertilizers containing nitrogen applied to turf andlor landscape plants tvithin Pinellas County shall contain no less than 50% slow release nitrogen per guaranteed analysis label. Section 7. Im~ervious Surfaces and Mode of Application. a) Fertilizer shall not be applied or otherwise deposited on any impervious surfaces. Any fertilizer applied or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. 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. Fertilizer shall not be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, drainage conveyances, roadways, or surface waters.

11 b) Spreader deflector shields are required when applying fertilizer by use of any broadcast or rotary spreaders. Deflector shields must be positioned such that fertilizer granules are deflected away from all impervious surfaces and surface waters. Section 8. Fertilizer-Free Zones. Fertilizer shall not be applied within ten (10) feet from the top of bank of any surface water, landward edge of the top of a seawall, designated wetland or wetland as defined by the Florida Department of Environmental Protection (Chapter , Florida Administrative Code, as it may be amended or superseded). If more stringent Pinellas County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Section 9. Management of Grass Clippings and Vegetative Material. In no case shall grass clippings, vegetative material, and/or vegetative debris either intentionally or accidentally, be washed, swept, or blocvn off into stormwater drains, ditches, drainage conveyances, surface waters, or roadways. Section 10. Exemptions. a) The provisions set forth above in Sections 5a and 6 of this Ordinance shall not apply to: 1) Golf courses. For all golf courses, the provisions of the Florida Department of Environmental Protection (FDEP) document, "BMPs for the Enhancement of Environmental Quality on Florida Golf Courses, January 2007," as updated, are required and shall be followed when applying fertilizer to golf courses. 2) Specialized turf managers are required to follow the Best Management Practices embodied in the "Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, December 2008," as updated. 3) Bona fide farm operations as defined in the Florida Right to Farm Act, Section , Florida Statutes. 4) Vegetable gardens, owned by individual property owners or a community, provided that fertilizer application rates do not exceed UFfiFAS recommendations per SP 103 Florida Vegetable Gardening Guide, December 2008, as revised.

12 5) Yard waste compost, mulches, or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil. 6) Tree trunk injection fertilization treatments that are performed by a certified arborist. 6) Nitrogen fertilizer may be applied to turf or landscape plants during the restricted period if UF/IFAS has confirmed a deficiency through visual examination and diagnoses or if a deficiency is confirmed through a tissue test conducted by a State of Florida certified laboratory. The approved onetime application rate under this condition is 1 Ib / 1,000 fi2 of nitrogen and a not to exceed 4 lbs / 1000 fi2 per calendar year. Any person who obtains such a diagnoses showing a nitrogen deficiency and who wishes to apply nitrogen to turf andor landscape plants shall mail a copy of the test results to Pinellas County Watershed Management Division, Attention: Division Director, 300 South Garden Avenue, Clearwater, FL prior to the nitrogen application. C) Fertilizer sellers may sell products containing nitrogen and/or phosphorus to specialized turf managers during the restricted period for use on golf courses and athletic fields. Section 11. Certification and Training. a) Commercial and Institutional Applicators: All commercial and institutional applicators within Pinellas County shall abide by and successfully complete a Pinellas County approved Best Management Practices Training Program within three hundred and sixty five (365) days of adoption of this ordinance. The training shall also include the more stringent requirements set forth in Sections 3 through 13 of this Article. A list of approved training programs shall be maintained by the County on the County Extension website. Upon successful completion, a Certificate of Completion will be provided. Applicators are required to keep a copy of the Certificate of Completion with them during application activities and shall present the Certificate to any authorized official of the Board, upon request.. b) Landscape Maintenance: All site supervisors and managers of professional landscape maintenance companies, as kvell as government and institutional landscape supervisors shall abide by and successfully complete a Pinellas County approved Best Management Practices Training Program within five hundred and forty five (545) days of adoption of this ordinance. The training shall also include the more stringent requirements set forth in Sections 3 through 13 of this Article. A list of approved training programs shall be maintained by County on the County Extension website. Upon success~l completion, a Certificate of Completion will be provided.

13 Landscape maintenance staff are required to keep a copy of the Certificate of Completion with them during landscape maintenance activities and shall present the Certificate to any authorized official of the Board, upon request. c) Landscape Maintenance: Employees of lawn and landscape maintenance companies who are not site supervisors or managers shall also be trained in the above-referenced BMPs through a County approved training program, the company, or a contractor of the company. The training shall also include the more stringent requirements set forth in Sections 3 through 13 of this Article. Training may be provided by a certified site supervisor or manager employed by the company. Training shall be required of all personnel of such companies within five hundred and forty five (545) days of adoption of this ordinance. Landscape maintenance companies shall maintain written records of compliance with this provision and shall present training records to any authorized official of the Board, upon request. d) Each commercial or institutional applicator and/or landscape maintenance professional shall ensure that each applicator and/or Iandscape maintenance staff member employed abides by and successfully completes a Pinellas County approved Best Management Practices Training Program within ninety (90) days of initial employment and shall ensure that prior to the successful completion of said program each employee shall work under the direct physical supervision of a certified applicator and/or landscape maintenance employee. e) A vehicle decal issued by PineIlas County indicating that the company is in compliance with the training and certification requirements herein shall be affixed and maintained on the exterior of all vehicles and/or trailers used by the company in connection with landscape maintenance activities andlor the application of fertilizer within the area regulated by this Article. The vehicle and trailer decals shall be provided by Pinellas County upon submittal of demonstration of compiiance of the company with the requirements herein, Section 12. Retail Sale of Fertilizer Containing Nitrogen or Phosphorous. a) Effective May 1, 201 1, no person, firm, corporation, franchise, or commercial establishment shall sell, at retail, any lawn or Iandscape fertilizer, liquid or granular, within Pinellas County that contains any amount of nitrogen or phosphorous during the restricted season from June 1 - September 30. b) Fertilizers containing nitrogen sold at retail within Pinellas County shall contain no Iess than 50% slow release nitrogen per guaranteed analysis label.

14 c) Displays of lawn and landscape fertilizers containing nitrogen or phosphorous shall not be allowed on the sales area of the retail store during the restricted season. d) Retailers shall post a notice stating that the use of law and landscape fertilizers in Pinellas County is restricted in accordance with this ordinance. Section 13, Enforcement and penalty. Violations of this ordinance may be punished as provided for in Section 1-8 or Article VIII, Chapter 2 of the Pinellas County Code. Violations of this ordinance may also be pursued under the Pinellas County Environmental Enforcement Act, as applicable. Section 14. Recommendations and Additional Information a) A voluntary six (6) foot low-maintenance, "no-mow" zone is strongly recommended from those areas described as fertilizer-free zones in Section 8 in order to reduce the potential for fertilizer residue entering adjacent water bodies and wetlands. If more stringent Pinellas County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. No vegetative material shall be deposited or left remaining in this zone or in the water. Care should be taken to prevent the overspray of aquatic weed products in this zone. b) It is recommended that the application of fertilizer for properties using reclaimed water service be reduced in accordance with the nutrient level contained in the reclaimed water. This information is available through the Pinellas County Utilities Department and through the Pinellas County web site. c) The County strongly recommends the establishment of training programs using Spanish-speaking certified BMP trainers. d) The County recommends that private homeowners become familiar with and utilize the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizer. Section 15. Areas Embraced A11 territories within the legal boundaries of Pinellas County, Florida including all incorporated and unincorporated areas, shall be embraced by the provisions of this Ordinance, unless in conflict with or specifically deleted by a municipal ordinance.

15 SECTION 2. Severability Clause. If any section, sentence, clause, phrase, or word of this Ordinance is, for any reason, held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Ordinance, and it shall be construed to be the legislative intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein. SECTION 3. Effective Date. Pursuant to Section , Florida Statutes, a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners. This Ordinance shall become effective when the acknowledgment is received from the Secretary of State that the Ordinance has been duly filed. SECTION 4. Inclusion Clause. The provisions of this Ordinance shall be included and incorporated.in the Pinellas County Code, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Pinellas County Code.

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17 Ed Rosenthal, President, CEO Florikan From: Ed Rosenthal [mailto:ed.rosenthal@florikan.com] Sent: Saturday, October 31, :05 AM To: Levy, Kelli H Subject: RE: Pinellas county petition The black out period in the summer rainy season prohibits the application of ONLY nitrogen or Phosphate, two nutrients that are implicated in science to water quality degradation and the blooming of algae in water bodies. Phosphate is pretty much available in Florida normally and nitrogen can be applied by grass clippings and other nitrifications during the summer. However, as far as economic conditions there are other important nutrients which plants require such as potassium, magnesium, iron, manganese, and others which could be required. There is NO restriction on the applications of these nutrients. Professional landscapers can take a soil test which is part of Best Management Practices to determine the need on turf grass or palms etc of these other nutrients which can be applied. The landscapers can therefore still charge for services so economic impact should be minimal. Finally, there are professional controlled release products used in professional horticulture which are available at most retail stores or garden centers which have polymer coatings of nitrogen phosphate and other nutrients which can be applied in March and which provide slow release of the nutrients safely over six months. The names of these products are known to all professionals in the horticultural industry and widely used There is no issue with the fertilizer products per see if used correctly but the PRACTICE of consumers applying these products incorrectly or in excess which, must be corrected. The controlled release of the nutrients thru six months and the black out period on nitrogen and phosphate address the problem in practices while allowing applications of other important nutrients '.

18 From: Michael Sent: Wednesday, November 04, :23 PM To: Levy, Kelli H; Cc: 'Gardenmasters' Subject: RE: Sarasota County Fertilizer Ordinance Kelli, There has not been any economic regresses from this ordinance. The only problem in Sarasota County has been the lack of enforcementlfining, which gives an advantage to unscrupulous companies who gain by illegal fertilizer practices(app1ying NPK during blackout periods).we have lost probably accounts due to the greener grass effect from this. Another shortcoming is the lack of a needed variance for foreclosedlstressed homes that have been neglected. A lack of NPK cannot be substituted for allowed micronutrients during blackout periods. Surprisingly, fertilizer companies have supplied compliant fertilizers to operators, like ourselves to make it easy to remain legal I hope this information is useful, Sincerely Michael Juchnowicz CPCO/President Gardenmasters SWFL inc

19 Hello Kelli, In reference to your question, no, we have not felt any negative economic impact on our business. However, we have always been an environmental landscape management company so the transition of the "blackout period" was easy to adapt to. We have always used slow release fertilizer and obtained our fertilization percentages based on soil tests. In our business we have substituted an August fertilization for a May fertilization that has higher slow release rate (in comparison to our usual of 59%), LVe have not really seen any decline in our turf as of yet, but our accounts are accustomed to receiving a slow calculated amount of fertilizer rather than 6 quick release applications as majority of companies apply. I am sure that if you contacted other companies who derive their main profit on fertilization, their response will be that they have seen a major impact. There are some companies that push fertilization 6 times a year or every other month. In part they are not wrong in their response of seeing decline. The "blackout period" would eliminate approximately 3 fertilizations which would hurt economically. Also, if a specific area of turf is accustomed to receiving 6 fertilizations per year and they are immediately stopped they will show decline in health. That is not to say they will decline to the point of death, but they will probably show more signs of stress. We feel that the key is to develop a strong turf that adapts to its own ecosystem and uses fertilization as an optional supplement to improve and strengthen growth, not a necessary supplement in order to grow. Sorry if I got off track but that is basically my opinion. I hope it helped. If you need any additional information please feel free to contact me. Sincerely,

20 The prohibition of applying fertilizer during the Florida summer growing season and requirment for specific fertilizers the other 8 months is a burden to business following the Sarasota county ordinance There is no scientific evidence that these obligations help preserve water quality. The costs to TruGreen for using the Sarasota ordinance include the following: There is a direct cost to the bottom line of using more expensive liquid and granular slow release fertilizers. Fertilizer is the most costly part of our agronomic program, and costs have jumped to two and three times the cost compared to our standard program. While the Green Industries Best Management Practices recognize the sound agronomic value of both slow and soluble fertilizers, this slow release requirment does not. TruGreen's Integrated Pest Management Program has been compromised, by not being able to use proper nutrition as a pest management tool. A key part of preventing pests is having a strong, vigorously growing plant that can ward off pests. When chinch bugs attack St. Augustinegrass or scale attacks pittosporum during the summer, TruGreen cannot promote the healthy growth needed to minimize pesticide applications. It is common knowledge that a healthy stand of turf is the first line of defense against weeds, yet TruGreen is not allowed to put these basic principals in action in Sarasota County New properties are especially in need of a sound nutritional program. Whether these lawns and landscapes have declined through inattention due to foreclosures, or simple neglect over time, TruGreen is prevented from maintaining them in a sensible manner to make them whole again. Erica Santella, Region Technical Manager TruGreen 2820 US. Highway 441 Fruitland Park, FL (fax) (cell) Erica-Santella@landcare.com

21 From Dr. Barry Troutman Valleycrest Erica: ValleyCrest has switched all nitrogen fertilizers to include 50% soluble N regardless of the amount of nitrogen applied per application. This has resulted in our inability to grow in damaged areas as quickly as we could were we allowed to follow the BMP standard of up to.71b of soluble N per application. The summer prohibition has prevented us for fertilizing damaged turf to get it to fill in more quickly. It has also prevented us from fertilizing lawns that have been neglected by previous owners of contractors when we start a new customer in summer. The inability to address turf deficiencies in the summer cost us more in weed control in summer and fall but it is difficult to assess the exact costs. I wish we could say that had recovered some of the cost by reducing phosphate costs but we have not used phosphate fertilizer applications in our schedule fertility on lawns for the last 4 or 5 years. Our cost of fertilizers is 20% (or $1/1000 sq ft for lawn applications) higher under the Sarasota plan that it would be otherwise. This increased mandate could not have come at a worse time for the industry since as you the cost of nitrogen fertilizer doubled last year and has give back very little of the increase since then. Barry C. Troutman, Ph.D. Vice President of Technical Services Valleycrest Landscape Companies Celebrating 60 Years btroutman~,valleycrest.com Mobile: Fax: S Palmetto Avenue