8C2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: DEPARTMENTAL PRESET: To be heard in the Workshop Meeting Room TITLE: COMMISSION WORKSHOP TO DISCUSS FERTILIZER AND WATER QUALITY ORDINANCE ENFORCEMENT ISSUES AGENDA ITEM DATES: MEETING DATE: 7/7/2015 COMPLETED DATE: 6/25/2015 COUNTY ATTORNEY: 6/15/2015 ASSISTANT COUNTY ADMINISTRATOR: 6/22/2015 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Don Donaldson, County Engineer and Engineering Department Director Name: Procedures: None EXECUTIVE SUMMARY: Engineering Deborah Drum, Manager Ecosystem Restoration and Management Division Dianne Hughes, Senior Ecosystem Specialist The Martin County Board of County Commissioners (BOCC) directed staff, at the October 7, 2014 meeting, to provide further details on the three options that were presented for fertilizer ordinance enforcement. Those options included 1) increased level of environmental education; 2) a vehicle decal program; and 3) a full-time employee code enforcement officer. Staff has met with a variety of stakeholders to receive input on these options. This Commission Workshop item is to share our assessment of fertilizer ordinance enforcement options, and other water quality enforcement issues, so the BOCC can direct staff on a preferred option. APPROVAL: 806a96bd 1 of 21
GMD PRD BLD LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: On October 7, 2014 the Board approved revisions to the 2011 Martin County fertilizer ordinance, including: 1) a requirement for 50% slow release nitrogen; 2) a requirement for 0% phosphorus fertilizer; and 3) a requirement for an increased setback to 25 feet for fertilizer application adjacent to water bodies. Additionally, a provision has been included to require retailers to post a notice provided by the County stating that the use of lawn and landscape fertilizers in unincorporated Martin County is restricted in accordance with the ordinance. Current efforts since adoption of the original ordinance in 2011 have been to rely on residents, commercial and institutional applicators to voluntarily comply with the ordinance requirements. A rack card for distribution to the public has been developed. In an effort to improve outreach and education the Be Floridian program is being launched this summer. The program is a summer-time fertilizer application ban media blitz campaign. At the October Board meeting staff presented three options for enforcement of the ordinance including 1) increased level of environmental education 2) a vehicle decal program; and 3) full-time employee code enforcement officer. The Board requested that these three options be vetted to receive comments from industry stakeholders. Industry stakeholders that were engaged included: Florida Golf Course Superintendents Association Florida Nursery, Growers and Landscape Association Lowes Scotts Miracle Gro TruGreen UF/IFAS Extension Directors (Martin and St. Lucie) Walmart Staff received important insights and feedback from industry professionals on the three options for enforcement. OPTION 1: Continue efforts to find funding for Be Floridian program Hire additional staff to provide environmental education Implement Living for the Lagoon or My Martin Yard programs directed at Home Owners and Property Owners Associations 806a96bd 2 of 21
The main feedback received on Option 1 was that education is the key to informing citizens of the appropriate fertilizer application methods. Industry professionals in all areas made it very clear that they make a significant corporate investment and provide their staff with extensive training on fertilizer best management practices and requirements of local ordinances. The primary focus for education should be directed at the home owner, home owner associations, property managers and unlicensed applicators. Education of children was also recommended as it was felt that children are very effective in educating their parents on environmental issues. OPTION 2: Initiate a vehicle decal program for commercial fertilizer applicators In general the comments on Option 2 indicate that this program is not viewed as an effective or viable program for informing citizens of those applicators which are certified and trained in Green Industries Best Management Practices, nor would it provide education of appropriate fertilizer application practices. Citizens would also have to be educated on the meaning of the decal. All certified and trained individuals are required to carry their certification cards. They suggested providing a link to the University of Florida s and the Florida Department of Agriculture and Consumer Services databases of certified individuals. This would require County staff working with those agencies to make those databases easily accessible and available to the public. OPTION 3: Hire additional staff dedicated to water quality ordinance education and enforcement Comments on Option 3 generated concerns regarding the appropriate targets for enforcement and an officer s determination of a violation. Industry professionals reiterated the extensive training provided to staff and their concerns that the major fertilizer companies would become the main targets due to the logos on their trucks. The officer would have to be able to review the fertilizer bag and/or tank specifications to determine a violation. An important discovery during this time of program assessment was the fact that since the October Board meeting, and in general over the past year, there has been an increase in illicit discharge reporting to the County. Since March of last year, County staff has responded to 14 separate incidents of illicit discharges to the County s Municipal Separate Storm Sewer System (MS4). These illicit discharges are a violation of our National Pollutant Discharge Elimination System (NPDES) ordinance and our NPDES MS4 permit with the State. We have had to exercise our authority to issue Administrative Orders and perform in-house sampling to address these violations. It has become clear that the County s water quality enforcement issues transcend those related just to fertilizer ordinance compliance. After meeting with industry folks and assessing other counties efforts on fertilizer ordinance enforcement we do not recommend implementing the vehicle decal program (Option2). We do, however, recommend the County consider NPDES ordinance enforcement, concurrently and cooperatively, with fertilizer ordinance enforcement. Options 1 and 3 have been further fleshed out into 5 separate options for the Board s consideration. The two options that do not impact the current budget are 1) to maintain the status quo with the current level of effort focused on educating citizens and 2) to direct Cooperative Extension Services to develop a home owner education workshop. The other cost options are 3) continue to find funding for the Be 806a96bd 3 of 21
Floridian media campaign blitz; 4) hire additional staff to provide environmental education; 5) hire additional staff dedicated to water quality education and enforcement. ISSUES: Since adoption in 2011, Martin County s fertilizer ordinance has relied on residents, commercial, and institutional applicators to voluntarily comply with the ordinance requirements. The County s primary tool for enforcement has been limited to environmental education. Martin County does not currently have the resources to dedicate a full time environmental outreach coordinator or compliance inspector to support enforcement of the ordinance. Additionally, we are suggesting that there is a need to increase code enforcement activities for comprehensive water quality ordinance compliance. LEGAL SUFFICIENCY REVIEW: This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law. RECOMMENDED ACTION: RECOMMENDATION Move that the Board provide staff direction on options for fertilizer ordinance enforcement, and/or other water quality program enforcement. ALTERNATIVE RECOMMENDATIONS No alternative recommendation. FISCAL IMPACT: RECOMMENDATION There are potential fiscal impacts depending on the guidance from the Board regarding which option should be exercised for fertilizer ordinance enforcement, and/or other water quality program enforcement. Funding Source County Funds Non-County Funds Authorization Subtotal Project Total ALTERNATIVE RECOMMENDATIONS n/a 806a96bd 4 of 21
DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM X BLD _ CDD _ COM _ ENG _ FRD X GMD _ GSD _ ITS _ LIB _ MCA _ MPO X PRD _ USD X CA X ACA X LEG 806a96bd 5 of 21
Fertilizer and Water Quality Ordinances Enforcement Issues July 7, 2015 Martin County Board of County Commissioners Meeting Dianne K. Hughes, Senior Ecosystem Specialist Ecosystem Restoration & Management Division Engineering Department 6 of 21
Background At the October 7, 2014 public workshop, the Board approved revisions to the 2011 Fertilizer Ordinance Modified elements of Fertilizer Ordinance include: requirement for 50% slow release nitrogen requirement for 0% phosphorus fertilizer requirement for increased setback to 25 feet for fertilizer application adjacent to water bodies requires retailers to post notice provided by the County that use of lawn and landscape fertilizers is restricted by this ordinance 7 of 21
Background (continued) Staff also presented three options for enforcement of the fertilizer ordinance during the meeting. o Increased level of environmental education o Vehicle decal program o Full-time employee code enforcement officer Board directed staff to return with additional information on the three enforcement options offered, along with input from industry professionals 8 of 21
Current Efforts Recap Limited to educating public and commercial/ institutional applicators on fertilizer applications consistent with ordinance ( voluntary compliance ) Developed a rack card to reflect latest information on our ordinance Launched Be Floridian Now 9 of 21
Enforcement Issues We have received very few complaints regarding Fertilizer Ordinance violations Most complaints related to grass clippings in water bodies Other local governments in the Indian River Lagoon watershed have not issued any violations education is the focus 10 of 21
Industry Stakeholders Engaged FL Golf Course Superintendent's Association FL Nursery, Growers and Landscape Association Lowes Scotts Miracle Gro TruGreen* UF/IFAS Extension Directors (Martin and St. Lucie) Walmart* * These entities initiated contact with Martin County 11 of 21
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Martin County Fertilizer Ordinance Enforcement Options 1. Enhance current effort focused on education Continue efforts to find funding support for local Be Floridian media campaign program Implement Living for the Lagoon or My Martin Yard programs directed at Home Owners and Property Owners Associations Hire additional staff to provide environmental education on above items Estimated cost: Tampa Bay Estuary Program spent between $65,000 - $75,000 annually for their media campaign Develop home owner education workshop program as part of existing Cooperative Extension Services contract (~$238,000 General Funds) To create/hire a new position would cost $60,500 13 of 21
Industry Feedback on Option 1 All groups agreed that education is the key Industry manufacturers and associations offer comprehensive training to their employees Focus on the residential homeowner, homeowner associations, property managers and unlicensed applicators Educate children and they will educate their parents Implement Living for the Lagoon program through UF/IFAS Provide options for what can be applied during the summer ban 14 of 21
Martin County Fertilizer Ordinance Enforcement Options 2. Initiate a vehicle decal program for commercial fertilizer applicators Pending research by Legal if revisions to the Fertilizer Ordinance are required to include program requirements Requires adoption by Cooperative Extension to incorporate decal program elements in Green Industry Best Management Practices training program Estimated cost: $750-$1000 for decals Suggest developing training program as part of Cooperative Extension Services contract (~$238,000 General Funds) Develop and maintain database to track decals ($18,000 for development only) Staff time (ENG, UF-IFAS, IT) 15 of 21
Industry Feedback on Option 2 The decal is associated with the vehicle and not the individual applying the fertilizer Decal inconsequential if homeowner doesn t know what it means Generally not supportive of a decal program Suggested a database on-line of those GIBMP trained and FDACS licensed 16 of 21
Martin County Fertilizer Ordinance Enforcement Options 3. Hire additional staff dedicated to water quality ordinance education and enforcement Pending research by Legal if revisions to the Fertilizer Ordinance are required to include violation / citation specifics Requires approval of General Funds to cover position Position would fulfill critical unmet need to educate and/or enforce on all County water quality ordinances, including National Pollutant Discharge Elimination System (NPDES) and fertilizer ordinance Estimated cost: To create/hire a new position or reassign a position, would cost $93,500 in first year (includes start-up expenses), and $63,500 annually thereafter 17 of 21
Industry Feedback on Option 3 Concerns about who will be targeted for enforcement Industry manufacturers and associations offer comprehensive training to their employees How will staff know if the product applied is in violation? 18 of 21
Increase in Illicit Discharges County staff has responded to 14 separate incidents of illicit discharges to the County s Municipal Separate Storm Sewer System (MS4) Illicit discharges are a violation of our National Pollutant Discharge Elimination System (NPDES) ordinance and our NPDES MS4 permit with the State The County has issued 2 Administrative Orders and performed in-house sampling to address these violations The County s water quality enforcement issues transcend those related just to fertilizer ordinance compliance 19 of 21
Options for Further Discussion Maintain status quo with current level of effort focused on educating citizens (no change in current budget) Development of home owner workshop programs via existing Cooperative Extension Services contract (no change in current budget) Continue to find funding for Be Floridian media campaign blitz ($65,000 - $75,000 multiple stakeholders contributing) Hire additional staff to provide environmental education ($60,500) Hire additional staff to fulfill critical unmet need to educate and enforce our water quality ordinances within the County ($93,5,000/$63,500) 20 of 21
Questions? 21 of 21