The Florida Department of Environmental Protection (FDEP) requires that all National Pollution Discharge Elimination System (NPDES) permittees operating municipal stormwater systems adopt a local ordinance that regulates how and when fertilizer can be applied to all properties (i.e. residential, commercial, institutional, and recreational), utilizing best management practices, and requiring commercial/institutional fertilizer applicators to complete a mandatory training program. The purpose of these regulations is to improve and protect the quality of our water bodies through the reduction of algae bloom and accelerated growth of aquatic weeds caused by the introduction of phosphorous and nitrogen, resulting from improper fertilizer application.

The attached ordinance is based upon a model that was provided by FDEP and that has already been adopted by several municipalities in Palm Beach County. FDEP has reviewed the attached draft prepared by staff and approved it as to form and sufficiency. Adoption of the ordinance will satisfy the NPDES permit condition initiated by FDEP.

The suggested amendments can be best described below:

1. Prohibition of fertilizing when a) the ground is saturated, b) a Flood Watch or Warning, a

Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect, or c) heavy

rain (2 inches or more within a 24 hour period) is likely;

2. Creation of “Fertilizer Free Zones”, which limits the application of fertilizer within ten (10)

feet of any water body, or three (3) feet if a deflector shield or drop spreader is utilized; and

3. Requires proof of licensing of Commercial Applicators by the Florida Department of Agriculture and

Consumer Services prior to receiving Business Tax approval to operate within the City.

The Planning and Development Board recommended approval of the subject request on May 28, 2019.

*The location of these regulations in the Land Development Regulations has been edited by the City Attorney for continuity.