The attached ordinance is revised based on action taken at First Reading to adopt Orange County fines. Changes are reflected in red.
All Cities and Counties participate in the National Pollution Discharge Elimination System (NPDES) imposed by Federal Law and administered in Florida by the Florida Department of Environmental Protection (FDEP). The overall goal is to reduce pollution of our waterways from point sources (sewer plants or factories) and from non-point sources (streets, storm drainage systems, other properties). A requirement of the NPDES program, is that FDEP requires counties and municipalities to have fertilizer regulation as an ordinance.
The concern is to control the flow of dissolved fertilizer after rain storms going directly into streams and lakes and to reduce the fertilizer runoff from properties that enter the streams and lakes via the storm sewer system. The goal is to reduce the amount of phosphorus and nitrogen intended to fertilize a lawn from fertilizing the weeds and algae in a lake. Thus the ordinance prohibits phosphorus, sets limits on the amount of nitrogen, prohibits fertilizing within 15 feet of a lake and prohibits application of fertilizer right before a forecast storm event such as a hurricane.
Currently, the City of Winter Park does not have such regulation and the City must adopt such regulation as a requirement of our NPDES permit. In essence these regulations already exist because in the County’s ordinance, it states that “this ordinance is applicable throughout all of Orange County, except in municipalities that have minimum standards that are no less strict than their ordinance”. Since FDEP requires that the City adopt an individual ordinance, the City Attorney recommends that we adopt Orange’s County’s, by reference as the easiest method of compliance.
Thus, it has been decided that for consistency, the best option for the City is to adopt the Orange County ordinance, by reference.
The City Attorney has prepared the proposed ordinance. Exhibit A is the County’s ordinance.
Minutes from July 21, 2020 Planning & Zoning Board Meeting:
Mr. Briggs explained that all Cities and Counties participate in the National Pollution Discharge Elimination System imposed by Federal Law and administered in Florida by the Florida Department of Environmental Protection (FDEP). The overall goal is to reduce pollution of our waterways from point sources (sewer plants or factories) and from non-point sources (streets, storm drainage systems, other properties). A requirement of the NPDES program, is that FDEP requires counties and municipalities to have fertilizer regulation as an ordinance.
The concern is to control the flow of dissolved fertilizer after rain storms going directly into streams and lakes and to reduce the fertilizer runoff from properties that enter the streams and lakes via the storm sewer system. The goal is to reduce the amount of phosphorus and nitrogen intended to fertilize a lawn from fertilizing the weeds and algae in a lake. Thus, the ordinance prohibits phosphorus, sets limits on the amount of nitrogen, prohibits fertilizing within 15 feet of a lake and prohibits application of fertilizer right before a forecast storm event such as a hurricane.
Currently, the City of Winter Park does not have such regulation and the City must adopt such regulation as a requirement of our NPDES permit. In essence these regulations already exist because in the County’s ordinance, it states that “this ordinance is applicable throughout all of Orange County, except in municipalities that have minimum standards that are no less strict than their ordinance”. Since FDEP requires that the City adopt an individual ordinance, the City Attorney recommends that we adopt Orange’s County’s, by reference as the easiest method of compliance.
Staff recommendation was for approval.
No one from the public wished to speak. The public hearing was closed.
The Board discussed the matter and agreed with the Staff recommendation that adopting Orange County’s ordinance was the best solution for compliance with the State requirements.
Motion made by Mr. Beitsch, seconded by Mr. Bornstein, for an Ordinance to adopt the Orange County Fertilizer Regulations, by reference.
Motion carried with a 7-0 vote.