State and Local Fertilizer Ordinances Regulation and Compliance

Don RaineyBill Schall

UF/IFAS ExtensionUrban Landscape Mgt. Short-Course & IST

Palm Beach ExtensionApril 22, 2014

Overview

• By the Numbers• State Fertilizer Ordinances• Associated Definitions and Compliance• FAQs• Local Adoption and Compliance

By the Numbers - 73

Tampa Bay Tribune 2010, PAUL LAMISON/STAFF

https://gibmp.ifas.ufl.edu

Model Ordinance for FFL Use on Urban Landscapes2009 Florida Statute 403.9337

• Set minimum requirements• Implementation of local

control of water use and nonpoint source pollution issues.

• Local government may adopt more stringent standards.

• Revised in 2010• Under Review for 2014

MODEL ORDINANCE FOR FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES(AUGUST 2010)

[alternate title: MODEL ORDINANCE FOR FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES]

The Draft of the 2014 revisions are posted on the DEP website.

http://www.dep.state.fl.us/water/nonpoint/docs/nonpoint/2014Draft-FFL-ModelOrdinance.pdf

Please try to send your comments to Mike Thomas by June 30th, 2014.

State Model Ordinance: 1. FINDINGS

As a result of impairment to (MUNICIPALITY / COUNTY)’S surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs within the boundaries of (municipality/county)…

Urban Landscape

“Means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants.”

Institutional Applicator

Means any person, other than a private, non-commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants.

Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

2. PURPOSE AND INTENT

“This Ordinance regulates the proper use of fertilizers by any applicator; requires propertraining of Commercial and Institutional Fertilizer Applicators; establishes training andlicensing requirements…”

10. Education[Guidance: A local government may establish a certification/education program for the institutional or private application of fertilizers indicating the completion of an education program for special local requirements not covered in the above programs. It is up to the local government to set a continuing education or renewal provision for these applicators. Persons with statewide FDACS commercial fertilizer certification cannot be required to submit to additional local testing after obtaining the FDACS certificate.] [Guidance: Due to literacy and language difficulties, some employees may not be able to pass the test to obtain the certificate of completion. However, this does not relieve the business owner from the obligation to train these non-applicator employees in the BMPs, at least in all modules that apply to their duties.]

12. Enforcement and MonitoringSection A. Licensing (Paragraph 6)

Within 1 year of the effective date of this ordinance, all businesses performing design, installation, or maintenance services involving turf and/or Landscape Plants (including but not limited to residential lawns, golf courses, commercial properties, and multi-family and condominium properties) must ensure that all supervisory employees have an appropriate certification, prior to the business owner obtaining a local business Tax Certificate. Non-supervisory employees that do not apply fertilizer must be trained but do not require certification. owners or any category of occupation which may perform design, installation, or maintenance services involving Turf and/or Landscape plants hall provide proof of certification and training to the (Municipality/ County) Tax Collector’s Office. This provision does not apply to the licensed professional practice of Landscape Architecture, Architecture, or Engineering.

12. Enforcement and MonitoringSection A. Licensing (Paragraph 6)

[Guidance: Some landscape workers may be illiterate or otherwise unable to achieve certification. Evidence of attending the training, coupled with certified supervision, is considered adequate for nonsupervisory personnel that do not handle fertilizers.]

Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries

GI-BMP

Q. Is everyone in the landscape industry required to have a GI-BMP certificate of Completion?

A. This depends on local ordinances – state law will require it for anyone who applies fertilizer commercially.

DEP recommends that all landscape workers be trained, but recognizes that not all workers have the literacy skills to pass the written examination.

The Florida-Friendly Landscaping model ordinance guidance suggests that only supervisors and those whose duties include application of fertilizer or other chemicals be required to have a certificate of completion in order to work.

Q. Are fertilizer applicators at golf courses or who care for parks, schools, or athletic fields required to have the GI-BMP training and the FDACS certification?

A. The model ordinance, and most local ordinances of this type, requires all who apply fertilizer professionally to successfully complete the BMP training. However, only those who apply fertilizers commercially, that is, for hire, to property not owned by themselves, their firm, or their employer, need to have the FDACS certificate.For instance, an employee of a stadium, school board, golf course or apartment complex would be exempt, but an employee of a landscape contractor hired to fertilize the property would be required to hold a valid FDACS certificate.

Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses

Q. Does every commercial fertilizer applicator have to have a Certificate of Completion in the BMPs, or just a supervisor?

A. By law, every Commercial Fertilizer Applicator must have the FDACS LCFAC Certificate by 2014. The GIBMP Certificate of Completion may also be required by local governments for institutional applicators and others that are not required to have the FDACS LCFAC Certificate.

Local Ordinances

Read local ordinance carefullyOther exemptions:

Damaged or Renovated Landscape Yard wasteReclaimed waterSoil/Tissue TestingTraining/Certification Eq.

Thank You for your Attention…Questions

Don RaineyBill Schall