CLEARWATER - The Board of Pinellas County Commissioners unanimously approved on Dec. 1 a request to advertise a public hearing on a countywide ordinance regulating landscape maintenance practices and the use of fertilizers containing nitrogen or phosphorus.
The hearing is scheduled on Tuesday, Jan. 19, 6:30 p.m., in the fifth floor assembly room of the Clearwater Courthouse, 315 Court St.
The ordinance is the result of more than a year of work by the Tampa Bay Estuary Program to come up with regional guidelines for the use of fertilizers containing nitrogen and phosphorous in urban landscapes.
In November 2008, the TBEP Policy Board approved a regional model ordinance to protect and improve water quality in the Tampa Bay watershed.
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 minimum criteria in areas with impaired waters. Pinellas County has impaired waters.
The bill also allows more stringent conditions be imposed by local governments if certain conditions are met.
Pinellas County proposes to impose more stringent conditions by enacting a ban on the use and retail sale of nitrogen and phosphorous nitrogen from June 1 through Sept. 30 – the rainy season.
Experts with the TPEP as well as the Sierra Club say that the fertilizer ban is critical to reducing the amount of pollutants being washed into local waterways due to people applying fertilizer before a rain.
At least one complaint was heard from industry representatives that there was too little time to review for industry impact from the release of the draft ordinance the day before Thanksgiving and the Dec. 1 meeting.
During a commissioners’ workshop on Oct. 27, a number of people spoke for and against the ban. During that meeting, Commissioner Ken Welch asked staff to gather information about the economic impact from a fertilizer ordinance passed last year by Sarasota County.
While some of the businesses contacted reported no problems, except from inadequate enforcement and unscrupulous businesses that violated the law, others told stories similar to those presented before the board at the previous public meetings.
The complaints include the inability to treat neglected or unhealthy lawns, new lawns or turf grass with pest problems.
In addition, industry representatives argue that benefits of the ban are not proven by science.
One thing everyone does agree on is that applied properly nitrogen and phosphorous fertilizers are not a problem and education on proper application methods is crucial.
The ordinance also includes fertilizer application best practices, including no applications when a severe thunderstorm warning or watch, flood warning or watch, tropical storm warning or watch, hurricane warning or watch or rain greater or equal to 2 inches is forecast.
The ordinance also covers types of fertilizers and application rates and other restrictions.
One section of the ordinance is devoted to management of grass clippings and vegetative matter and prohibits professionals and residents from washing, sweeping or blowing materials in to stormwater drains, ditches, drainage conveyances, surface water or roadways.
Golf courses, farm operations and vegetable gardens are exempt from sections that restrict time of fertilizer application, including the June 1 to Sept. 30 ban.
If passed, the ordinance would take effect immediately; however, the retail sales ban and enforcement action would not begin until May 1, 2011.
Staff said a year would be needed to meet the training demands. The 2011 date also coincides with the effective date of an ordinance recently passed by the city of St. Petersburg.
