17-1472 Fertilizer Management - Laserfiche WebLink

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ORDINANCE 17-1472 AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING CHAPTER 86, "UTILITIES" OF THE CITY CODE OF ORDINANCES BY ESTABLISHING ARTICLE VII, "FERTILIZER MANAGEMENT"; REGULATING THE PROPER USE OF FERTILIZERS BY ANY APPLICATOR; PROVIDING LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR APPLICABILITY WITHIN THE CITY OF CASSELBERRY; ESTABLISHING A PROHIBITED APPLICATION PERIOD; SPECIFYING ALLOWABLE FERTILIZER APPLICATION RATES AND METHODS, FERTILIZER -FREE ZONES, LOW MAINTENANCE ZONES, AND EXEMPTIONS; REQUIRING THE USE OF BEST MANAGEMENT PRACTICES WHICH PROVIDE SPECIFIC MANAGEMENT GUIDELINES TO MINIMIZE NEGATIVE SECONDARY AND CUMULATIVE ENVIRONMENTAL EFFECTS ASSOCIATED WITH THE MISUSE OF FERTILIZERS WHICH HAVE BEEN OBSERVED IN AND ON THE CITY OF CASSELBERRY'S NATURAL AND CONSTRUCTED STORMWATER CONVEYANCES, RIVERS, CREEKS, CANALS, LAKES AND OTHER WATERBODIES; REQUIRING PROPER TRAINING OF COMMERCIAL AND INSTITUTIONAL FERTILIZER APPLICATORS; ESTABLISHING TRAINING AND LICENSING REQUIREMENTS; PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2-210 "SCHEDULE OF VIOLATIONS" OF ARTICLE V "CODE ENFORCEMENT CITATIONS" OF CHAPTER 2, "ADMINISTRATION", TO PROVIDE FOR PENALTIES; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, pursuant to 33 U.S.C. § 1313(d) (2016) of the Federal Clean Water Act and the resulting Florida Impaired Waters Rule, Chapter 62-303, Florida Administrative Code (2016), the Florida Department of Environmental Protection has classified specific waterbodies in Seminole County as "impaired" as a result of the presence of excess nutrients; and WHEREAS, the Seminole County National Pollutant Discharge (NPDES) Municipal Separate Storm Sewer System (MS4) Permit No. FLS000038, issued by the Florida Department of Environmental Protection under authority delegated to it by the United States Environmental Fertilizer Management Ordinance Page 1 of 13