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ORDINANCE NO. 2018- 016 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA AUTHORIZING A TEMPORARY <br />MORATORIUM FOR 180 DAYS, OR UNTIL A COMPREHENSIVE <br />REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS <br />COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN <br />RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF <br />CLASS B BIOSOLIDS; PROVIDING FOR STUDY AND POSSIBLE <br />REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; <br />PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; <br />AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF <br />CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. <br />WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and <br />chapter 125, Florida Statutes, counties have broad home rule powers to enact <br />ordinances, not inconsistent with general or special law, for the purpose of protecting the <br />public health, safety and welfare of the residents of the county; and <br />WHEREAS, the Indian River County Board of County Commissioners ("Board") <br />specifically determines that the enactment of this ordinance is necessary to protect the <br />health, safety and welfare of the residents of Indian River County; and <br />WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting <br />from the treatment of domestic sewage sludge from sewage treatment facilities that <br />contain algae supporting nutrients such as phosphorus and nitrogen; and <br />WHEREAS, phosphorus and nitrogen pollution have been a long term problem <br />for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal <br />blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem <br />with one which is undesirable to humans and native wildlife; and <br />WHEREAS, the Board finds that the proper regulation of the land application of <br />Class B biosolids is necessary and appropriate to guide the future use, development, <br />and protection of the land and natural resources in the unincorporated areas of Indian <br />River County and within areas within drainage areas potentially affecting conservation <br />lands and the Indian River Lagoon; and <br />WHEREAS, the land application activities of Class B biosolids is currently being <br />conducted on property in Indian River County, in areas near waterbodies such as Blue <br />Cypress Lake; and <br />WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is <br />classified by the Florida Department of Environmental Protection as a Class I surface <br />water with a designated use for potable water supplies; and <br />1 <br />