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Representatives from FDEP commented that the data collected to date support the notion that the BCL Watershed would be on the FDEP's list for phosphorus impairment. This designation will lead to the creation of a Total Maximum Daily Loading (TMDL) amount that will define the phosphorus loading limits for the lake's watershed and the creation of a Basin Management Action Plan (EMAP) to remediate the loads. This process is likely to take two years or longer based on the typical regulatory process. If the application of Class B biosolids were to continue in the BCL watershed during this rule creation timeframe, it is likely that the phosphorus levels in BCL would continue to increase. The revised Phosphorus Index and recent data collected support this conclusion. Consistent with the preliminary findings from the TAC, reports from OF/IFAS, and data presented by SJRWMD, there are concerns that the existing rules and methodologies may be outdated and need review in order to account for all nutrients making their way to the environment. Curtailing any additional phosphorus inputs to the lake from the surrounding watershed is not the only remedy, but will assist in the process of lake recovery. Although immediate action would be beneficial, it should be recognized that the lake's response to reduced loadings may not be immediate. It has been estimated that removing nutrients from the environment through some type of site remediation activity may cost on order of three (3) magnitudes or greater than the cost of preventing the loading from taking place initially. Therefore, prevention of further phosphorus loading is prudent. The following possible action items are offered for the BCC to consider: 1. Discontinue Moratorium - Let the existing six-month moratorium expire. The BCC approved moratorium became effective July 18, 2018, and expires January 14, 2019. This would allow permitted land application of Class B biosolids to continue. Extend the Moratorium on the permitted land application of biosolids until such a time that the Biosolids TAC can provide feedback on their charge questions and furnish the FDEP with the information that may be necessary for FDEP to revise the current rules regarding the land application of Class B biosolids included in the Florida Administrative Code. This moratorium extension would also allow more time for the regulatory agencies to continue collaborating to gather more data in and around BCL, and possibly refine science -based recommendations. Staff recommends the BCC provide direction on authorizing staff to bring back an ordinance and hold a public hearing at the January 8, 2019, meeting to extend the moratorium. Pursue an Emergency Order request through the FDEP that would restrict the application of Class B biosolids within Indian River County to ensure a no net increase to the Phosphorus loads on the land applied material. Pursuant to section 120.54(4), Florida Statutes, an emergency rule shall not be effective for a period longer than 90 days and shall not be renewable, except when the agency has initiated rulemaking to adopt rules addressingthe subject of the emergency rule and either: 1) A challenge to the proposed rules has been filed and remains pending; or 2) The proposed rules are awaiting ratification by the Legislature. Combination of 2 and 3. This approach would provide for protection of BCL tied to the conclusion of the biosolids TAC and allow for additional investigations into future legislative initiatives to protect the watershed, similar to what is in effect for the Okeechobee, St. Lucie River and Caloosahatchee River watershed under the Northern Everglades and Estuaries Program. 139