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Jennifer W. Shuler County Attorney <br />Susan J. Prado, Deputy County Attorney <br />Christopher A. Hicks, Assistant County Attorney <br />Al <br />Public Hearing - B.C.C. 12/17/2024 <br />Ofce of <br />INDIAN RIVER COUNTY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />THROUGH: John Titkanich, Jr., County Administrator <br />FROM: Christopher A. Hicks, Assistant County Attorney <br />DATE: December 4, 2024 <br />SUBJECT: Biosolids Moratorium Extension Ordinance - LEGISLATIVE <br />BACKGROUND. <br />ATTORNEY <br />Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage <br />sludge from sewage treatment facilities. Class B biosolids contain phosphorus and nitrogen, which promote <br />algae blooms in surrounding estuaries and watersheds. Class B biosolids were being land applied in Indian <br />River County, on properties near waterbodies such as Blue Cypress Lake. Blue Cypress Lake is the first <br />lake along the St. Johns River and is classified by the Florida Department of Environmental Protection as a <br />Class I surface water with a designated use for potable water supplies. There is evidence of significant <br />increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue <br />Cypress Lake. There appears to be a correlation between the increases of nutrients in Blue Cypress Lake <br />and the land application of biosolids. <br />It is important to note that per Florida Statute, the land application of Class B biosolids has been restricted <br />in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake <br />Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as a cheap alternative <br />for the disposal and land application of Class B biosolids generated in South Florida. <br />On July 17, 2018, the Indian River County Board of County Commissioners (the "Board") approved an <br />ordinance establishing a 180 -day temporary moratorium on all properties within the unincorporated areas <br />of Indian River County involved in land application of Class B biosolids, except where determined to be <br />inconsistent with or preempted by state law or regulation. Additionally, the moratorium is imposed upon <br />the transportation of Class B biosolids for land application within Indian River County, except where <br />determined to be inconsistent with or preempted by state law or regulation. The moratorium on <br />124 <br />