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ORDINANCE NO. 2025- 016 <br />WHEREAS, the Board has approved ordinances extending the temporary <br />moratorium on land application of Class B biosolids activities, which moratorium will <br />expire on January 1, 2026; and <br />WHEREAS, per section 403.0855, Florida Statutes, Indian River County is <br />authorized to enforce and extend such moratorium; and <br />WHEREAS, the purpose of this ordinance is to extend the temporary moratorium <br />on land application of Class B biosolids activities, as defined herein, for an additional 1 <br />year, beginning January 1, 2026, except where such regulation of such activities is <br />determined to be preempted to the state, for a period of time reasonably necessary for <br />Indian River County to coordinate with the Florida Department of Environmental <br />Protection and investigate the impacts of land application activities upon the public health, <br />safety, and welfare, to promulgate reasonable regulations relating to such activities if <br />deemed advisable by the Board, and to assess their impact to Indian River County; <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Recitals Adopted <br />Each of the recitals set forth above is hereby adopted, re -adopted and incorporated <br />herein. <br />Section 2. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest <br />broad home rule powers in counties to enact ordinances, not inconsistent with general or <br />special law, for the purpose of protecting the public health, safety and welfare of the <br />residents of the county. The Board specifically determines that the enactment of this <br />ordinance is necessary to protect the health, safety and welfare of the residents of Indian <br />River County. <br />Section 3. Temporary Moratorium. <br />Beginning on the effective date of this ordinance and continuing for a period of 1 year, or <br />less if provided by an ordinance by the Indian River County Board of County <br />Commissioners, a moratorium is hereby imposed and extended upon all properties within <br />the unincorporated areas of Indian River County involved in land application of Class B <br />biosolids, beginning January 1, 2026, except where determined to be inconsistent with or <br />preempted by state law or regulation or for testing per section 5 below as approved by <br />the Florida Department of Environmental Protection. In addition, the moratorium is hereby <br />imposed and extended upon all transportation activities by any person or entity that is <br />engaged in the transportation of Class B biosolids for land application within Indian River <br />County, except where determined to be inconsistent with or preempted by state law or <br />regulation. All currently approved septage/grease haulers as well as Indian River County <br />contracted haulers of domestic wastewater sludge for treatment at the Indian River <br />County Residual Dewatering Facility and disposal at the Indian River County landfill are <br />