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ORDINANCE NO. 2025- 016 <br /> AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br /> INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF <br /> THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 1 YEAR, OR <br /> UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S <br /> ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS <br /> OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION <br /> ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL <br /> STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS <br /> APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF <br /> ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, <br /> REPEAL OF 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 wastewater sludge from wastewater treatment facilities <br /> that 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 drainage areas potentially affecting conservation lands and the <br /> Indian River Lagoon; and <br /> WHEREAS, the land application activities of Class B biosolids were 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 />