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HomeMy WebLinkAbout2018-016ORDINANCE NO. 2018- 0!6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING A TEMPORARY MORATORIUM FOR 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and chapter 125, Florida Statutes, counties have broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county; and WHEREAS, the Indian River County Board of County Commissioners ("Board") specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County; and WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities that contain algae supporting nutrients such as phosphorus and nitrogen; and WHEREAS, phosphorus and nitrogen pollution have been a long term problem for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Class B biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within areas within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Class B biosolids is currently being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies; and 1 ORDINANCE NO. 2018- n16 WHEREAS, there is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake; and WHEREAS, there appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids in the unincorporated area of Indian River County; and WHEREAS, the land application of biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Class B biosolids generated in South Florida; and WHEREAS, adding to the present nutrient levels in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies; and WHEREAS, the Board has determined that the temporary moratorium is needed to study the effects that the disposal and land application of Class B biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Class B biosolids; and WHEREAS, County staff has met with owners of properties currently permitted through the Florida Department of Environmental Protection to land apply Class B biosolids and owners indicated a good faith willingness to voluntarily cease Class B biosolids land application activities for the duration of the 180 day moratorium; and WHEREAS, the purpose of this ordinance is to place a temporary moratorium on land application of Class B biosolids activities, as defined herein, except where regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable by the Board, and to assess their impact to Indian River County; 2 ORDINANCE NO. 2018- ni ti NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 180 days, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. Section 4. Expiration of Temporary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 180 days from the effective date of this ordinance. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the Indian River County Board of County Commissioners. Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 180 days after the effective date of this ordinance. 9 ORDINANCE NO. 2018- n16 Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7. Codification. It is the intention of the Indian River County Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 8. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 9. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 10. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 7th day of July, 2018, for a public hearing to be held on the 17th day of July, 2018, at which time it was moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted. The vote on this ordinance was as follows: Chairman Peter D. O'Bryan aye Vice Chairman Bob Solari aye Commissioner Susan Adams aye Commissioner Joseph E. Flescher aye Commissioner Tim Zorc aye The Chairman thereupon declared the ordinance duly passed and adopted this 17th day of July, 2018. 4 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COU, , FLORIDA I� `••, CO Blit Peter D. O'Bryan, Chai ORDINANCE NO. 2018 -- ATTEST: Jeffrey R. Smith, Clerk and Comptr Her APPROVED AS TO FORM AND I-EaAL SUFFICIENCY By:A �l� t"" Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the 18th day of July, 2018.