CITY OF TALLAHASSEE
CITY COMMISSION AGENDA ITEM
ACTION REQUESTED ON: February 25, 2009
SUBJECT/TITLE: 1st and Only Public Hearing on Ordinance No. 09-O-08, Revising Duties of Environmental Variance Board to Add Variances from the Fertilizer Ordinance
TARGET ISSUE: Energy and Environmental Resources
STATEMENT OF ISSUE
On January 28, 2009, the City Commission approved Ordinance No. 08-O-72, regulating the application of fertilizer in the City of Tallahassee. Section 9-132 of the Fertilizer Ordinance provides for variances from the application requirements under certain circumstances and provides that the Environmental Code/Variance Board will consider and act on variances to the Ordinance. The City Attorney’s Office has drafted Ordinance No. 09-O-08 to add duties related to Fertilizer Ordinance variances to the authorized duties of the Environmental Code/Variance Board. (Attachment 1) The ordinance is before the City Commission for public hearing and action.
RECOMMENDED ACTION
Option 1: Hold the public hearing and approve Ordinance No. 09-O-08.
FISCAL IMPACT
None expected.
James R. English, City Attorney
For Information, please contact: Linda Hudson, Assistant City Attorney, Ext. 8554
SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
On January 28, 2009, the City Commission approved Ordinance No. 08-O-72, regulating the application of fertilizer in the City of Tallahassee. Section 9-132 of the Fertilizer Ordinance provides for variances from the application requirements as follows:
Sec. 9-132. Variances
Any applicator of fertilizer regulated by the provisions of this Article may apply to the Environmental Variance Board pursuant to the requirements in Chapter 2, Administration, of this Code and in Section 5-126, Environmental Variances, of the Tallahassee Land Development Code for a variance from the requirements of this Article. In addition to the requirements in Sections 2-197 and 2-198 of this Code and in Section 5-126 of the Land Development Code, the applicant must submit the following information:
(a) Whether, as a result of soil or tissue content at the point of the proposed application or for other geographical, environmental or geological reasons or other circumstances, such person should not be required to adhere to the strict provisions of this Article; and
(b) Whether such person is able and willing to use a less strict application method or alternative materials or methods; and
(c) A plan for fertilizer application, including where the fertilizer will be applied, the frequency of application, contents of fertilizer to be applied, and period of time for which the variance is requested.
The Fertilizer Ordinance provides that the Environmental Variance Board to consider and act on variances to the Ordinance. The City Attorney’s Office has drafted Ordinance No. 09-O-08 to add duties related to Fertilizer Ordinance variances to the authorized duties of the Environmental Code/Variance Board. (Attachment 1) City staff met with the Environmental Variance Board and briefed it on the new duties.
John Cox, Planning Chief, Stormwater Quality Enhancement, has provided the following examples of when a variance from the fertilizer ordinance might be requested. The examples are organized to be consistent and to help illustrate the provisions outlined in the rule that must be met to qualify for the variance.
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The first circumstance would be one in which an applicator has experienced problems in establishing a good ground cover and has determined via a soil test or through leaf tissue analysis that additional nutrients are needed at the site in order to stabilize the area of concern. This would typically come into play when trying to establish ground cover at a highly eroded site location where due to the slope of the land and/or excessive runoff the topsoil has been carried away leaving a sterile environment unable to promote plant growth. In this situation more nitrogen and possibly phosphorus than normally allowed for a longer period would be needed to encourage rapid root development to hold the turf or other ground cover in place before it is washed away by runoff or damaged by other stresses. Less environmental damage would occur by protecting soil loss and preventing downstream sedimentation than that associated with the loss of nutrients.
A second circumstance wherein an applicator should not necessarily be required to adhere to the strict provisions of the ordinance would be when nutrients are being applied in an unconventional but less risky manner. For example, it is not uncommon for liquid fertilizer to be applied via micro jet or a drip irrigation system. In these instances, the nutrients are applied in close proximity to the target either just above ground or at the surface of the soil at a very low but more prolong rate than typical. Since the adsorption system and plants can assimilate more pollution when applied in this manner the operation can apply a greater amount of nutrients than with broadcast or overhead spray with less leaching and runoff of nutrients.
Similarly, a third situation that comes to mind that might warrant and adjustment/variance in the allowable rate and/or timing of application would be associated with the form of the nutrient source. For instance, some applicators prefer to apply fertilizer that is 100 percent slow release organic nitrogen. They like this management practice since it enables crews to apply the entire years worth of nutrients at one time rather than in split applications multiple times during the year. This saves money by reducing equipment operator and fuel costs etc. plus it lowers their carbon footprint in today's go-green effort. Adherence to the strict provisions of the ordinance however would eliminate this practice since applicators are subject to single time application rate limits as well as annual allotments.
The ordinance, which was introduced on February 11, 2009, is before the City Commission for the first and only public hearing and action.
OPTIONS
1. Hold the public hearing and approve Ordinance No. 09-O-08.
2. Hold the public hearing and approve Ordinance No. 09-O-08, as revised by the City Commission.
3. Hold the public hearing and do not approve Ordinance No. 09-O-08. Provide direction to staff.
ATTACHMENTS/REFERENCES