Sec. 366.601. - Findings, purpose and intent.

(a) The Council finds and declares that discharges to surface water bodies have resulted in a finding that certain Duval County surface water bodies are exceeding allowable limits for nutrients that are commonly found in fertilizers. These exceedances have led to harmful algal blooms in the Lower St. Johns River and its tributaries and must be reduced in order to comply with the Nutrient Total Maximum Daily Load for the Lower St. Johns River established under the Clean Water Act. (b) The pollution created by excessive nutrient loading directly and negatively impacts the use and enjoyment of the water bodies by the City of Jacksonville citizens and visitors. (c) There are many sources of the nutrients affecting the water bodies, one of which is directly related to excessive or improper fertilization of public, commercial and residential turf and landscape plants. When such fertilizer is inappropriately applied, excess nutrients not absorbed by plants discharge into stormwater treatment systems, surface waters and groundwater within the City. Stormwater and groundwater discharges that contain excessive nutrient levels can lead to overgrowth of vegetation in the natural and artificial drainage features, resulting in the decreased functionality of the drainage feature and causing upland flooding, excessive maintenance costs and efforts, and damage to the natural environment. (d) Effective and comprehensive regulation of fertilizer application by public and commercial applicators and introduction of a concerted public education program will be effective in eliminating the harmful environmental impacts caused by improper fertilizer application. (e) The purpose and intent of this Part is to protect and safeguard the surface waters and groundwater within the City from excessive and harmful nutrient levels associated with improper fertilization techniques and materials handling, thereby protecting public health, safety and welfare. (f) It is also the purpose and intent of this Part to augment the policies adopted and contained in the Conservation/Coastal Management Element of the City's Comprehensive Plan pertaining to the protection of the surface water resources within the City. (Ord. 2008-28-E, § 1)