by Mike Sharkey
Staff Writer
By now, it’s likely most are familiar with the St. Johns River Water Management District’s “Think Two” initiative and the catchy jingle “It Takes Two” that accompanies the TV ads reminding Florida residents that watering their lawns twice a week is adequate — and legal.
While that’s a statewide mandate, an ordinance working its way through City Council would limit how often and when Jacksonville residents may water their lawns, effectively making the statewide mandate law in Jacksonville.
The law — which was introduced Jan. 8 to the full Council and assigned to two Council committees — is filled with exceptions. But, if passed, the bottom line is residents with even-numbered addresses will be allowed to water their lawns through irrigation systems on Thursdays and Sundays while those with odd-numbered residences may do so on Wednesdays and Saturdays. No one will be allowed to run irrigation systems between 10 a.m. and 4 p.m.
This ordinance and another that covers the use of fertilizer on residential and commercial property were explained in detail Wednesday by Vince Seibold, chief of the City’s Environmental Quality Division. Seibold was addressing the first meeting of the Jacksonville Waterways Commission’s Committee on Water Quality. The committee is chaired by former JWC chair and City Council member Lynette Self. She is joined by current Waterways Commission members Steve Nichols, Penny Thompson, Jim Bailey and Council member Jack Webb.
“This issue has gained a lot of ground in Northeast Florida over the last six months,” said Self of overall water quality, usage and conservation. “We need to educate ourselves as a committee.”
According to Seibold, the two ordinances work in union to create what’s known as a “Florida Friendly Yard” — a concept that combines environmentally sensitive use of fertilizer and the legal use of ground water for irrigation to allow residents to maintain healthy yards and landscaping. Both ordinances amend a chapter of the City’s code that governs ground water resource management.
Self questioned why the committee was hearing a presentation when the City already has laws on the books that regulate water usage. Another section of the ordinance would prohibit residents as well as commercial landscapers and the City from blowing grass clippings and leaves into the street, which will prevent both from winding up in JEA’s stormwater treatment system
“The government does a lot of landscaping and I don’t think state and local governments set a good example,” said Self. “I don’t think we (the City) set a good example. Trying to get reuse (of water for irrigation) in the medians has been a nightmare, an eight-year struggle.
“I see landscaping companies do it (blow grass and leaves into the street) all the time. Many of these are contracted by the City. We are not enforcing what’s on the books now. By the time people complain, nothing can be done.”
Seibold said members of the Jacksonville Sheriff’s Office, the Florida Highway Patrol and City employees will have the leeway to enforce both ordinances. Jason Teal, an attorney with the Office of General Counsel, told Self the ordinances did not give any law enforcement body any authority to penalize violators.
“There is no enforcement mechanism,” said Teal, adding the amended ordinances give Chapter 366 of the ordinance code teeth. “This brings the state guidelines and makes them local regulations.”
Nichols and Thompson both questioned the ability to consistently and adequately enforce laws governing irrigation and fertilizer usage, especially given the larger law enforcement issues in Jacksonville and the number of exceptions — such as golf courses and other commercial properties — within the ordinances.
“This is a big fish to pull in,” said Thompson, referring to the ability to monitor legal and illegal watering and fertilizer use. “I just don’t see JSO monitoring something like this when I can’t get them to monitor red light running.”
Seibold said the water usage ordinance allows for three layers of enforcement: a written warning for the first violation, a Class B offense for the second and a Class D offense for subsequent violations. Both laws, he said, are designed to help the City eventually adhere to the state-mandated Clean Water Act, which includes a provision that addresses the Total Maximum Daily Load (TMDL) for the lower St. Johns River.
He said it will cost the City about $1 billion to meet the TMDL. Conserving water and reducing the stormwater run-off and the costs associated with treating that water will help cut into that $1 billion tab.
Nichols suggested starting with local homeowners associations in an effort to convince them the ordinances are both the law and the environmentally right thing to do.
He also suggested that JEA implement a stringent “progressive pricing” policy. Such a policy would establish a base monthly water usage level for most JEA customers. As water usage goes up, the bill goes up. However, using a progressive formula the bill would increase exponentially.
“The more you use, the more you pay,” said Nichols, adding he has lived in areas that employed this type of billing system and it did discourage heavy, unnecessary water consumption.
He also pointed a finger at the City as a current violator of unnecessary water consumption.
“One of the biggest abusers is the right-of-ways,” said Nichols. “I drive by all the time and see the sprinklers going when it’s raining. Out west they are very aware of their water problems. We haven’t figured that out yet.”
Self said the committee will meet regularly with the objective of monitoring local water usage and the laws that apply. She added the committee will also meet with environmental groups such as the Sierra Club and the St. Johns Riverkeeper.
“We want to provide ideas for ordinances that will keep the river healthy,” she said, adding there will eventually be public meetings on major issues that come before the committee.