Brevard’s Ban on Biosolids - Is it Enough?
Pollution, something we all understand is a problem, has the attention of Brevard County, Florida.
On May 5th of 2026, the Brevard County government stepped in to prevent Class B biosolids from entering the Indian River Lagoon for the ninth time, beginning in 2019.
The Ordinance defines Class B biosolids as byproducts from sewage treatment facilities containing nitrogen and phosphorus.
This organic sludge possesses more potential for harm than other notable substances entering the lagoon. Brian E. Lapointe and his team of researchers published a study in which they found sewage caused more excess nitrogen and phosphorus than fertilizer, making the need for a ban targeting sewage treatment facilities and their waste necessary (Lapointe et al. 2023). Nitrogen and phosphorus in biosolids results in the death of significant components of the Indian River Lagoon ecosystem, including fish and seagrass. The laws that banned fertilizer had little effect, which is why Brevard County has been targeting Class B biosolids and extending the moratorium that prevents companies from dumping them.
The Ordinance highlights how biosolids affect estuaries and watersheds by catalyzing the growth of algal blooms.
A study by an Eastern Florida State College student found that portions of the lagoon which endured frequent human activity had a higher amount of bacteria and bacterial diversity. E. coli was even found in areas where humans were swimming during the sample collections, according to the EFSC student. She also cited sewage runoff and waste as the major source for bacteria in the lagoon.
Find her poster in the EFSC Book of Abstracts here: https://www.easternflorida.edu/academics/our/abstracts/undergraduate-research-exhibition-spring-2026.php#jenkin
It is important to note that with the right application, biosolids can be effective fertilizers for plants and crops. It is the excess runoff into the lagoon which poses the greatest issue.
The 2026 Ordinance prevents the land application of Class B biosolids unless permitted already by existing exceptions. These exceptions must comply with state laws around the issue.
The Ordinance specifically mentions the harm done by biosolids as a detriment to the ecosystems and human health. Lake Washington, for example, an area upon which Brevard County relies for safe drinking water, has an ever increasing quantity of phosphorus and nitrogen. Lake Washington serves about 170,000 residents as stated by the Ordinance.
Section 2 of the bill grants Brevard County authority to ratify the Ordinance because it has a direct impact on public safety.
The moratorium, as outlined in Section 3, temporarily prohibits land application of biosolids until its expiration. It can only be repealed or amended by an ordinance or resolution made by the Brevard County Board of County Commissioners.
Is this enough?
This is a positive change and regulating businesses will reduce the continuation of the issue; however, the problem exists already even with prevention. Brevard County and the state of Florida as a whole must continue to regulate businesses and hold them to account, as well as closing loopholes that allow environmental intoxication to exist.
Brian E. Lapointe, Rachel A. Brewton, Lynn E. Wilking, Laura W. Herren,
Fertilizer restrictions are not sufficient to mitigate nutrient pollution and harmful algal blooms in the Indian River Lagoon, Florida, Marine Pollution Bulletin, Volume 193, 2023, 115041, ISSN 0025-326X, https://doi.org/10.1016/j.marpolbul.2023.115041. (https://www.sciencedirect.com/science/article/pii/S0025326X23004733)