regulations governing the island-wide content and application of lawn fertilizers drafted by the...
TRANSCRIPT
Regulations Governing the Island-Wide Content and
Application of Lawn Fertilizers
Drafted by the Island’s Boards of Health, with Assistance from the MV
Commission and The MV Lawn Fertilizer Working Group
Fertilizer Working GroupBill Veno, MVC Senior Planner & Working Group Co-ChairMichael Loberg, Tisbury BoH, Working Group Co-ChairMatt Poole, Edgartown Health Agent & Chair Regulatory Sub-CommTristan Israel, Tisbury Selectmen and LandscaperCarlos Montoya, Aquinnah Planning Board & LandscaperJohn Breckinridge, Oak Bluffs Conservation and MVC CommissionerJeff Carlson, Edgartown Conservation Commissioner & Vineyard GolfChris Murphy, Chilmark, Conservation Commissioner Joan Malkin, Chilmark Conservation and MVC Commissioner Linda Sibley, West Tisbury MV CommissionerTim Boland, Polly Hill ArboretumSteve Anagnos, Lawn Care Pros
Fertilizer Working Group Outreach
Input has Been Received From:• Polly Hill Arboretum• Water Alliance Members• Golf Course Managers• Professional Landscapers• Retailers• Pond Associations• Town Conservation
Commissions• Vineyard Conservation
Society
MA State Lawn Fertilizer Regulations
House Bill 0435
• MA Dept Agricultural Resources Given State-Wide Responsibility Effective September 2012
• Exemption for Cape Cod, Nantucket and Martha’s Vineyard Commissions Allowing for Local Regulations
• Local Exemption Expires no Earlier than Year-End 2014
• State Regulations Apply in the Absence of Ours
Lawn Fertilizer RegulationsApproval Timing and Process
• January 29th: Conduct One Island-Wide BoH Public Hearing
• By February 21st: Conduct Individual Town BoH Meetings and Vote on the Regulations and DCPC Nomination
• February: Each Board Submits Warrant Articles for Spring Town Meetings
• March: MVC Votes on DCPC Nomination and Considers Draft Regulations
• Spring: Regulations Voted on at Individual Town Meetings
Draft BoH Lawn Fertilizer Regulations
• Sections 1, 2, & 3: Why and How
• Sections 4 & 5: What
• Sections 6 -10: Implementation
Draft BoH Lawn Fertilizer Regulations
• Sections 1, 2, & 3: Why and How
• Sections 4 & 5: What
• Sections 6 -10: Implementation
• Questions and Answers
Lawn Fertilizer RegulationsSection 1: Why• Lawn Fertilizers Account for 5-15%
of the Island’s Controllable Nitrogen
12%
80%
8% FertilizerWastewaterImpervious SurfacesFarmsLandfill
Sengekontacket: MEP(%)
Lawn Fertilizer RegulationsSection 1: Why• Lawn Fertilizers Account for 5-15%
of the Island’s Controllable Nitrogen
• Better Management of Lawn Fertilizers Could• Improve our Pond’s Water
Quality• Protect Human Health• Offer a Low Cost Response to
the MA Estuaries Program (MEP)
Lawn Fertilizer RegulationsSection 1: Why• Lawn Fertilizers Account for 5-15%
of the Island’s Controllable Nitrogen
• Better Management of Lawn Fertilizers Could• Improve our Pond’s Water
Quality• Protect Human Health• Offer a Low Cost Response to
the MA Estuaries Program (MEP)
• Opportunities Exist to Better Control the Timing, Amount, and Type of Application
Lawn Fertilizer RegulationsSection 1: Compliance• Penalties (Section 6.5)• Common, Island-Wide Standard-of-Care
Discussions• Neighbor to Neighbor• Landscaper to Client• Retailer to Customer• Community Associations to
Community• Town to Community
• Conservation Commission, Harbor and Shellfish Management, Board of Health, etc.
Lawn Fertilizer RegulationsSection 2: Purpose
• Reduction of Nitrogen and Phosphorus to Better Protect Water Resources;
• By Means of Education, Licensure, Regulation and Enforcement; and
• Compliance with Any Applicable Water Quality Standards Relating to Controllable Nitrogen and Phosphorus
Lawn Fertilizer RegulationsSection 3: Authority
• Boards of Health under Chapter 111, Section 31
• Martha’s Vineyard Commission Under House Bill 04394
• Town Meeting under Chapter 831 of the Acts of 1977 as amended
Lawn Fertilizer RegulationsSection 4: Definitions
Definition of Impervious Surface, pg 5:“Impervious Surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, but does not include compacted areas on athletic fields, such as baseball infields and, intensely trafficked Turf.
Lawn Fertilizer RegulationsSection 4: Definitions
Definition of Impervious Surface, pg 5:“Impervious Surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, but does not include compacted areas on athletic fields, such as baseball infields and, intensely trafficked Turf.
Lawn Fertilizer RegulationsSection 4: Definitions
Definition of Impervious Surface, pg 5:“Impervious Surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, but does not include compacted areas on athletic fields, such as baseball infields and, intensely trafficked Turf.
“Turf” means grass-covered Soil held together by the root system, and includes turf used for sports and recreational activities as well as for lawns and utility areas.
Lawn Fertilizer RegulationsSection 4: Definitions
Definition of Impervious Surface, pg 5:“Impervious Surface” means a surface
that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, but does not include compacted areas on athletic fields, such as baseball infields and, intensely trafficked Turf.
Section 5: Turf Performance Standards 5.1.3 pg 6: No person shall apply or deposit Fertilizer on any Impervious Surface…..
Lawn Fertilizer RegulationsSection 4: Definitions
Definition of Impervious Surface, pg 5:“Impervious Surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, but does not include compacted areas on athletic fields, such as baseball infields and, intensely trafficked Turf.
Section 5: Turf Performance Standards 5.1.3 pg 6: No person shall apply or deposit Fertilizer on any Impervious Surface…..
Lawn Fertilizer RegulationsSection 5: Turf Performance Standards
• 5.1 General Turf Performance Standards
• 5.2 Fertilizer in the Buffer Zone
• 5.3 Fertilizer on Golf Courses
• 5.4 Exemptions
• 5.5 Precedence
Lawn Fertilizer Regulations – General 5.1
CriteriaMartha’s Vineyard
Martha’s Vineyard
Exceptions
Nitrogen
Annual: <3 lbs N/1000 Sq FtSingle App: <0.5 lbs N/1000 Sq Ft
Application Frequency
> 4 Weeks
Type of Fertilizer
> 50% Slow-Release
Application Prohibitions
Nov 14th to Apr 15th;Before & During Heavy
RainImpervious Surfaces
Phosphorus Prohibited Unless Indicated by Soil Test
Lawn Fertilizer Regulations – General 5.1
CriteriaMartha’s Vineyard
Martha’s Vineyard
Exceptions
Nitrogen
Annual: <3 lbs N/1000 Sq FtSingle App: <0.5 lbs N/1000 Sq Ft
Agriculture & HorticulturePlants and Vegetable
Gardens
Application Frequency
> 4 Weeks
Type of Fertilizer
> 50% Slow-Release
Compost Tea, Starter Fertilizer and Liquid Fertilizer <0.1 lbs N per 1000 Sq Ft over 4 weeks
Application Prohibitions
Nov 14th to Apr 15th;Before & During Heavy
RainImpervious Surfaces
Phosphorus Prohibited Unless Indicated by Soil Test
Organic Compost and Compost Tea;
Pelletized Organic Fertilizer at a P/N Weight Ratio of <
.25;Starter Fertilizer at <0.1
lbs N per 1000 Sq Ft over 4 weeks
Lawn Fertilizer Regulations: 5.2 Buffer Zone
CriteriaMartha’s Vineyard
Buffer Zone
Martha’s Vineyard
Exceptions
Nitrogen
None within 10 ft of Resource Area;
For Remainder of Buffer Zone: Annual: <0.5 lbs N/1000 Sq Ft Single App: <0.25 lbs N/1000 Sq Ft
Application Frequency
> 4 Weeks
Type of Fertilizer
> 50% Slow-Release
Application Prohibitions
Nov 14th to Apr 15th;Before & During Heavy
Rain;Impervious Surfaces
Phosphorus Prohibited Unless Indicated by Soil Test
Lawn Fertilizer Regulations: 5.2 Buffer Zone
CriteriaMartha’s Vineyard
Buffer Zone
Martha’s Vineyard
Exceptions
Nitrogen
None within 10 ft of Resource Area;
For Remainder of Buffer Zone: Annual: <0.5 lbs N/1000 Sq Ft Single App: <0.25 lbs N/1000 Sq Ft
If 25 ft wide, non-turf, fertilizer free, vegetative strip exists, then:
Annual: <1.0 lbs N/1000 Sq Ft in the remainder of the buffer zone.
Application Frequency
> 4 Weeks Same
Type of Fertilizer
> 50% Slow-Release Same,Including Exceptions
Application Prohibitions
Nov 14th to Apr 15th;Before & During Heavy
Rain;Impervious Surfaces
Same
Phosphorus Prohibited Unless Indicated by Soil Test
No Exceptions; Phosphate Test Always Required
Lawn Fertilizer Regulations: 5.3 Golf Courses
CriteriaMartha’s Vineyard
Martha’s Vineyard
Golf Courses
Nitrogen
Annual: <3 lbs N/1000 Sq FtSingle App: <0.5 lbs N/1000 Sq Ft
Same, including Buffer Zone Restrictions, excluding
existing Tee Boxes & Greens
Application Frequency
> 4 Weeks > 2Weeks
Type of Fertilizer
> 50% Slow-Release Same except, Foliar fertilizer may be applied biweekly at <
0.1 lbs/1000 sq ft
Application Prohibitions
Nov 14th to Apr 15th;Before & During Heavy
RainImpervious Surfaces
Dec 14th to Apr 15th;Before & During Heavy Rain
Impervious Surfaces
Phosphorus Prohibited Unless Indicated by Soil Test Same, Including Exceptions
Lawn Fertilizer RegulationsSection 5.4: Exemptions
• Home Vegetables and Flower Gardens
• Landscape Ornamentals, Shrubs, Trees, Bushes and Container Plants
• Agriculture and Horticulture
Lawn Fertilizer RegulationsSection 5.5: Precedence
• If issued, more stringent state regulations would take precedence Island-wide
• If issued, more stringent Town regulations would take precedence Town-wide.
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Contains All the Subparts that Describe How the Regulations
will be Implemented
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Section 6.1: Education and Assessment
Requires the town Board of Health to• Ensure that a fertilizer education
program is offered based on the regulations and supporting documentation (MV BMP).
• Administer or oversee an assessment (test) of license candidates to ensure competency.
• Furnish summary of regulations to public & professionals.
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Section 6.2: Licensure• Each town that adopts the regs will
issue a license for a fee of $100• Required of professionals• Not required for property owners
but optional
• Must illustrate proficiency by passing the test
• Upon issuing a license the issuing town shall forward a “Notice of Issuance of Fertilizer License” to each other participating town on MV
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Section 6.2: Licensure (continued)• Upon receipt of “Notice of Issuance of
Fertilizer License” each receiving town must issue license to the licensee. NO ADDITIONAL DOCUMENTATION OR FEE IS REQUIRED in a receiving town.
• Licenses applications run on a calendar year cycle for a 3 year life span
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Section 6.2: Licensure (continued)• Must display proficiency each 3 year
license period• Must have license in possession while
working
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Section 6.2: Licensure (continued)
Employees of a licensed individual may have up to 8 employees working under the license, provided that:• Employees are sufficiently trained to
comply• Employees have passed a proficiency
test (one less extensive than the employers test)
• Employer supervises compliance• Employer keeps records of which
employees have been cleared to fertilize
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Section 6.3: Services to be Performed by a Third Party
• The Board of Health may delegate or purchase services from a third party(s) to deliver Sections 6.1 and 6.2
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Section 6.4: Liability
• Property Owners may be held liable for violations if they had reasonable knowledge a violation would occur
• A Landscape employer is liable for violations by his/her employees
• Anyone who commits a violation, no matter their role, may be held liable
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Section 6.5: Enforcement
• Enforcement resides within the Board of Health in each town
• Enforcement and tolling of violations is specific to each town
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Section 6.5: Enforcement• First violation within a 36 month
period:• Written warning
• Second violation with a 36 months of first:• $50 fine
• Third and subsequent violations within 36 months of first:• $300
Lawn Fertilizer RegulationsSection 6: Education, Licensure & Administration
Section 6.5: Enforcement• License revocation is possible for
serious or habitual offenders• Board of Health may revoke or
suspend license after a hearing• Board of Health may use a non-
criminal ticketing process as structured in their town
• Board of Health reserves the right to seek an indictment or court complaint
Lawn Fertilizer RegulationsSection 7: Severability Clause
• If any section of the regulations is declared invalid the remainder of the regulations is insulated and remains in effect
Lawn Fertilizer RegulationsSection 8: Amendments
• Board of Health must advertise amendments in a local paper 2 times immediately prior to hearing• Amendments must be reviewed by
experts• Amendments must finally by
approved by Board of Health Commissioners
• In accordance with the DCPC process the amendment(s) must be approved by the MVC Commissioners and adopted at Town Meeting.
Lawn Fertilizer RegulationsSection 9: Effective Date
• January 1, 2015
Section 10: Interim Provisions
• Until the Boards of Health implement the licensing program, landscapers are allowed to work without a license providing they comply with the application standards in Section 5
Martha’s Vineyard Island-
Wide Lawn Fertilizer Initiative
LAWN FERTILIZER USAGELagoon Pond: MEP(%)
76%
5%
8%
11%
5%Septic Systems
Agriculture
Runoff
Lawn Fertilizer
LAWN FERTILIZER USAGELagoon Pond: MEP(%)
72%4
%
8%
11%
5%Septic Systems
Eat Local
Agriculture
Runoff
Lawn Fertilizer