regulations governing the island-wide content and application of lawn fertilizers drafted by the...

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(%)



• 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)



• 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.



“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.


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…..



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


Martha’s Vineyard

Exceptions

Nitrogen


Agriculture & HorticulturePlants and Vegetable

Gardens


> 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





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


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


> 4 Weeks

Type of Fertilizer

> 50% Slow-Release



Rain;Impervious Surfaces


Lawn Fertilizer Regulations: 5.2 Buffer Zone


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.


> 4 Weeks Same

Type of Fertilizer

> 50% Slow-Release Same,Including Exceptions



Rain;Impervious Surfaces

Same


No Exceptions; Phosphate Test Always Required

Lawn Fertilizer Regulations: 5.3 Golf Courses


Martha’s Vineyard

Golf Courses

Nitrogen


Same, including Buffer Zone Restrictions, excluding

existing Tee Boxes & Greens


> 4 Weeks > 2Weeks

Type of Fertilizer

> 50% Slow-Release Same except, Foliar fertilizer may be applied biweekly at <

0.1 lbs/1000 sq ft




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


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.


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


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


Section 6.2: Licensure (continued)• Must display proficiency each 3 year

license period• Must have license in possession while

working


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


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


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


Section 6.5: Enforcement

• Enforcement resides within the Board of Health in each town

• Enforcement and tolling of violations is specific to each town


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


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

regulations governing the island-wide content and application of lawn fertilizers drafted by the...

Documents

mv lawn fertilizer

state regulations

lawn fertilizers account

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implementation slide

lawn care pros

draft regulations spring

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