Transcript 01.29.14 Public Hearing PPT - Martha`s Vineyard Boards of Health

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 Group
Bill Veno, MVC Senior Planner & Working Group Co-Chair
Michael Loberg, Tisbury BoH, Working Group Co-Chair
Matt Poole, Edgartown Health Agent & Chair Regulatory Sub-Comm
Tristan Israel, Tisbury Selectmen and Landscaper
Carlos Montoya, Aquinnah Planning Board & Landscaper
John Breckinridge, Oak Bluffs Conservation and MVC Commissioner
Jeff Carlson, Edgartown Conservation Commissioner & Vineyard Golf
Chris Murphy, Chilmark, Conservation Commissioner
Joan Malkin, Chilmark Conservation and MVC Commissioner
Linda Sibley, West Tisbury MV Commissioner
Tim Boland, Polly Hill Arboretum
Steve Anagnos, Lawn Care Pros
Fertilizer Working Group Outreach
Input has Been Received From:
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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 StateWide Responsibility Effective September 2012
• Exemption for Cape Cod, Nantucket and
Martha’s Vineyard Commissions Allowing for
Local Regulations
• Local Exemption Expires no Earlier than YearEnd 2014
• State Regulations Apply in the Absence of Ours
Lawn Fertilizer Regulations
Approval 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 Regulations
Section 1: Why
• Lawn Fertilizers Account for 5-15% of the
Island’s Controllable Nitrogen
Sengekontacket: MEP(%)
8%
12%
Fertilizer
Wastewater
80%
Impervious
Surfaces
Lawn Fertilizer Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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
Criteria
Nitrogen
Martha’s Vineyard
Martha’s Vineyard
Exceptions
Annual:
<3 lbs N/1000 Sq Ft
Single 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 Rain
Impervious Surfaces
Phosphorus
Prohibited Unless
Indicated by Soil Test
Lawn Fertilizer Regulations – General 5.1
Criteria
Nitrogen
Application
Frequency
Martha’s Vineyard
Martha’s Vineyard
Exceptions
Annual:
<3 lbs N/1000 Sq Ft
Single App: <0.5 lbs N/1000 Sq Ft
> 4 Weeks
Type of
Fertilizer
> 50% Slow-Release
Application
Prohibitions
Nov 14th to Apr 15th;
Before & During Heavy Rain
Impervious Surfaces
Phosphorus
Agriculture & Horticulture
Plants and Vegetable Gardens
Prohibited Unless
Indicated by Soil Test
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
Criteria
Martha’s Vineyard Martha’s Vineyard
Buffer Zone
Exceptions
None within 10 ft of Resource Area;
Nitrogen
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
Criteria
Martha’s Vineyard Martha’s Vineyard
Buffer Zone
Exceptions
None within 10 ft of Resource Area;
Nitrogen
If 25 ft wide, non-turf, fertilizer free,
vegetative strip exists, then:
For Remainder of Buffer Zone:
Annual:
<0.5 lbs N/1000 Sq
Annual: <1.0 lbs N/1000 Sq Ft in
Ft
the remainder of the buffer zone.
Single App: <0.25 lbs N/1000 Sq Ft
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
Courses
Criteria
Nitrogen
Martha’s Vineyard
Annual:
<3 lbs N/1000 Sq Ft
Single App: <0.5 lbs N/1000 Sq Ft
Martha’s Vineyard
Golf Courses
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 Rain
Impervious Surfaces
Dec 14th to Apr 15th;
Before & During Heavy Rain
Impervious Surfaces
Phosphorus
Prohibited Unless
Indicated by Soil Test
Same, Including Exceptions
Lawn Fertilizer Regulations
Section 5.4: Exemptions
• Home Vegetables and Flower Gardens
• Landscape Ornamentals, Shrubs, Trees,
Bushes and Container Plants
• Agriculture and Horticulture
Lawn Fertilizer Regulations
Section 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 Regulations
Section 6: Education, Licensure & Administration
Contains All the Subparts that Describe
How the Regulations will be Implemented
Lawn Fertilizer Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 Regulations
Section 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 USAGE
Lagoon Pond: MEP(%)
5%
Septic Systems
11%
Agriculture
8%
Runoff
5%
76%
Lawn Fertilizer
LAWN FERTILIZER USAGE
Lagoon Pond: MEP(%)
5%
Septic Systems
11%
Eat Local
8%
Agriculture
4%
72%
Runoff
Lawn Fertilizer