Martha’s Vineyard
Island-Wide Lawn
Fertilizer Initiative
Lawn Fertilizer Initiative
Presentation Agenda
November 5, 2013
• Review Opportunity
• Review Approach
• Review and Discuss Actual Draft Regulations
• Agree BoH Regulatory Path to Approval
• Discuss Outreach Opportunities
Status of Island Water Resources
•
The Vineyard’s Ground and Surface Waters are Both Wonderful
And Threatened;
•
Opportunities Exist to Better Protect our Waters, Assuring that
they are Sustainable, as well as Capable of Sustaining Us;
• Surface Waters: Fishing, Boating & Swimming;
• Public Health Status – Increasingly Anoxic & Subject
to Algal Blooms: Threatening Ponds, Seafood and
Ultimately Human Health
• Ground Waters: Drinking
• Public Health Status -- Excellent, but Subject to Rising
Nitrates in Groundwater: Potential Long Term Threat
to Infant Health
LAWN FERTILIZER USAGE
• Lawn Fertilizers Account for 5-15% of the
Island’s Controllable Nitrogen
LAWN FERTILIZER USAGE
• Lawn Fertilizers Account for 5-15% of the
Island’s Controllable Nitrogen
Sengekontacket: MEP(%)
8%
12%
Fertilizer
Wastewater
80%
Impervious
Surfaces
LAWN FERTILIZER USAGE
Lagoon Pond: MEP(%)
Fertilizer
(Lawn use)
5%
Landfill
0%
Fertilizer
(Ag use)
8%
Runoff;
11%
Septic
Systems
76%
LAWN FERTILIZER USAGE
Opportunity:
• 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
• Opportunities Exist to Better Control the
Timing, Amount, and Type of Application
MA State Lawn Fertilizer Regs
House Bill 04394
• Dept Ag Resources Given State-Wide
Responsibility Effective 9/12;
• Regs. Due 9/13; Eff. 1/14; Phosphorus Focus;
• Exemption for Cape Cod, Nantucket and
Martha’s Vineyard Commissions Allowing for
Local Regs. (Section 9);
• Exemption Expires Year-End 2013 (Section 10)
• Local Regulations Must be Equal to or More
Restrictive than State-Wide Regulations
MA State Lawn Fertilizer Regs
House Bill 04394
• Dept Ag Resources Given State-Wide
Responsibility Effective 9/12;
• Regs. Due 9/13; Eff. 1/14; Phosphorus Focus;
• Exemption for Cape Cod, Nantucket and
Martha’s Vineyard Commissions Allowing for
Local Regs. (Section 9);
• Exemption Expires Year-End 2014 (Section 10)
• Local Regulations Must be Equal to or More
Restrictive than State-Wide Regulations
Proposal for Developing
Island’s Lawn Fertilizer Regulations
• As Provided for Within House Bill 04394, the
MVC will Designate an Island-Wide DCPC on
Lawn Fertilization in Response to a Nomination
by the Island-Wide Boards of Health.
• Island-Wide Boards of Health will Draft
Enabling Regulations and Hold Public Hearings,
with Final Adoption to be on a Town-by-Town
Basis, followed by Ratification on Town Floor.
Approach for Developing
Island’s Lawn Fertilizer Regulations
• A Working Group has Been Assembled to Help
Draft the Island’s Proposed Lawn Fertilizer
Program.
• Each Island Board of Health has Expressed
Support for the Island-Wide Initiative.
• Based on Nantucket’s BoH Regulations;
• Similar to Regulatory Approach Taken with
Island-Wide Tobacco Regulations.
• Towns that Ultimately Vote Not to Participate will
be Subject to and Limited by Subsequent State
Regulations.
Fertilizer Working Group
Bill Veno, MVC Commissioner & Working Group Co-Chair
Michael Loberg, Tisbury BoH, Working Group Co-Chair
Matt Poole, Edgartown Health Agent & Chair Regulatory Sub-Comm
Matt Tobin, West Tisbury Landscaper
Tristan Israel, Tisbury Selectmen and Landscaper
Carlos Montoya, Aquinnah 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, LawnPros
Fertilizer Working Group Outreach
Input has Been Received From:
•
Polly Hill Arboretum
•
Water Alliance
•
Friends of Sengekontacket
•
Lagoon Pond Association
•
Conservation Committee Members
•
Vineyard Conservation Society
Vineyard Draft Lawn Fertilizer Regulations
Criteria
Nitrogen
Nantucket
Annual:
< 3 lbs N/1000 Sq Ft
Single App: <0.5lbs N/1000 Sq Ft
Martha’s Vineyard
Annual:
<3 lbs N/1000 Sq Ft
Single App: <0.5 lbs N/1000 Sq Ft
Application
Frequency
> 2 Weeks
> 4 Weeks
Type of
Fertilizer
> 50% Slow-Release
> 50% Slow-Release
Application
Prohibitions
Nov 16 to Apr 14
Before & During Heavy Rain
Impervious Surfaces
Nov 16 to Apr 14
Before & During Heavy Rain
Impervious Surfaces
Phosphorus
Prohibited Unless
Indicated by Soil Test
Prohibited Unless
Indicated by Soil Test
Vineyard Draft Lawn Fertilizer Regulations
Criteria
Nitrogen
Island-Wide
Annual:
<3 lbs N/1000 Sq Ft
Single App: <0.5 lbs N/1000 Sq Ft
Exemptions
Agriculture & Horticulture
Plants and Vegetable Gardens
Application
Frequency
> 4 Weeks
> 2Weeks for Golf Courses
Type of
Fertilizer
> 50% Slow-Release
Foliar fertilizer, including compost tea, when
applied at less than 0.1 lbs/1000 sq ft
Phosphorus
Prohibited Unless
Indicated by Soil Test
Organic, Slow-Release Fertilizer (compost)
Application
Prohibitions
Nov 16 to Apr 14
Before & During Heavy Rain
Impervious Surfaces
Golf Courses may apply an additional
December application
Vineyard Draft Lawn Fertilizer Regulations
Criteria
Nitrogen
Island-Wide
Annual:
<3 lbs N/1000 Sq Ft
Single App: <0.5 lbs N/1000 Sq Ft
Buffer Zone
Annual:
<0.5 lbs N/1000 Sq Ft
Single App: <0.25 lbs N/1000 Sq Ft
Nitrogen, with
25 ft. Native
Vegetation Strip
NA
Annual:
<1 lb N/1000 Sq Ft
Single App: <0.25 lbs N/1000 Sq Ft
Application
Frequency
> 4 Weeks
> 4 Weeks
Type of
Fertilizer
> 50% Slow-Release
> 50% Slow-Release
Application
Prohibitions
Nov 16 to Apr 14
Before & During Heavy Rain
Impervious Surfaces
Nov 16 to Apr 14
Before & During Heavy Rain
Impervious Surfaces
Regulations
Criteria
Landscape
Professional
Landscape
Licensure
Mandatory with required
Half-Day Course and Written
Demonstration of Proficiency;
$xxx Fee; Effective for 3 Yrs.
Enforcement
Enforced by Board of Health with
Increasing Fines per Violation;
leading to License Suspension
and/or Revocation
Homeowner
Mandatory for Buffer Zone, with
Same Training, Proficiency, and
Fees as Landscape Professional;
Optional Outside Buffer Zone
Responsible for work done on
their property whether done by
themselves or retained landscape
professional; and subject to the
same fine structure; and
suspension of licensure if
working within Buffer Zone
MV Lawn Fertilizer Regulations
Compliance
• Penalties
• Standard-of-Care Discussions
• Neighbor to Neighbor
• Landscaper to Client
• Community Associations to Community
• Friends of Sengekontacket, Polly Hill, Vineyard
Conservation Society, Lagoon Pond Assoc. etc.
• Town to Community
• Conservation Commission, Harbor and Shellfish
Management, Board of Health, etc.
Nantucket Draft Lawn Fertilizer Regulations
Date
Amount
Type of Fertilizer
May 15th
1 Pound of Nitrogen/1000 sq ft
18-0-9 Polyon 75% Controlled
Release Fertilizer
June 1st
0.25 Pounds of Nitrogen/1000 sq ft
7-0-0 Fast Release Fertilizer with
Grub Control
June 20th
0.75 Pounds of Nitrogen/1000 sq ft
15-0-8 87% Slow Release Organic
September 1st
1 Pound of Nitrogen/1000 sq ft
18-0-9 Polyon 75% Controlled
Release Fertilizer
Fertilizer Working Group Outreach
----Fertilizer Application Programs---• Matthew Crowther, Mink Meadows Golf Course
• Tim Boland, Polly Hill Arboretum
• Steve Anagnos, LawnPros
• Lawn care product store owners (to be recruited)
• Brendan O’Neil (to be recruited to help produce
BMP)
• Matt Poole, Board of Health representative
Proposed Timeline for Developing
Island’s Lawn Fertilizer Regulations
• September: Establish Working Group to Oversee Project
• November 22nd: Finalize Draft Regulations
• December xxth: Hold One Island-Wide BoH Public Hearing
• January xxth: Each Town BoH Individually Holds 2nd Public
Hearing & Votes on Regulations
• Mid-January: Boards Of Health Incorporate Regulations into
an Island-Wide DPDC Submission
• January: Each Board Submits Warrant Articles for Spring
Town Meetings
• April: Ratify Regulations at Individual Town Meetings
Lawn Fertilizer Usage
Opportunity:
• 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 MEP
• Get ahead of a potential problem early
• Opportunities Exist to educate toward
effective use and protect the environment.
MV Lawn Fertilizer Regulations
Required Board of Health Decisions
• Regulations:
Application Limits
Enforcement & Licensure
• Regulatory Path:
Island-wide Tobacco Model
Date of 1st Open Hearing
Date(s) of 2nd Open Hearings
Path to DCPC Nomination
• Outreach:
Selectmen (Ron Rappaport)
Pond Associations
Town Committees
Martha’s Vineyard
Island-Wide Lawn
Fertilizer Initiative