Fertilizer Working Group

1. Regulations Governing the Island-Wide Content and Application of Lawn FertilizersDrafted by the Island’s Boards of Health, with Assistance from the MV Commission and The MV Lawn Fertilizer Working Group

2. 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

3. 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 Fertilizer Working Group Outreach

4. 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 MA State Lawn Fertilizer Regulations

5. 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 Lawn Fertilizer Regulations

6. Sections 1, 2, & 3: Why and How • Sections 4 & 5: What • Sections 6 -10: Implementation Draft BoH Lawn Fertilizer Regulations

7. Sections 1, 2, & 3: Why and How • Sections 4 & 5: What • Sections 6 -10: Implementation • Questions and Answers Draft BoH Lawn Fertilizer Regulations

8. Section 1: Why • Lawn Fertilizers Account for 5-15% of the Island’s Controllable Nitrogen Sengekontacket: MEP(%) Lawn Fertilizer Regulations

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. Lawn Fertilizer Regulations – General 5.1

21. Lawn Fertilizer Regulations – General 5.1

22. Lawn Fertilizer Regulations: 5.2 Buffer Zone

23. Lawn Fertilizer Regulations: 5.2 Buffer Zone

24. Lawn Fertilizer Regulations: 5.3 Golf Courses

25. Section 5.4: Exemptions • Home Vegetables and Flower Gardens • Landscape Ornamentals, Shrubs, Trees, Bushes and Container Plants • Agriculture and Horticulture Lawn Fertilizer Regulations

26. 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

27. Section 6: Education, Licensure & Administration • Contains All the Subparts that Describe How the Regulations will be Implemented Lawn Fertilizer Regulations

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. 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

37. 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

38. 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

39. 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

40. 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 Lawn Fertilizer Regulations

41. Martha’s Vineyard Island-Wide Lawn Fertilizer Initiative

42. Lagoon Pond: MEP(%) LAWN FERTILIZER USAGE

43. Lagoon Pond: MEP(%) LAWN FERTILIZER USAGE