4.5. SR 11-13-2000
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City of 1</
Elk
Item # 4.5.
Memorandum
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE: NOVEMBER 13, 2000 -SfL
SUBJECT: REQUEST TO PROCEED WITH
LAWN FERTILIZER ORDINANCE
City staff has been working with the Lake Orono Water Quality Task Force since before
the Lake Orono dredging project. As part of their ongoing effort to improve the water
quality in the Lake, this group is considered the effects of fertilizer.
Approximately 15 communities in Minnesota currently have ordinances that address the
amount of phosphorus contained in fertilizer. Most of these communities are in the
metropolitan area, but several are out-state communities.
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Banning the use of phosphorus in fertilizer tends to be an unenforceable ordinance. The
city would need fertilizer police. Banning the sale of phosphorus in fertilizer apparently
runs into trouble with interstate commerce laws. For these reasons, staff was initially
reluctant to move forward with an ordinance amendment regarding lawn fertilizer.
However, after talking to several communities, staff believes the usefulness of such an
ordinance is for educational purposes. It carries more weight to say phosphorus is not
needed, it can have negative environmental effects, and it is illegal versus saying we wish
you wouldn't use it. But, an ordinance has to be combined with a strong educational
program and advertising campaign to be effective.
Plymouth's Ordinance - Attached to this memo is the City of Plymouth's Lawn
Fertilizer Ordinance that they initially passed in 1995. This is a good ordinance to use as
a model. Staffs contact at the City of Plymouth was Shane Missaghi (763) 509-5000.
Key components of this ordinance are as follows:
~ License requirements for commercial applicators - The licensing provides a
vehicle to inform commercial applicators of the city's restrictions on fertilizer and
provides for random sampling, if it is thought that they are not adhering to the
ordinance. State Statutes (18B) regarding requirements on posting warning signs
and other restrictions on pesticide use are referenced in this ordinance.
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~ Exemptions to Phosphorus Requirements - Phosphorus can be used if someone
can prove their soil is low on phosphorus through testing or on newly established
13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone (763) 441-7420. Fax (763) 441-7425
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turf, which needs extra phosphorus. Testing is required to be done through the
University of Minnesota Extension Service. This section allows us to have the
users of fertilizer prove our point, that phosphorus is not needed.
Plymouth's ordinance requires a couple of important things that other ordinances
do not. If phosphorus is used, Plymouth restricts its use on frozen ground and
requires it to be watered into the soil. Both of these requirements are geared to
avoiding run-off from carrying the phosphorus to water bodies.
~ 1999 Amendment - In 1999, Plymouth amended its Lawn Fertilizer ordinance to
include homeowners as well as commercial applicators and noncommercial
applicators (parks departments, golf course grounds keepers, etc.). That
amendment is attached to this memo. This does not mean Plymouth is giving
tickets out to homeowners for the improper use of fertilizer, but it does put all
users of fertilizer on notice that it is improper and not necessary to use
phosphorus.
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Education/Advertising - Since mandatory compliance with a fertilizer ordinance
through enforcement is impractical (except for commercial applicators), it must be
combined with a strong education program to be effective. The ordinance adds emphasis
when saying phosphorus is not needed and is harmful. Newsletter articles educating the
public on the subject, newspaper ads identifying those businesses that care enough about
the environment to carry non-phosphorus fertilizer, and signs in stores that sale fertilizer
informing the public that phosphorus is illegal are some of the tactics used by Plymouth.
The Lake Orono Water Quality Task Force, with staffs help, is willing to take on the
education side of this issue.
Louise Watts on of the Ramsey/Washington Watershed District (651) 704-2089, is
another very valuable source of information. She is finalizing a list of the most asked
questions regarding fertilizer that will be an excellent educational tool when finished.
Ms. Wattson is also in the process of identifying groups and civic leaders to carry her
message. Groups like the Boy Scouts and horticultural societies. She believes that the
Extension Service is the right agency to coordinate this educational effort.
State Controls - Currently, a Legislative Task Force is considering the issue phosphorus
in fertilizer. It sounds likely that state rules on this subject will be developed. However,
due to the special interest groups on this task force and industry resistance, these rules
may be several years away. Staff recommends that the city does not wait for the state to
act. Jerry Spetzman, Department of Agriculture (651) 297-2200, is the point person for
this legislative task force.
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Stores Selling Fertilizer - An inventory of stores in Elk River that sale fertilizer is being
conducted. Those stores that have non-phosphorus fertilizer available need to be
identified and promoted for being environmentally minded. Certain national franchises,
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such as Menards, that buy in mass quantities claim it is too costly to provide specialized
fertilizer to meet regional needs. These store also need to be identified and pointed out to
the public. Cennex, a national franchise who provides fertilizer to coops, does provide a
phosphorus free fertilizer called "Clear Lake". Hardware Hank and Home Depot provide
low or phosphorus free fertilizer. Scott's "Four Step" program contains phosphorus and
they are reluctant to change. The Lake Orono Water Quality Task Force is willing to take
the lead on informing the public of the difference in the attitudes of these various stores.
Recommendation - Staff and the Lake Orono Water Quality Task Force recommend the
City of Elk River City proceeds with a fertilizer ordinance.
ORDINANCE NO. 95-
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AN ORDINANCE AMENDING CHAPTER X AND XI OF
THE PLYMOUTH CITY CODE CONCERNING
LAWN FERTILIZER APPLICATION CONTROL
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1.
provide:
CHAPTER XI of Plymouth City Code is amended by adding Section 1170 to
1170 - Lawn Fertilizer Application Control
1170.01. Purpose. The City has conducted studies and has reviewed existing data to determine the
current and projected water quality of various lakes within its community. The data indicates that lake water
quality may be maintained and improved if the City is able to regulate the amount of lawn fertilizer and other
chemicals entering the lakes as a result of storm water runoff or other causes. The purpose of this ordinance
is to define regulations which will aid the City in managing and protecting its water resources which are
enjoyed by its residents and other users.
1170.02.
Definitions. For the purpose of this section, certain terms and words are defined as follows:
. "Commercial Applicator" is a person who is engaged in the business of applying fertilizer for hire.
"Fertilizer" means a substance containing one or more recognized plant nutrients that is used for its
plant nutrient content and designed for use or claimed to have value in promoting plant growth.
Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime,
limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture.
"Noncommercial Applicator" is a person who applies fertilizer during the course of employment,
but who is not a commercial lawn Fertilizer applicator.
"Pesticide" means a substance or mixture of substances intended to prevent, destroy, repel, or
mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator,
defoliant or desiccant.
1170.03.
Regulations for Commercial Lawn Fertilizer Applicators.
Subd. 1. License Reauired. No person, firm, corporation or franchise shall engage in the
business of commercial lawn fertilizer applicator within the City unless a license has been obtained from the
City Manager or a designee as provided herein.
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Page 1 of6
Subd. 2. License ADDlication Procedure. Applicants for a commercial lawn fertilizer
applicator license shall be submitted to the City Manager or a designee. The application shall consist of the
following:
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(a)
Application Form. Applications forms shall be provided by the City and shall include the
following instructions:
(1) Name, address and telephone number of applicant and any individuals authorized to
represent the applicant.
(2) Description of lawn fertilizer formula proposed to be applied on lawns within the City.
(3) A time schedule for application of lawn fertilizer and identification of weather
conditions acceptable for lawn fertilizer application.
(b) Product Material Safety Data Sheet. A copy of Material Safety Data Sheet, including product
chemical analysis of the intended lawn fertilizer, shall be submitted to the City along with the
initial application for a license, and, thereafter, at least seven days before fertilizer
composition changes are implemented.
(c) Minnesota State Licenses. A copy of all licenses required of the applicant by the State of
Minnesota regarding the application of pesticides and fertilizers.
(d) License Fee. The license fee as established in Chapter 10 of the Plymouth City Code. The
license shall expire on the 31st day of December. The license fee shall not be prorated.
Subd. 3. Conditions of License. Commercial lawn fertilizer applicator licenses shall be issued
subject to the following conditions which shall be specified on the license form:
(a) Random Sampling. Commercial lawn fertilizer applicators shall permit the City to sample
any commercial lawn fertilizer applications to be applied within the City at any time after
issuance of the initial license.
(b) Possession of License. The commercial lawn fertilizer license, or a copy thereof shall be in
the possession of any party employed by the commercial lawn fertilizer applicator when
making lawn fertilizer applications within the City.
(c) Possession of Product Material Safety Data Sheet. A copy of product Material Data Safety
Sheet of the lawn fertilizer used shall be in the possession of any party employed by the
commercial lawn fertilizer applicator when making lawn fertilizer applications within the
City.
(d) State Regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer and
Soil Conditioner Law as contained in Minnesota Statutes Sections 17.711 through and
including 17.729 and amendments thereto. The licensee shall also comply with the provisions
of the Pesticide Control as contained in the Minnesota Statutes Chapter 18B.
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Phosphate Free Fertilizer Ordinances
City of Plymouth
1170.04.
General Regulations.
Subd. 1. Time of Auulication. Neither commercial applicators or noncommercial applicators
. may apply lawn fertilizer when the ground is frozen or when conditions exist which will promote or create
runoffs.
Subd. 2. Samule Analvsis Cost. The cost of analyzing fertilizer samples taken from
commercial applicators shall be paid by the commercial applicators if the sample analysis indicates that
phosphorus content exceeds the levels authorized herein.
Subd.3. Fertilizer Content. Neither a commercial applicator nor a noncommercial applicator
shall apply any lawn fertilizer, liquid or granular, within the City of Plymouth which contains any amount of
phosphorous or other compound containing phosphorous, such as phosphate, exceut:
(a) the naturally occurring phosphorous in unadulterated natural or organic fertilizing products
such as yard waste compost
(b) or as otherwise provided in Section 1170.05.
Subd.4. Imuervious Surfaces and Drainae:e Ways. No person shall apply fertilizer to
impervious surfaces, areas within drainage ditches, or waterways.
Subd. 5.
Buffer Zone. Fertilizers and pesticides shall not be applied:
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a)
to any established natural buffer zones as outlined in City Wetland Ordinance No. 95-2;
b)
below the Ordinary High Water lines as established by the Minnesota Department of Natural
Resources; or
with ten (10) feet of any wetland or water resource.
c)
Subd.6. Warnine: Sie:ns for Pesticide Auulication. All commercial or noncommercial lawn
fertilizer applicators who apply pesticides to turf areas must post or affix warning signs on the property
where the pesticides are applied. The warning signs shall comply with the following criteria and contain the
following information:
(a) The warning signs must project at least eighteen (18) inches above the top of the grass line.
The warning signs must be of a material that is rain resistant for at least a forty-eight (48)
hour period and must remain in place up to forty-eight (48) hours from the time of initial
application.
(b) The following information must be printed on the warning signs in contrasting colors and
capitalized letters measuring at least one-half inch (1/2"), or in another format approved by
the Minnesota Commissioner of Agriculture. The signs must provide the following
information:
(1) The name of the business, entity, or person applying the pesticide; and
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(2)
The following language: "This area chemically treated. Keep children and pets off
until (date of safe entry)" or a universally accepted symbol and text approved by the
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Phosphate Free Fertilizer Ordinances
City of Plymouth
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Minnesota Commissioner of Agriculture as recognized as having the same meaning or
intent as specified in this subparagraph. The warning signs may include the name of
the pesticide used.
The warning sign must be posted on a lawn or yard between two (2) feet and five (5) feet
from the sidewalk or street. For parks, golf courses, athletic fields, playgrounds, or other
similar recreational property, the warning signs must be posted immediately adjacent to areas
within the property where pesticides have been applied and at or near the entrances to the
property .
1170.05. Exemption to Phosphorous Requirement. The limitation pertaining to quantity of
phosphorous shall not apply to:
(c)
(a) newly established or developed turf and lawn areas during first growing season; or
(b) turf and lawn areas which soil tests confirm are below phosphorous levels established by the
University of Minnesota Extension Services. The lawn fertilizer application shall not contain
an amount of phosphorous exceeding the amount of phosphorous and the appropriate
application rate recommended in the soil test evaluation.
Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the
soil where it is immobilized and generally protected from loss by runoff.
At least 24 hours prior to applying lawn fertilizer that exceeds the phosphorus limits specified in this
Chapter, the City must receive notice from the commercial license applicator of the lawn fertilizer
. application, the reason for exceeding the phosphorous limitations provided in this Chapter and the amount of
phosphorous contained in the lawn fertilizer to be applied.
1170.06. Penaltv. Any person violating this Chapter shall be guilty of a petty misdemeanor. The City
may revoke a commercial applicator's license for repeat violations of this Chapter.
SECTION 2. CHAPTER X of Plymouth City Code is amended by adding Section 1010.01 subd. 7
to provide:
Subd.7. Commercial Lawn Fertilizer:
Applicator License
(a) $100.00, which includes the use of one vehicle
(b) $ 25.00 for each vehicle used in the application of Fertilizer in the City of Plymouth in
excess of first vehicle
SECTION 3. This ordinance shall be effective as of January 1, 1996.
ADOPTED by the City Council this
day of
,199_.
Joycelyn H. Tierney, Mayor
. ATTEST:
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Phosphate Free Fertilizer Ordinances
City of Plymouth
Laurie F. Ahrens, City Clerk
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CITY OF PL YMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 99-
AN ORDINANCE AMENDING CHAPTER XI OF
THE PLYMOUTH CITY CODE CONCERNING
LAWN FERTILIZER APPLICATION CONTROL
THE CITY OF PLYMOUTH ORDAINS:
SECTION I. Subdivision 3 of Section 1170.04 of the Plymouth City Code is amended to read as
follows:
Subd.3. Fertilizer Content. No person, firm, corporation, franchise, or commercial or
noncommercial applicator, including homeowners or renters, shall apply any lawn fertilizer, liquid or
granular, within the City of Plymouth which contains any amount of phosphorous or other compound
containing phosphorous, such as phosphate, except:
(a) the naturally occurring phosphorous in unadulterated natural or organic fertilizing products
such as yard waste compost;
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(b)
or as otherwise provided in Section 1170.05.
SECTION 2. Section 1170.05 of the Plymouth City Code is amended to read as follows:
1170.05.
ExemDtion and Notice Reauirement. The prohibition against use of fertilizer containing
any quantity of phosphorous under Section 1170.04 shall not apply to:
(a)
newly established or developed turf and lawn areas during first growing season; or
(b)
turf and lawn areas which soil tests confirm are below phosphorous levels established by the
University of Minnesota Extension Services. The lawn fertilIzer application shall not contain
an amount of phosphorous exceeding the amount of phosphorous and the appropriate
application rate recommended in the soil test evaluation.
Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered
into the soil where it is immobilized and generally protected from loss by runoff.
Any person, firm, corporation, franchise, or commercial or noncommercial applicator, including a
homeowner or renter, shall notify the City at least 24 hours prior to applying lawn fertilizer containing
. phosphorous of the reason for using fertilizer containing phosphorous and the amount of phosphorous
contained in the lawn fertilizer to be applied.
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Phosphate Free Fertilizer Ordinances
City of Plymouth
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SECTION 3. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this
ATTEST:
day of
, 1999.
Joycelyn H. Tierney, Mayor
Laurie F. Ahrens, City Clerk
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Phosphate Free Fertilizer Ordinances
City of Plymouth