6.1. SR 03-19-2001City of
MEMORANDUM
River
TO:
FROM:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING
ZONING ADMINISTRATOR ,~
DATE:
MARCH 19, 2001
SUBJECT:
REQUEST BY THE CITY OF ELK
RIVER FOR ORDINANCE
AMENDMENT REGARDING LAWN
FERTILIZER - CASE NO. OA 01-02
Attached is a copy of a proposed ordinance amendment that would allow the city to
regulate the application of lawn fertilizer. This ordinance is patterned after similar ones
from metro area cities. The ordinance is specifically aimed at reducing phosphorus in the
city's waterways. Typically, soils in this area have high levels of naturally occurring
phosphorus and, therefore, adding to it fertilizer is not necessary. The concern is that
phosphorus increases the intensity and duration of algae bloom in Lake Orono. The
proposed ban is citywide because run-off from most of the city ends up in the lake.
The ordinance will be used as a teaching tool, in as much as it is probably unenforceable
on individual property owners. The message carries more weight if it includes that not
only is phosphorus unnecessary, but it is also illegal to use. The Lake Orono Water
Quality Task Force will use the proposed ordinance in combination with other
educational efforts to reduce the unnecessary application of phosphorus. Some examples
of these efforts include: news articles in the city's Current, demonstration sites and
signage in stores where fertilizer is sold. The city can make it illegal to use phosphorus,
but prohibiting the sale of it runs into problems with interstate commerce laws.
If passed, commercial applicators will be required to get a city license. When they get a
license, they will be informed of the ban on phosphorus. Fertilizer containing phosphorus
will still be allowed on newly established turf or if testing specifically indicates
phosphorus is needed. Attached is a resolution establishing a license fee for commercial
fertilizer applicators. Staff is recommending that the fee for this license be forty-five
dollars ($45).
Members of the Lake Orono Water Quality Task Force will be at the Council meeting to
further address this issue.
6.1
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425
ORDINANCE 2001 -
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE ADDING SECTION 606 TO THE CITY OF ELK RIVER CODE OF
ORDINANCES ENTITLED LAWN FERTILIZER APPLICATION CONTROL
SECTION 1. That the City of Elk River Code of Ordinances shall be
amended by adding Section 606 to provide:
606 - Lawn Fertilizer Application Control
606.00 Purpose. The City has conducted studies and has
reviewed existing data to determine the current and projected
water quality of Lake Orono and its tributary waterways. The
data indicates that lake water quality may be maintained and
improved if the City is able to regulate the amount of phosphorus
and other chemicals from fertilizer entering the lake 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.
606.02 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.
606.04 Regulations for Commercial Lawn Fertilizer A~licators.
1. License Required. 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 Building and Zoning Administrator or
a designee as provided herein.
2. License A~lication Procedure. Applicants for a
commercial lawn fertilizer applicator license shall be
submitted to the Building and Zoning Administrator or a
designee. The application shall consist of the following:
A. Application Form. Applications forms shall be
provided by the City and shall include the following
instructions:
i. Name, address and telephone number of
applicant and any Individuals authorized to
represent the applicant.
ii. Description of lawn fertilizer formula
proposed to be applied on lawns within the City.
iii. 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 amount shall be set
by the resolution of the City Council from time to
time. The license shall expire on the 31st day of
December. The license fee shall not be prorated.
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.
606.06 General Regulations.
1. Time of Application. Neither commercial applicators
nor noncommercial applicators may apply lawn fertilizer
when the ground is frozen or when conditions exist which
will promote or create runoffs.
2. Sample Analysis 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.
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 Elk
River, which contains any amount of phosphorus, such as
phosphate, except:
A. the naturally occurring phosphorous in
unadulterated natural or organic fertilizing products
such as yard waste compost;
B. or as otherwise provided in Section 606.06 (7).
4. Impervious Surfaces and Drainage Ways. No person shall
apply fertilizer to impervious surfaces, areas within
drainage ditches, or waterways.
5. Buffer Zone. Fertilizers and pesticides shall not be
applied:
A. to any established natural buffer zones;
B. below the Ordinary High Water lines as
established by the Minnesota Department of Natural
Resources; or
C. within ten (10) feet of any wetland or water
resource.
6. Warning Signs for Pesticide Application. Ail
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:
i. The name of the business, entity, or person
applying the pesticide; and
ii. 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
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.
C. 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.
7. Exemption to Phosphorous Requirement. The
prohibition against the use of fertilizer containing any
quantity of phosphorus under section 606.06 (3) 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, fran'chise or commercial
or noncommercial applicator, including a homeowner or
renter shall notify the city at least 24 hours prior
to applying lawn fertilizer containing phosphorus of
the reason for using fertilizer containing phosphorus
and the amount of phosphorus contained in the lawn
fertilizer to be applied.
606.08 Penalty. 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. That this Section shall take effect upon its adoption
and publication as provided by law.
Passed and Adopted by the Elk River City Council this
day of , 200_.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
RESOLUTION 0l-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING FEE FOR COMMERCIAL LAWN FERTILIZER
APPLICATOR LICENSE FOR 2001
WHEREAS, fees for this and other services are reviewed annually to ensure
that they are sufficient to cover the services rendered; and,
WHEREAS, the Council has reviewed the proposed fee for Commercial
Lawn Fertilizer Applicator License; and,
WHEREAS, $ reflects the cost to administer Commercial Lawn
Fertilizer Applicator Licenses by the City of Elk River in the
year 2001.
NOW, THEREFORE, BE IT RESOLVED, that $ for Commercial Lawn
Fertilizer Applicator License is effective for the year 2001.
Passed and adopted by the City Council of the City of Elk River this 19th day of
March, 2001.
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128 · www. ci.shorewood.mn.us · cityhall @ci.shorewood.mn.us
March 16, 2001
City of Elk River
Attn: Mayor Stephanie Klinzing
13065 Orono Parkway
Elk River, MN 55330-0490
Re: Request for Support of Legislation to Restrict Sale of Phosphorus Lawn Fertilizers
Dear Mayor Klinzing:
This letter is offered in my capacity as the Mayor of the City of Shorewood requesting your support for
legislation this session restricting the use and sale of phosphorus lawn fertilizers throughout the State.
Shorewood is working in concert with many cities, the Mnmesota Association of Watershed Districts, the
Minnehaha Creek Watershed District, and counties and agencies in supporting statewide limitations on
the use and sale of phosphorus lawn fertilizers.
I have enclosed a draft form of resolution I request you submit to your council for approval and return to
me at the City of Shorewood at your earliest convenience. I have also enclosed a summary of points to
consider in discussing this issue locally. I would be more than happy to meet with yOu or your city
council to discuss this request in greater detail.
This legislative initiative is underway and a timely expression of your support will greatly enhance the
likelihood of success.
Additionally, a call or e-mail to your legislative delegation in support of this effort would be appreciated.
Should you have any questions, please feel free to contact the Shorewood City Administrator, Craig
Dawson, at (952) 474-3236 or me at (952) 470-2552.
Sincerely,
Wo~d~vo ve, Mayor
CITY OF SHOREWOOD
osure '; '
::ODMA~PCDOCS\LIB 1\660613\1
PRINTED ON RECYCLED PAPER
CITY OF
RESOLUTION NO.
A RESOLUTION RELATING TO RESTRICTIONS ON THE USE
AND SALE OF PHOSPHORUS LAWN FERTILIZERS
WHEREAS, the City of
is tributary to significant fresh water resources; and
WHEREAS, there has long been established a well-documented relationship between the use of
phosphorus lawn fertilizers and the degradation of water quality; and
WHEREAS, as a matter of policy, the City of
lawn fertilizers; and
desires to reduce the use of phosphorus
WHEREAS, subject to unique circumstances, regional soil conditions have an abundance of natural
phosphorus; and
WHEREAS, industry leading fertilizer manufacturers and retailers have failed to produce and market
low phosphorus lawn fertilizers to the public; and
WHEREAS, over two decades of public education has had minimal effect when in competition with
corporate advertising and their refusal to formulate to local needs; and
WHEREAS, the City of
phosphorus lawn fertilizers; and
finds it important to encourage the reduction in the use of
NOW, THEREFORE, BE IT RESOLVED that the City Council of declares its
commitment to phosphorus lawn fertilizer reduction by encouraging the adoption of legislation restricting the
use and sale of phosphorus lawn fertilizers.
BE IT FURTHER RESOLVED, such legislation should require that displays of such fertilizer must
be clearly marked as containing phosphorus, and must be separated from the display of other fertilizers, and
that for each sale of such fertilizer the seller must provide the buyer with a copy of the appropriate printed
consumer information.
BE IT FURTHER RESOLVED, the City of does request and encourage its state
legislative delegation to consider and enact legislation to regulate and limit the use and sale of phosphorus
lawn fertilizers.
ADOPTED by the City Council of
this __ day of ,2001.'
ATTEST:
.,Mayor
., Administrator
::ODMAh°CDOCS\LIB 1 \644635\1
PHOSPHORUS LAWN FERTILIZER LEGISLATION
POINTS TO CONSIDER
Approximately 80% of lawns in our region have naturally very high levels of phosphorus.
Over 75% of homeowners fertilize their lawns with phosphorus two or more times each
year.
Phosphorus is the nutrient which limits algae growth in lakes. One pound of phosphorus
will grow 300 - 500 pounds in algae blooms.
Phosphates were removed from soaps and detergents almost 30 years ago based upon
adverse impacts on water quality.
On average, it costs $375 to remove one pound of phosphorus from runoff water.
Proposed restrictions are limited to lawn fertilizers - not agricultural or gardening uses.
Proposed legislation has reasonable exceptions for establishment of new turf and
demonstrated low phosphorus soils.
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