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(%)

LAWN FERTILIZER USAGE Lagoon Pond: MEP(%)

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 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 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. This Approach has Received a Favorable Legal Review.

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 CriteriaNantucketMartha’s Vineyard Nitrogen Annual: < 3 lbs N/1000 Sq Ft Single App: <0.5lbs N/1000 Sq Ft 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 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 CriteriaIsland-WideExemptions Nitrogen Annual: <3 lbs N/1000 Sq Ft Single App: <0.5 lbs N/1000 Sq Ft 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 CriteriaIsland-WideBuffer Zone Nitrogen Annual: <3 lbs N/1000 Sq Ft Single App: <0.5 lbs N/1000 Sq Ft 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 Type of Fertilizer > 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

Draft Lawn Fertilizer “Applicator” Regulations Criteria Landscape Professional Homeowner Landscape Licensure Mandatory with required Half-Day Course and Written Demonstration of Proficiency; $xxx Fee; Effective for 3 Yrs. Mandatory for Buffer Zone, with Same Training, Proficiency, and Fees as Landscape Professional; Optional Outside Buffer Zone Enforcement Enforced by Board of Health with Increasing Fines per Violation; leading to License Suspension and/or Revocation 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 DateAmountType of Fertilizer May 15th 1 Pound of Nitrogen/1000 sq ft Polyon 75% Controlled Release Fertilizer June 1st 0.25 Pounds of Nitrogen/1000 sq ft Fast Release Fertilizer with Grub Control June 20th 0.75 Pounds of Nitrogen/1000 sq ft % Slow Release Organic September 1st 1 Pound of Nitrogen/1000 sq ft 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 22 nd : Finalize Draft Regulations December xx th : Hold One Island-Wide BoH Public Hearing January xx th : Each Town BoH Individually Holds 2 nd 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 1 st Open Hearing Date(s) of 2 nd Open Hearings Path to DCPC Nomination Outreach:Selectmen (Ron Rappaport) Pond Associations Town Committees

Martha’s Vineyard Island-Wide Lawn Fertilizer Initiative