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1j Phosphorus Free FertilizerMEMORANDUM CITYOF 7700 Market Boulevard PO Box 147 Chanhassen. MN 55317 Adrninislraliun Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone,: 952.227.1160 Fax: 952.227.1I 70 Finance Phone: 952.227.1140 az,: ~32.221.1110 Park & Recreation Phone: 952.227.i ]20 Fax: 952.227.11 !0 Recreation Center 23i0 Coulter Boulevard Phone: 952.227.i400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fa~,:: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fa>:: 952.227.!110 Web Site v,v,;,,'.ci chanhassen.mn.us To: Todd Gerhardt, City Manager From: Lori Haak, Water Resources Coordinator,S/ Date: July 16, 2002 Re: Ordinance Regulating the Sale of Phosphorus-Free Fertilizer PURPOSE New state legislation regulates the use of turf fertilizers, but not its sale. If a local ordinance regulating the sale of turf fertilizers is not in place by August 1, 2002, the sale of turf fertilizers containing phosphorus will not be regulated in the City of Chanhassen. The following report is a summary of the issue and a proposed ordinance. BACKGROUND Most lawn fertilizers contain three primary nutrients utilized by plants: nitrogen (N), phosphorus (P) and potassium. (K). If the phosphorus applied to lawns is not used by plants or does not adhere to the soil, it is washed away and can flow overland into ponds, creeks, wetlands and lakes. Sometimes fertilizer is spilled onto driveways, sidewalks and roadways and swept away by rain into storm sewers. Some people also dispose of fertilizer by pouring it into storm sewers. Phosphorus is the favorite nutrient of algae and duckweed. When excess phosphorus enters a water body, the algae and duckweed in that water body grow very quickly. As algae and duckweed die, the plant material decomposes. The decaying plant material emits a foul odor and decomposition uses dissolved oxygen from the water. Low dissolved oxygen levels can kill off desirable game fish, leaving only rough fish that are able to survive in low oxygen environments. Most of the soils in Chanhassen are naturally high in phosphorus, so most lawns do not need fertilizer with phosphorus to stay healthy and green. Many Chanhassen residents do not know this, so they apply a fertilizer with Fhe City of Chanhassen, A growing community with clean lakes, quality schools, a charming downtown, thriving businesses winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt July 16, 2002 Page 2 of 2 phosphorus at least once a year. Many people also fall victim to the "more is better" theory of lawn care. This leads them to apply more fertilizer than necessary in hopes of attaining a beautiful lawn. WHY IS PHOSPHORUS A PROBLEM? High phosphorus levels are a concern for the City for several reasons: io Large algae and duckweed blooms can be indicators of water bodies that are in poor health. Chanhassen has a long history of clean lakes. Protecting and improving water quality will enrich Chanhassen's biological, social and economic environments. . People who live near Chanhassen's water bodies have expectations of how the water body will look and smell (or not smell). City staff receives many calls each year about the aesthetics of ponds, creeks, wetlands and lakes. Few "quick fix" solutions are available. If the City commits to addressing high phosphorus levels on a citywide level, both citizens and staff would benefit. o High phosphorus levels lead to more algae. As the algae decompose, they leave material in outlet structures and ponds, which results in decreased storm water pond capacity. Since storm water ponds need a certain capacity to fulfill their water quality and quantity functions, the City must make sure the ponds can handle that capacity. With more material in the ponds, the City must maintain ponds frequently. Frequent pond maintenance represents a significant cost to the City. LEGISLATION In April 2002, the Minnesota Legislature passed a statute regulating fertilizers containing phosphorus. This statute bans the use of phosphorus fertilizers within the seven-county metropolitan area except in specific instances. In the rest of the state, it restricts fertilizer use to low-phosphorus types (3% phosphate by weight). These restrictions go into effect on January 1, 2004 and preempt any existing local ordinances. Attached is a copy of the new state fertilizer law (Chapter 345-S.F. No. 1555). The law reserves the state's right to regulate the sale of lawn fertilizers, but does not do so. The City will only have the ability to regulate the sale of lawn fertilizers if a local ordinance is in effect on August 1, 2002. RECOMMENDATION A local ordinance regulating the use of fertilizers with phosphorus is unnecessary since the new state law will address that need. The law allows local governments to regulate Todd Gerhardt July 16, 2002 Page 3 of 3 the sale of turf fertilizers if such regulations are in place on August 1, 2002. The adoption of an ordinance to regulate the sale of lawn fertilizers would be beneficial since the new state law does not specifically address the sale of fertilizers. Staff recommends the City Council approve the following motion: "Chapter 10 of the Chanhassen City Code shall be amended by adding Article VII to read: Article Vii. Sale and Display of Lawn Fertilizers Sec. 10-200. Sale and display of lawn fertilizer. No person, firm, corporation, franchise, or commercial establishment shall sell or display for sale any lawn fertilizer, liquid or granular, within the City of Chanhassen that contains any amount of phosphorus or other compound containing phosphorus, such as phosphate, unless: (1) Phosphorus-free fertilizer is also available for sale. (2) Phosphorus-flee fertilizer and fertilizer with phosphorus are separately displayed with each display being clearly marked as to whether or not the fertilizer contains phosphorus. (3) Displays of phosphorus-free fertilizer are of equal or greater size and prominence." ATTACHMENTS 1. Minnesota Fertilizer Law (Chapter 345-S.F. No. 1555) New Minnesota Fertilizer Legislation CHAPTER 345-S.F.No. 1555 An act relating to agriculture; providing a preemption of local regulation of phosphorous fertilizers; regulating the use on turf of certain fertilizers containing phosphorus; providing for enforcement; prohibiting fertilizer applications to an impervious surface; requiring a report; amending Minnesota Statutes 2000, sections 18C.005, by adding a subdivision; 18C.211, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 18C. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2000, section 18C.005, is amended by adding a subdivision to read: Subd. 18a. [LOCAL UNIT OF GOVERNMENT.] "Local unit of government" has the meaning given in section 18B.01, subdivision 14a. Sec. 2. [18C.1t0] [PREEMPTION OF LOCAL LAW.] (a) Except as specifically provided in this chapter, a local unit of government may not adopt or enforce any ordinance that prohibits or regulates, and may not in any other way prohibit or regulate, the distribution, sale, handlingj use, or application of phosphorous fertilizers and phosphorous fertilizer products that are applied or will be applied to land used for growing crops or any other agricultural use. (b) Except as specifically provided in this chapter, a local unit of government may not adopt or enforce any ordinance that prohibits or regulates the registration, labeling, distribution, sale, handling, use, application, or disposal of turf fertilizer containing phosphorus. (c) This section does not prohibit a local ordinance that restricts the sale of turf phosphorous fertilizer that was in effect on August 1, 2002. (d) This section does not preempt local authority or responsibility for zoning, fire codes, or hazardous waste disposal. (e) Paragraphs (a) and (d) are effective the day following final enactment. Paragraphs (b) and (c) are effective January 1, 2004. Sec. 3. Minnesota Statutes 2000, section 18C.211, subdivision 2, is amended to read: Subd. 2. [GUARANTEES OF THE NUTRIENTS.] (a) A person may guarantee plant nutrients other than nitrogen, phosphorus, and potassium only if allowed or required by commissioner's rule. (b) The guarantees for the plant nutrients must be expressed in the elemental form. (c) The sources of other elements, oxides, salt, and chelates, may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. (d) If plant nutrients or other substances or compounds are guaranteed, the plant nutrients are subject to inspection and analyses in accord with the methods and rules prescribed by the commissioner. (e) The commissioner may, by rule, require the potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton. (f) The plant nutrients in a specialty fertilizer must not be below or exceed the guaranteed analysis by more than the investigational allowances established by rule. Sec. 4. [18C.60] [PHOSPHOROUS TURF FERTILIZER USE RESTRICTIONS.] Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section. (b) "Metropolitan county" means any one of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington. (c) "Turf" means noncrop land planted in closely mowed, managed grasses including, but not limited to, residential and commercial residential property, private golf courses, and property owned by federal, state, or local units of government, including parks, recreation areas, and public golf courses. Turf does not mean pasture, hayland, hay, turf grown on turf farms, or any other form of agricultural production. Subd. 2. [PHOSPHORUS USE RESTRICTIONS.] (a) A person may not apply a fertilizer containing the plant nutrient phosphorus to turf in a metropolitan county, except under conditions listed in paragraph (d). (b) A person may not apply granular fertilizer containing greater than three percent phosphate (P205) by weight, or liquid fertilizer at a rate greater than 0.3 pound phosphate (P205) per 1,000 square feet, to turf in a county other than a metropolitan county, except under conditions listed in paragraph (d). (c) A local unit of government in a county other than a metropolitan county may adopt paragraph (a) in place of paragraph (b). The local unit of government must notify the commissioner of the adoption of paragraph (a) within 30 days of its adoption. The commissioner shall maintain a list of local units of government in counties other than a metropolitan county that have adopted paragraph (a). (d) Paragraphs (a) and (b) do not apply when: (1) a tissue, soil, or other test by a laboratory or method approved by the commissioner and performed within the last three years indicates that the levels of available phosphorus in the soil is insufficient to support healthy turf growth; (2) the property owner or an agent of the property owner is first establishing turf via seed or sod procedures, and only during the first growing season; or (3) the fertilizer containing the plant food phosphorus is used on a golf course under the direction of a person licensed, certified, or approved by an organization with an ongoing training program approved by the commissioner. (e) Applications of phosphorous fertilizer authorized under paragraph (d), clause (1) or (2), must not exceed rates recommended by the University of Minnesota and approved by'the commissioner. Subd. 3. [CONSUMER INFORMATION.] The commissioner, in consultation with the University of Minnesota extension service, fertilizer industry representatives, lakes groups, and other interested or affected parties, must produce consumer information on use restrictions and recommended best practices for lawn fertilizer containing phosphorus, and on best management practices for other residential sources of phosphorus in the urban landscape. The information must be in a format and of a content suitable for posting and distribution at retail points of sale of fertilizer that contains phosphorus and is for use on turf. Subd. 4. [RESEARCH EVALUATION; REPORT.] The commissioner, in cooperation with the University of Minnesota and the University of Minnesota extension service, and, after consultation with representatives of the fertilizer industry, lakes groups, and other interested or affected parties, shall evaluate research needs and encourage targeted research opportunities to investigate the effects of phosphorous fertilization of turf on urban stormwater quality. The commissioner must evaluate the effectiveness of the restrictions on phosphorous fertilizers under this section and report to the legislature by January 15, 2007. Sec. 5. [18C.61] [FERTILIZER APPLICATION TO AN IMPERVIOUS SURFACE; PROHIBITION.] (a) A person may not apply a fertilizer to an impervious surface. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (b) For the purposes of this section, "impervious surface" means a highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil. Sec. 6. [18C.62] [ENFORCEMENT.] Sections 18C.60 and 18C.61 are enforced by local units of government under their existing authority. Violation of a provision in either of these sections is a petty misdemeanor. Sec. 7. [EFFECTIVE DATE.] Section 4 is effective January 1, 2004. Presented to the governor April 18, 2002 Signed by the governor April 19, 2002, 9:45 a.m.