Model Nitrogen Fertilizer Ordinance

A Step Toward Sustainability Willie deCamp & Michael Borgatti

Save Barnegat Bay

906-B Grand Central Ave.,

Lavallette, NJ, 08730

730.830.3600

848.459.6436

NJDEP Fertilizer Work Group

Trenton, NJ.

October 28, 2008

Dispelling Misconceptions

SBB ordinance does NOT ban all nitrogen Impractical, unnecessary, non-scientific

Fertilizer is a significant, but not the primary, source of N in Barnegat Bay.

Multi–pronged solutions are vital.

SBB ordinance will not end eutrophication. But it will greatly reduce total N.

Fertilizer & landscapers are not “bad”!

In fact:

Basic Requirements

Eliminates products with greater than 30% total N

Emphasizes high percentages of slow release nitrogen (at least 40% of the N)

Only allows sale of those products allowed for use

No application outside the USDA growing season. (Nov. 15 to March 1)

Other Elements

Exempts Golf Courses and Farms

Recommends soil testing

Recommends no more than four applications per year

Advantages of a two-tiered application model

If you use more slow release, you are allowed more N

Accommodates professionals & homeowners who feel their lawns benefit from more N

Makes many organic fertilizers eligible

Practicality & Enforceability

Simplicity: The only products available for sale are those permitted for

use.

No “fertilizer police”. Enforcement upon homeowner would arise only in the

context of out-of-season application or application on hard surfaces or during rain.

Registration of Landscapers Landscapers know certification could be revoked.

Standing on solid legal ground

1 - County Environmental Health Act (CEHA) allows nitrogen to be regulated by the County as a contaminant.

2 - Under NJ law an ordinance will be upheld if the science is “reasonably debatable”.

3 - Similar to laws in NY, FL, and MN that have been upheld.

4 – Does not violate restraint of trade or interstate commerce protections

Developing Conservative Estimates: Key Steps

1. SBB reviewed the relevant scientific literature, including

Ayers et al 2001; Hunchak-Kariouk and Nicholson 2001; Castro et al. 2003; Guillard and Kopp 2004; Kennish et al. 2007; Muholland et al. 2007.

2. SBB examined existing legislation Florida, New York, Michigan, Wisconsin, New Jersey.

3. Interpreting Industry data Scotts, U.S.D.A., U.S. Census.

Step 1: Examine the Science “23-34% of ground-water

sample[s]…were above the EPA recommended .71 mg/l N criteria for rivers and streams.” (Weiben, 2007)

“Human activities associated with urban and agricultural land uses are the principle factors adversely affecting aquatic health throughout New Jersey” (Ayers et al. 2000)

M. Serfes, NJDEP, NJGS. NJ Water Monitoring Council Meeting September 6, 2007.

Step 2: Look at the Law

SBB(County)

Florida (State)

Suffolk,NY(County)

Controls Point of Sale ? Yes No* No

Addresses Residential

Lawns ?Yes Yes No

Consistent throughout

Jurisdiction ?Yes No Yes

* Controls product labeling specifically

Application Scenario Total lbs. N app/yr. (% of total sold in state)

50% Minimum Compliance

(2.5 lb N/1000 sq ft)

1,867,220 (4.1)

100% 1 lb. N/1000 sq. ft 1,493,776 (3.3)

50% 1 lb. N/1000 sq. ft 746,888 (1.6)

Average 1,369,295 (3.0)

Step 3: Analyze industry and USDA data

A

B

C

16.8% 1.7% 9.3%

313,693 31,742 172,718

250,954 25,394 138,174

125,477 12,697 69,087

230,042

33,330 126,660

Step 3: Continued

Application Stats

50% Minimum Comp. (2.5 lb N/1000 sq ft)

100% 1 lb. N/1000 sq. ft

50% 1 lb. N/1000 sq. ft

Avgerage

Leaching Rates Guillard & Kopp 2004

Thank you.

We would enjoy speaking with any of you further.

Michael Borgatti 848-459-6436

michael.borgatti@gmail.com

Willie deCamp 732-830-3600

wmdecamp@yahoo.com

Step 2: Look at the law

Florida adopted the most comprehensive fertilizer law in the nation

Florida strengths Strong scientific backing Statewide Stakeholder cooperation

Florida weaknesses Nearly impossible to enforce Very hard for the homeowner

to understand and comply with Allows 100% water soluble N

SBB’s ordinance is an improvement on Florida

Stronger scientific backing Easy to enforce.

Point of sale requirements Uniform everywhere

Simple for homeowner Requires “slow release”, but

allows significant fast acting Seasonal restrictions are

supported by NJ Model Fertilizer ordinance & science (Guillard)