why sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

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Greater Sudbury Watershed Alliance The Greater Sudbury Watershed Alliance (GSWA) is a grassroots partnership of lake, river and creek stewardship committees. Many of our concerns are the same concerns of the Lakes Advisory Panel. Together we can improve lake water quality. Greater Sudbury Watershed Allian

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Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

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Page 1: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Greater Sudbury Watershed Alliance

The Greater Sudbury Watershed Alliance (GSWA) is a grassroots partnership of lake, river and creek stewardship committees.Many of our concerns are the same concerns of the Lakes Advisory Panel. Together we can improve lake water quality.

Greater Sudbury Watershed Alliance

Page 2: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Our Members

Black Lake Stewardship CommitteeCitizens for the Preservation of Nepahwin/Lily Creek Wetlands Fairbank Lake Camp Owners' Association Inc.Junction Creek Stewardship CommitteeLong Lake Stewardship CommitteeFriends of McFarlane Lake Minnow Lake Restoration Group/CANNepahwin Lake Stewardship Committee Ramsey Lake Stewardship CommitteeRichard Lake Stewardship CommitteeSimon Lake Community Stewardship GroupSt. Charles Lake Watershed Stewardship AssociationSudbury Game & Fish Protective Association Valley East Ratepayer's AssociationVermillion River Stewardship CommitteeWhitewater Lake Stewardship Committee/Azilda CANCoalition for a Liveable Sudbury

Page 3: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

The Alliance has been asked to make a presentation to Policy Committee by

many Councillors

Request a municipal bylaw to restrict the use of lawn fertilizers that contain phosphorus

Would like the support of the Lakes Advisory Panel since we both have a common goal of phosphorus reduction in the watershed.

Page 4: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Blue-green algae (cyanobacteria) blooms have been detected in:

Ramsey Lake; 2008, 2010 A drinking water source for over 60,000 people.

Long, McFarlane, Windy, Clear, Grant, Nepewassi, Ice, and Wolsey lakes, in the west arm of Lake Nipissing and in the French River. These lakes are drinking water sources for thousands of people.

Is there a problem in Sudbury?

Ramsey Lake in bloom, 2010

Page 5: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

The Danger from Blue-Green Algae Blooms

Blue-green algae produces microcystin toxin that can make you sick.

damage liver cells when ingested. children are at greater risk than

adults of developing serious liver damage should they ingest high levels of microcystins.

animals have died after drinking water contaminated with blue-green algae.

Water from Ramsey Lake, 2010

Page 6: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

How else can blue-green algae affect us?

Page 7: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Drinking water treatment plants can get clogged by

algae.

Canadian Forces Base Gagetown engineers noticed a reduction in the quantity of water being produced at the New Brunswick base’s water treatment plant.

They believed blue-green algae in the Saint John River was obstructing sand filters at the treatment facility.

August 20, 2010

Page 8: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Phosphorus is the Limiting Nutrient for Algae Growth

• Phosphorus reduces water quality. • Research has shown 1 pound of phosphorus can grow

700 pounds of blue-green algae. Beeton, A.M. 1971. Eutrophication of the St. Lawrence Great Lakes. In: Man's Impact on Environment, T.R. Detwyler (ed.),     McGraw-Hill Book Co., New York, pp. 233-245.

Page 9: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Other Effects of Phosphorus

Green algae -foul odors and can prevent swimming, fishing, boating, -exists in Simon, McCharles and Mud lakes.

Feeds aquatic plants like the invasive species Eurasian water milfoil - boating and swimming difficult in many Sudbury lakes.

Lower dissolved oxygen levels which kills fish.

Page 10: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Costly to remove P at the WWTP

WWTPs must remove a certain amount of phosphorus from their liquid waste before releasing it into a lake or river.

Removing phosphorus at a WWTP costs approximately $1-$20 per pound.

By reducing levels of phosphorus entering WWTPs, communities can save money for its removal.

Page 11: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Sources of phosphorus

Fertilizer, leaves, grass, animal waste, soil from stormwater/shorelines

Poorly maintained septic systems WWTP Agriculture Atmosphere

Page 12: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

One easy, cost-effective way to reduce the amount of phosphorus reaching our

waterways

Restrict the use of fertilizers with phosphorus

Page 13: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

States and Provinces with Bylaws Restricting Phosphorus

Minnesota, Maine, New York State, Florida, Illinois, Maryland, Wisconsin, Washington State and New Jersey all have bylaws, which ban the use of lawn fertilizers with phosphorus. Theses laws affect approximately 60 million people.

Page 14: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Manitoba Has a Bylaw Too

In Manitoba, no fertilizers - not even low and zero phosphorus products – are permitted along waterways such as rivers, lakes, streams, wetlands and retention ponds. In these areas, defined setbacks must be observed: at least 30 metres along vulnerable lakes,

such as Lake Winnipeg and Killarney Lake at least 15 metres along all other lakes and

vulnerable rivers, such as the Red and Assiniboine rivers

at least 3 metres along all other waterways if away from waterways, lawn fertilizer must

not have more than 1% phosphorus Lake Winnipeg

Page 15: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

The Bylaws are Working to Reduce Phosphorus Levels in Waterways

A research paper, published on Aug. 14, 2009, shows that phosphorus levels in the Huron River dropped an average of 28% after Ann Arbor, Michigan adopted a fertilizer bylaw in 2006.

Reduced river phosphorus following implementation of a lawn fertilizer ordinance

John T. Lehman; Douglas W. Bell; Kahli E. McDonald Lake and Reservoir Management, 1040-2381, Volume 25, Issue 3, 2009, Pages 307 – 312

Page 16: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Adequate Phosphorus in Soil

A survey (1979) summarizing nearly 20,000 soil samples showed that 70 – 80% of home lawns in the cities of Minneapolis and Saint Paul have soil P levels in the high to very high range.

Average phosphorus was 44 parts per million. Compare to University of Minnesota recommendation of no additional P needed above 25 ppm

What happens if you add more phosphorus than your lawn needs?

Page 17: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

http://www.lakeaccess.org/lakedata/lawnfertilizer/recentresults.htm (Minnesota)

Page 18: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Excess phosphorus from fertilizers runs off lawns

Study of three types of lawns. Median dissolved phosphorus concentrations in runoff: Regular fertilizer 0.77 mg/LUnfertilized 0.38 mg/LNon-phosphorus 0.33mg/L fertilizerAuthor: Herbert S. Garn, U.S. Geological Survey Water-Resources Investigations Report 02–4130, July 2002

Page 19: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Why do We Need a Bylaw? Isn’t Education Enough?

Studies show education achieves only 30% compliance.

Must be repeated yearly. Is that good enough to protect our

drinking water, health of the lakes and fish, recreational uses, image of our city?

Page 20: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Are these laws enforceable and do they work to reduce phosphorus

use?

• Bylaw’s real value is in raising people’s awareness about phosphorus and making phosphorus-free lawn fertilizer widely available.

• In that regard, the law has been successful in the U.S. People are more aware of the connection between phosphorus runoff and green lakes.

• After 2 years, Minnesota’s law reduced phosphorus fertilizer use by 82% and 97% of consumers support the law.

Page 21: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

What would a bylaw adopted by Council include?

The application of lawn fertilizers with phosphorus would be prohibited. If a soil test demonstrates phosphorus is needed, consumers could purchase and use lawn fertilizer with phosphorus.

Other exemptions allow application of phosphorus fertilizer when establishing a new lawn or laying sod since phosphorus is a nutrient which helps plants establish roots.

A bylaw would not affect vegetable gardens, flower beds, tree planting, nurseries, sod growers nor golf courses.

Page 22: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

No problem for business

Businesses contacted who are currently living with a bylaw and have not experienced problems:

Canadian Tire – Winnipeg, ManitobaWeedMan – Winnipeg, Manitoba. WeedMan – Ann Arbor, Michigan. Home Hardware - Selkirk, Manitoba. Home Depot and Ace Hardware Stores - Minneapolis, Minnesota Lyell Crest True Value Hardware – Rochester, N.Y.  

Page 23: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Protecting all lakes in the City of Lakes

The Source Protection Committee can only protect municipal drinking water sources from significant drinking water threats. The City can help protect all our lakes with a bylaw.

Page 24: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Can a municipality pass a bylaw?

Oakville council enacted a bylaw that bans the use of cosmetic pesticides in Oakville. The bylaw took effect January 1 2008 before the province passed a similar bylaw.

Canada's Supreme Court: Precautionary Principle The number of pesticide bans in Canadian municipalities has grown since June 28, 2001 when the Supreme Court of Canada dismissed a challenge by two large lawn care companies, Chemlawn and Spraytech, against the Town of Hudson, Quebec. In a unanimous judgment, Justice Claire L’Heureux-Dube wrote for the court, “It is reasonable to conclude that the town bylaw’s purpose is to minimize the use of allegedly harmful pesticides in order to promote the health of its inhabitants." She also stated, “Permitting the town to regulate pesticide use is consistent with international law’s ‘precautionary principle,’ which states it is better to be overly cautious than to create a potential risk to the environment.” The judges noted that Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Northwest Territories, and Yukon all have similar provisions enabling their municipalities to make such bylaws.

Page 25: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

City of Lakes

We are the stewards of these lakes and rivers and are entrusted to protect them for our children and their children. We should use the precautionary principle which states it is better to be overly cautious than to create a potential risk to the environment.

Joshua and Noah on Moonlight Beach

Page 26: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

City of Lakes

The GSWA asks the Lakes Advisory Panel to add their name to the list of those supporting a bylaw to restrict the use of fertilizers with phosphorus as part of a low cost city-wide phosphorus reduction strategy.

Thank you.

Greater Sudbury Watershed Alliance

Page 27: Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

Questions?