[HISTORY: Adopted by the Rockland County Legislature 11-5-2009 by L.L. No.
7-2009. Amendments noted where applicable.]
This chapter shall be known as "The Lawn Fertilizer Regulation
Act of 2009."
A.
Increased eutrophication and hypoxia from nutrient pollution, specifically
nitrogen and phosphorous, is a primary water quality problem facing
Rockland County. Eutrophication, a process that takes place when excess
nutrients enter water bodies and overstimulate the growth of algae,
results in an algae bloom. This algae bloom blocks sunlight from penetrating
the water, thereby reducing the growth of plants that provide vital
underwater food and shelter. In turn, the animals that depend on those
plants either emigrate or die. In addition, when the algae decompose,
much of the available oxygen in the water is consumed, resulting in
drastically lowered levels of dissolved oxygen in the water. Hypoxia
occurs where the level of dissolved oxygen has been reduced to such
a degree that fish and other aquatic life are deprived of life-sustaining
oxygen. Hypoxia severely impairs ecosystems and water bodies, resulting
in unpleasant taste and odor, discoloration, the presence of toxins
and increased turbidity.
B.
While some nutrients in the County's waterways occur naturally,
most sources of nutrients are associated with human activity, and
can be classified as either point or non-point sources. "Point sources"
are those that are discharged from a single point, such as wastewater
treatment plants, while "non-point sources" are more diffuse and originate
from land use activities.
C.
A key non-point source of both nitrogen and phosphorous introduced
into the environment by human activity is the many pounds of lawn
fertilizer applied by commercial property owners to their properties
(such as golf courses) and homeowners to their lawns each year in
the County of Rockland. While lawn fertilizer, which normally contains
a mix of nutrients including nitrogen, phosphorous and potassium,
has long been viewed as anfessential element in keeping lawns green
and healthy, it is completely overutilized. Phosphorous-based lawn
fertilizer should only be added when soil analysis identifies phosphorous
deficiencies in the soil. When phosphorous-based fertilizer is applied
to already phosphorous-rich lawns, much of the excess simply runs
off the lawn into storm drainage systems and into the waterways where
the nitrogen and phosphorous accelerate algae growth and eutrophication,
and can impair the normal functioning of water ecosystems. In fact,
one pound of phosphorous fertilizer can stimulate the growth of 500
pounds of algae in a lake during a summer season.
D.
The excessive use of lawn fertilizers and the misapplication of lawn
fertilizers, which includes fertilizing when the ground is frozen,
overapplication, and misapplication or spillage onto impervious surfaces,
all contribute to the nutrient pollution of the waterways.
E.
This chapter restricts the application and use of lawn fertilizer
in order to address unnecessary and preventable sources of nitrogen
and phosphorous pollution and to improve water quality in the County.
As used in this chapter, the following terms shall have the
meanings indicated:
The county of Rockland.
Any substance containing one or more recognized plant nutrients
that is used for its plant nutrient content, and that is designed
for use or claimed to have value in promoting plant growth, except
unmanipulated animal or vegetable manures, agricultural lining material,
wood ashes, gypsum and other products exempted by regulation of the
New York State Commissioner of Agriculture and Markets. Any biosolid-based
product that is not subject to regulation as a commercial fertilizer
by the New York State Department of Agriculture and Markets is not
subject to the provisions of this chapter.
A commercial fertilizer distributed primarily for non-farm
use, such as lawns, shrubbery, flowers, golf courses, municipal parks,
cemeteries, greenhouses and nurseries, as well as such other use as
the Commissioner may define by regulation. Lawn fertilizer does not
include fertilizer products intended primarily for garden and indoor
plant application.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business organization of any kind.
An amount less than 0.67% phosphate.
Lakes, bays, sounds, ponds, impounding reservoirs, perennial
streams and springs, rivers, creeks, estuaries, marshes, inlets, canals
and all other perennial bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private, but shall not
include artificial ponds.
A.
No person shall apply any lawn fertilizer within the County that is labeled as containing more than 0% phosphorous or other compound containing phosphorous, such as phosphate, except as provided in § 264-5.
B.
No person shall apply lawn fertilizer between December 1 and April
1.
C.
No person shall apply lawn fertilizer to any impervious surface,
including parking lots, roadways, and sidewalks. If such application
occurs, the fertilizer must be immediately contained and either legally
applied to turf or placed in an appropriate container.
D.
No person shall apply lawn fertilizer to any turf or lawn area on
any real property within 50 feet of any surface water, except that
this restriction shall not apply where a continuous natural vegetative
buffer, at least 10 feet wide, separates the turf or lawn area and
the surface water.
A.
Turf or lawn areas for which soil tests confirm the need for additional
phosphorous application. The lawn fertilizer shall not contain an
amount of phosphorous exceeding the amount and rate of application
recommended in the soil test application.
B.
Agricultural uses, vegetable and flower gardens or applications to
trees or shrubs.
A.
No person located and/or doing business with the County shall display for sale lawn fertilizer containing more than 0% phosphorous. Signs may be posted advising customers that lawn fertilizer containing more than 0% phosphorous is available upon request for uses permitted in § 264-5.
B.
Any person located and/or doing business within the County who sells
or offers for sale lawn fertilizer shall be required, at the location
where lawn fertilizers are sold, to post a sign in the form provided
by the Department of Consumer Protection, containing the regulations
set forth in this chapter and explaining the effects of phosphorous
and nitrogen on water quality and Rockland County waters.
Every person who offers to provide or provides lawn or turf services, including, but not limited to, persons applying for a license to engage in home improvement business pursuant to Chapter 286 of these laws, or applying for renewal of a license to engage in a home improvement business pursuant to said chapter, and who offers to provide or provides lawn or turf services in the operation of such home improvement business, shall provide proof of completion of a turf management course approved by the Department of Consumer Protection every two years. The Director of the Department of Consumer Protection shall have the authority to adopt rules and regulations addressing additional educational needs as may be deemed necessary for the administration and enforcement of this section.
A.
The County shall undertake a public education campaign aimed at the
reduction of non-point source pollution in the Rockland County waterways.
Such public education campaign will include the development of best
management practices for lawn and garden care, as well as other strategies
for the reduction of nutrient pollution caused by human activity,
and shall specifically address the impacts of nitrogen and phosphorous
on water quality in and around Rockland County.
B.
The County Executive shall cause an evaluation of the effectiveness
of the restrictions on fertilizers under this chapter to be undertaken
and shall further cause an evaluation report to be provided to the
County Legislature by December 31, 2016.
For the first violation of the provisions of this chapter or
any rule or regulation adopted pursuant to this chapter, a civil penalty
not exceeding $50 shall be imposed. For the second and any succeeding
violation, a civil penalty not exceeding $150 shall be imposed for
each single violation. No civil penalty shall be imposed as provided
herein unless the alleged violator has received notice of the charge
against him/her and has had an opportunity to be heard.
This chapter shall be null and void on the day that statewide
legislation goes into effect, incorporating either the same or substantially
similar provisions as are contained in this chapter, or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Rockland.
The County Legislature may determine by resolution whether or not
identical or substantially similar statewide legislation or pertinent
preempting state or federal regulations have been enacted for the
purposes of triggering the provisions of this section.
