[Adopted 11-19-2002 by L.L. No. 24-2002 (Ch. 289, Art. I, of the 1985 Code)]
As used in this article, the following terms shall have the meanings indicated:
IRONITE A fertilizer produced from the tail minings of a proposed Superfund site in Humbolt, Arizona, and sold to consumers as a lawn and garden fertilizer.
PERSON Individuals; natural persons; partnerships; joint ventures; societies; associations; clubs; corporations; unincorporated groups of any members; officers, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.
Any intentional violation of §
459-3A or
B of this article shall constitute an unclassified misdemeanor and shall be punishable by a fine of up to $5,000.
This article shall apply to purchases or sales occurring on or after the effective date of this article.
This article shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.
[Adopted 12-18-2007 by L.L. No. 41-2007 (Ch. 289, Art. II, of the 1985 Code)]
As used in this article, the following terms shall have the meanings indicated:
COMMISSIONER The Commissioner of the Suffolk County Department of Environment and Energy.
DEPARTMENT The Suffolk County Department of Environment and Energy.
ESTABLISHMENT A store or person located within Suffolk County who or which sells or offers fertilizer for sale.
FERTILIZER Any organic or inorganic material of natural or synthetic origin which is added to soil, soil mixtures, or solution to supplement nutrients and is claimed to contain one or more essential plant nutrients. The term "fertilizer" does not include unmanipulated animal and vegetable manure and agricultural liming materials used to reduce soil acidity.
PERSON Any individual, firm, partnership, corporation, company, society, association, or any organized group of persons, whether incorporated or not.
SURFACE WATER Lakes, bays, sounds, ponds, impounding reservoirs, perennial streams and springs, rivers, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of New York State, 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.
[Added 2-3-2009 by L.L. No. 5-2009]
TURF Any area of earth principally vegetated by grass.
[Amended 2-23-2009 by L.L. No. 5-2009]
A. Fertilizer shall not be applied to County-owned real property, except as authorized under §
459-14 of this article.
B. Fertilizer shall not be applied to any turf on any non-County-owned real property by any person between November 1 and April 1 of every year, except as authorized by §
459-14 of this article.
C. Fertilizer shall not be applied to any County-owned property, nor to any turf on any non-County-owned real property, within 20 feet of any regulated surface water, except that this restriction shall not apply where a continuous natural vegetative buffer, at least 10 feet wide, separates a turf area and regulated surface water.
The Department, in consultation with the Suffolk County Department of Health Services, shall develop, within one year of the effective date of this article, the signs and brochures referred to in §
459-10A. The signs and brochures shall be written in a clear and simple manner and shall contain the suggested guidelines referred to in §
459-11B.
Upon written application to the Department by a person utilizing County-owned property, a waiver of the prohibition in §
459-9A of this article may be granted upon such terms and conditions as deemed appropriate at the Commissioner's sole discretion. The decision to grant a waiver shall be based upon the following factors:
A. Whether the waiver application is in general conformity with this article;
B. Whether the uses of groundwater, surface water and drinking water supplies will be impaired;
C. Whether the application conforms to a comprehensive management plan and/or well-accepted best management practices; and
D. Whether the proposed use can be modified so that the project will not require a waiver.
The Suffolk County Department of Health Services shall enforce the prohibitions and requirements of §§
459-9 and
459-10 of this article, in accordance with the enforcement procedures established by Suffolk County Sanitary Code, Article
II, §§ 760-202 through 760-220.
The Department, in consultation with the Suffolk County Department of Health Services and Suffolk County Office of Consumer Affairs, shall issue and promulgate such rules, regulations and standards as deemed necessary and appropriate to carry out the provisions of this article.
This article shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.
Sections
459-9 and
459-10 of this article shall apply to all actions occurring on or after January 1, 2009.