Town of Whitewater, WI
Walworth County
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[12-10-2003]
The following terms as used in this article are defined as follows:
COMMERCIAL APPLICATOR
Is a person who applies fertilizer for hire.
FERTILIZER
Any substance, containing one or more plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal or vegetable manures, marl and liming material.
NONCOMMERCIAL APPLICATOR
Is a person who applies fertilizer, but not for hire.
[12-10-2003]
This article shall apply within the boundaries of the Whitewater Lake Management District, hereafter called "lake district."
[12-10-2003]
No person, firm, corporation, franchise, commercial applicator, whether or not licensed by the Wisconsin Department of Agriculture, Trade and Consumer Affairs, noncommercial applicator, property owner or tenant, shall apply lawn fertilizer in any form containing any amount of phosphorous or any amount of any other compound containing phosphorous, such as phosphate, within the lake district, except as follows:
A. 
Naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost.
B. 
Lawn areas where soil tests confirm that the soil contains levels of phosphorous below the quantity in typical soils in southeastern Wisconsin. If this exception applies the amount of phosphorous applied shall not exceed the appropriate application rate recommended in the soil test and shall be incorporated into the soil to minimize runoff.
C. 
Application to any farming or agricultural business, providing the use of fertilizers is related to the growth of a product or maintenance of growing fields. Appropriate steps shall be taken to incorporate the fertilizer into the soil to minimize runoff. This exception shall not apply to lawn areas on a farm or agricultural business.
[12-10-2003]
A. 
No person, firm, corporation, franchise, commercial applicator, whether or not licensed by the Wisconsin Department of Agriculture, Trade and Consumer affairs, noncommercial applicator, property owner or tenant shall apply any fertilizer applied to the following locations:
B. 
To impervious surfaces, drainage ditches, waterways, natural buffer zones, delineated wetlands, below the ordinary high water mark, or within 10 feet of any wetland or water resource, except as follows:
C. 
Application to any farming or agricultural business, providing the use of fertilizers is related to the growth of a product or maintenance of growing fields. Appropriate steps shall be taken to incorporate the fertilizer into the soil to minimize runoff. This exception shall not apply to lawn areas on a farm or agricultural business.
[12-10-2003]
This article shall be enforced by the Town of Whitewater noncertified law enforcement officers, who are authorized to issue citations. Violators shall forfeit a minimum of $50 up to a maximum of $250 plus costs and assessments, and upon failure to pay, shall serve up to 30 days in the Walworth County jail. The bond amount shall be $50.