This regulation is adopted by the Town of Nantucket Board of
Health as authorized by MGL c. 111, § 31.
For the purposes of this regulation, the following words shall
have the follow meanings unless the context clearly indicates a different
meaning:
AGRICULTURE
Farming in all of its branches and the cultivation and tillage
of the soil; the production, cultivation, growing, and harvesting
of any agricultural, floricultural or horticultural commodities; the
raising of crops for commercial sale, where the threshold of "commercial"
is $2,500 or more of gross sales per calendar year, measured as an
average over a five-year period. See also "horticulture."
AMENDMENT
The application of substances to soils and plantings; amendments
include but are not limited to fertilizers and may include other soil
conditioners such as lime, compost, and other organic materials.
APPLICATOR
Any person who applies fertilizer to plants and soils.
BEST MANAGEMENT PRACTICE (BMP)
A sequence of activities designed to limit a nonpoint pollution source. For the purposes of this regulation and pursuant to §
252-5A of this regulation, "BMP" means the current edition of Best Management Practices for Fertilizer Use on Lawn and Landscape Plantings on Nantucket, MA.
COMBINATION PRODUCTS
Sometimes known as "weed and feed'; any product that, in
combination with fertilizer, contains weed killer, defoliant, crabgrass
preventer, or any other chemical for restricting the growth of plants
other than turf.
COMPOST
Partially decomposed organic matter that is used as a soil
amendment. Compost is considered a fertilizer for the purposes of
this regulation.
COMPOST TEA
A liquid infusion of compost that is used as a soil amendment
or foliar fertilizer. Compost tea is considered a fertilizer for the
purposes of this regulation.
FAST-ACTING NITROGEN
Any water-soluble nitrogen that is immediately available
to plants upon application.
FERTILIZER
A substance that enriches the soil with elements essential
for plant growth, such as nitrogen, phosphorus, or other substances.
Fertilizer does not include those nutrients that are normally excluded
from fertilizer such as those that are chemically part of dolomite,
limestone, or lime. Fertilizer includes foliar fertilizers, as defined
below.
FERTILIZER LICENSE
Documentation denoting that an individual or corporate entity
has demonstrated, by means of an examination, competency in applying
fertilizer on properties within the Town and County of Nantucket.
FOLIAR FERTILIZER
Any fertilizer product designed for uptake into a plant through
its leaves and which typically is sprayed directly onto a plant.
HORTICULTURE
A general term meaning plant science and plant products.
For the purposes of this regulation, "horticulture" means the raising
of flowers, fruits, vegetables, berries, herbs, nuts, and other similar
products for commercial sale, where the threshold of "commercial"
is $2,500 of gross sales per calendar year measured as an average
over a five-year period. See also "agriculture."
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
LANDSCAPE PROFESSIONAL
A person who, in exchange for money, goods, services, or
other consideration, applies fertilizer to plants or soils.
LANDSCAPING
Establishment by sod, seeding, or transplanting, renovation,
maintenance, or fertilization of turf and other plantings.
LICENSED APPLICATOR
A person authorized by the Nantucket Board of Health or Health
Agent to apply fertilizer for commercial purposes.
NANTUCKET
Encompasses the land and water of the Town and County of
Nantucket, including Tuckernuck and Muskeget.
NANTUCKET BMP
The current edition of the Best Management Practices for Fertilizer Use on Lawn and Landscape Plantings on Nantucket, MA." Pursuant to §
252-5A of this regulation, the Nantucket BMP is adopted by the Board of Health and is generally available to the public.
NANTUCKET BOARD OF HEALTH
The local board appointed by the Select Board to oversee
public and environmental practices through the actions of its Health
Department within the Town and County of Nantucket.
NANTUCKET, TOWN AND COUNTY OF
The bodies politic created by state statute (of the Commonwealth
of Massachusetts General Court) to govern the lands and waters of
Nantucket, as defined above.
NONPOINT POLLUTION
Contamination which includes but is not limited to sediments,
nutrients, pathogens, and pollutants that collect in water bodies
from stormwater runoff and boat waste discharges. (301 CMR 26.03,
"Definitions" in the "Coastal Pollutant Remediation Program")
NUTRIENT
Any of the following 16 elements needed for growth of a plant:
the three nonmineral elements: carbon, hydrogen, and oxygen; the six
macronutrients: nitrogen, phosphorus, potassium, calcium, magnesium,
and sulphur; and the seven micronutrients: boron, copper, iron, chloride,
manganese, molybdenum, and zinc.
PLANTINGS
Organized cultivation of plants for beneficial purposes.
PLANTS
Biological organisms in the Kingdom Plantae that, for the
purposes of this regulation, are used domestically.
POINT-SOURCE WATER POLLUTION
Comes from end-of-pipe stationary locations such as sewage
treatment plants, factories, and ships and is subject to regulatory
control under the Massachusetts Clean Water Act and the Federal Water
Pollution Control Act, both as amended.
SOIL
The uppermost layer of the earth's surface, comprised of
mineral and organic matter, which can host biological communities.
SOIL TEST
A technical analysis of soil conducted by an accredited soil
testing laboratory.
TOTAL MAXIMUM DAILY LOAD (TMDL)
A calculation of the maximum amount of a pollutant that a
water body can receive and still safely meet water quality standards.
TURF
Grass-covered soil held together by the roots of the grass;
also known as "sod" or "lawn."
WATERS or WATER-BODIES or WATER RESOURCES
Include, but are not limited to, streams, including intermittent streams, creeks, rivers, freshwater and tidal wetlands, ponds, lakes, marine waters, canals, lagoons, embayments, and estuaries within the Town and County of Nantucket, including without limitation all waters defined in MGL c. 131, § 40 and Chapter
136, Wetlands, of the Code of the Town of Nantucket.
Should any section, part or provision of this regulation be
deemed invalid or unconstitutional, such decision shall not affect
the validity of the remaining terms of this regulation as a whole
or any part thereof, other than the section, part or provision held
invalid or unconstitutional.
This regulation is based on the Nantucket BMP and was developed
by a broad group of stakeholders representing diverse interests and
has been reviewed by soil and turf scientists and educators. Therefore,
notwithstanding the requirements of MGL c. 111, § 31, no
amendment to this regulation shall be adopted until such time as the
Nantucket Board of Health shall hold a public hearing thereon, notice
of the time, place and subject matter of which, sufficient for identification,
shall be given by publishing in a newspaper of general circulation
in the Town and County once in each of two successive weeks, the first
publication to be not less than 14 days prior to the date set for
such hearing. No such amendment shall be effective unless the proposed
amendment has been reviewed and commented upon by soil and turf scientists
and educators and it is passed by a four-fifths vote of the Nantucket
Board of Health.
This regulation shall take effect on January 1, 2013, and upon
publication pursuant to MGL c. 111, § 31.
Landscape professionals may apply fertilizer without a license during the interim period between the effective date of this regulation and the development of a licensing program by the Nantucket Board of Health, provided that they comply with §
252-5C(2) of this regulation.