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Model Nitrogen Fertilizer Ordinance. A Step Toward Sustainability. Willie deCamp & Michael Borgatti Save Barnegat Bay 906-B Grand Central Ave., Lavallette, NJ, 08730 730.830.3600 848.459.6436. NJDEP Fertilizer Work Group Trenton, NJ. October 28, 2008. Dispelling Misconceptions. - PowerPoint PPT Presentation
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Model Nitrogen Fertilizer Ordinance
A Step Toward Sustainability Willie deCamp & Michael Borgatti
Save Barnegat Bay
906-B Grand Central Ave.,
Lavallette, NJ, 08730
730.830.3600
848.459.6436
NJDEP Fertilizer Work Group
Trenton, NJ.
October 28, 2008
Dispelling Misconceptions
SBB ordinance does NOT ban all nitrogen Impractical, unnecessary, non-scientific
Fertilizer is a significant, but not the primary, source of N in Barnegat Bay.
Multi–pronged solutions are vital.
SBB ordinance will not end eutrophication. But it will greatly reduce total N.
Fertilizer & landscapers are not “bad”!
In fact:
Basic Requirements
Eliminates products with greater than 30% total N
Emphasizes high percentages of slow release nitrogen (at least 40% of the N)
Only allows sale of those products allowed for use
No application outside the USDA growing season. (Nov. 15 to March 1)
Other Elements
Exempts Golf Courses and Farms
Recommends soil testing
Recommends no more than four applications per year
Advantages of a two-tiered application model
If you use more slow release, you are allowed more N
Accommodates professionals & homeowners who feel their lawns benefit from more N
Makes many organic fertilizers eligible
Practicality & Enforceability
Simplicity: The only products available for sale are those permitted for
use.
No “fertilizer police”. Enforcement upon homeowner would arise only in the
context of out-of-season application or application on hard surfaces or during rain.
Registration of Landscapers Landscapers know certification could be revoked.
Standing on solid legal ground
1 - County Environmental Health Act (CEHA) allows nitrogen to be regulated by the County as a contaminant.
2 - Under NJ law an ordinance will be upheld if the science is “reasonably debatable”.
3 - Similar to laws in NY, FL, and MN that have been upheld.
4 – Does not violate restraint of trade or interstate commerce protections
Developing Conservative Estimates: Key Steps
1. SBB reviewed the relevant scientific literature, including
Ayers et al 2001; Hunchak-Kariouk and Nicholson 2001; Castro et al. 2003; Guillard and Kopp 2004; Kennish et al. 2007; Muholland et al. 2007.
2. SBB examined existing legislation Florida, New York, Michigan, Wisconsin, New Jersey.
3. Interpreting Industry data Scotts, U.S.D.A., U.S. Census.
Step 1: Examine the Science “23-34% of ground-water
sample[s]…were above the EPA recommended .71 mg/l N criteria for rivers and streams.” (Weiben, 2007)
“Human activities associated with urban and agricultural land uses are the principle factors adversely affecting aquatic health throughout New Jersey” (Ayers et al. 2000)
M. Serfes, NJDEP, NJGS. NJ Water Monitoring Council Meeting September 6, 2007.
Step 2: Look at the Law
SBB(County)
Florida (State)
Suffolk,NY(County)
Controls Point of Sale ? Yes No* No
Addresses Residential
Lawns ?Yes Yes No
Consistent throughout
Jurisdiction ?Yes No Yes
* Controls product labeling specifically
Application Scenario Total lbs. N app/yr. (% of total sold in state)
50% Minimum Compliance
(2.5 lb N/1000 sq ft)
1,867,220 (4.1)
100% 1 lb. N/1000 sq. ft 1,493,776 (3.3)
50% 1 lb. N/1000 sq. ft 746,888 (1.6)
Average 1,369,295 (3.0)
Step 3: Analyze industry and USDA data
A
B
C
16.8% 1.7% 9.3%
313,693 31,742 172,718
250,954 25,394 138,174
125,477 12,697 69,087
230,042
33,330 126,660
Step 3: Continued
Application Stats
50% Minimum Comp. (2.5 lb N/1000 sq ft)
100% 1 lb. N/1000 sq. ft
50% 1 lb. N/1000 sq. ft
Avgerage
Leaching Rates Guillard & Kopp 2004
Thank you.
We would enjoy speaking with any of you further.
Michael Borgatti 848-459-6436
michael.borgatti@gmail.com
Willie deCamp 732-830-3600
wmdecamp@yahoo.com
Step 2: Look at the law
Florida adopted the most comprehensive fertilizer law in the nation
Florida strengths Strong scientific backing Statewide Stakeholder cooperation
Florida weaknesses Nearly impossible to enforce Very hard for the homeowner
to understand and comply with Allows 100% water soluble N
SBB’s ordinance is an improvement on Florida
Stronger scientific backing Easy to enforce.
Point of sale requirements Uniform everywhere
Simple for homeowner Requires “slow release”, but
allows significant fast acting Seasonal restrictions are
supported by NJ Model Fertilizer ordinance & science (Guillard)
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