Enforcement Lags On Lawn Fertilizer Limits

1312

By John Burton
The 2011 state statute that instituted a limit on some fertilizers—supported by environmentalist groups—has one problem.
“Of course, as with all laws, enforcement and implementation is the key,” observed Cindy Zipf, executive director of Clean Ocean Action, an environmental organization that strongly supports the legislation.
“The awareness issue is huge,” offered Zachary Lees, Clean Ocean Action’s policy attorney.
Robert Considine, a spokesman for the state Department of Environmental Protection (DEP), called the law “the most stringent kind in the nation.” But since being signed into law four years ago, so far “It’s difficult to quantify what impact the legislation has had on Barnegat Bay and our waterways,” given the law had a staggered implementation.
The 2011 legislation, with primary sponsors state Senator Bob Smith (D-17) and Assemblyman John F. McKeon (D-27), sets up formal regulations for the use of fertilizers by both professionals and property owners.
The law is intended to limit the amount of phosphates and nitrogen found in soil fertilizers, because storm water that runs off those properties has a negative effect on the state’s waterways.
The impact of nitrogen can be profound, Zipf pointed out. It makes its way to coastal waters and, as a plant nutrient, contributes to the growth of vegetation, especially plankton. The increase in vegetation uses up the water’s oxygen, robbing it from marine life. “And that’s why we get the fish kills in the back bays from time to time,” Zipf said.
In New Jersey, the impact of fertilizer runoff on water quality has been most significant in Barnegat Bay, which Lees said “is extremely impaired.”
The law established what types of fertilizers can be used, the permissible levels of phosphates and nitrogen, and when they can be used. With this law there is a blackout period for use; starting in 2011 lawn care professionals are prohibited from using it from Dec. 1 to March 1; for homeowners it’s from Nov. 15 to March 1.
The law, however, does exempt golf courses, but requires that they be treated only by certified professionals.
And commercial companies must have their employees receive certification, which is offered online from Rutgers University.
Jody Shilan, executive director of the New Jersey Landscape Contractors Association, Elmwood Park, acknowledged “Although not everybody loves it they have to abide by it.”
The association mandates that its members adhere to the regulations and get the required Rutgers certification. The association counts as members 550 companies, which have anywhere from approximately five to 110 employees, according to Shilan.
The association, he added, has a lengthy email list, which includes non-member businesses, keeping them informed of the certification and other requirements, Shilan said.
The association initially had opposed the legislation viewing it as another regulation, an additional cost. But Shilan maintained, “As an industry we do care about the environment, we do want to do things the right way.”
Zipf recalled that some of the large manufacturers had sought to derail these efforts, fearing its impact on sales.
But Zipf believes, “We should be really proud that the state of New Jersey has passed the nation’s strongest fertilizer control law.”
Since 2011, Maryland and Vermont joined New Jersey to ban phosphorus and limit nitrogen in fertilizers, and Virginia and Washington State ban phosphorus. In 2010, Illinois, Michigan and New York instituted bans of phosphorus.
The alternative would be continuing and that the “huge input of fertilizers into our coastal back bays will just destroy them,” Zipf warned.
Enforcement rest primarily with municipalities and Lees and Zipf conceded “Municipalities probably haven’t made this a priority,” Lees said.
As for the average homeowner or gardener, “If you did a poll as to where or when they can’t put fertilizer down,” Lees said, “they probably wouldn’t know.”
The law’s provisions have been implemented in stages, the DEP’s Considine pointed out, with the most recent one starting on Jan. 5, 2013—that one mandating that all fertilizers sold in the state contain at least 20 percent slow-released nitrogen.
“We would not suspect to see in that time frame a measurable impact to our waterways,” Considine acknowledged.
The DEP does not monitor or manage enforcement and has no information on it, he said.
The law does provide for penalties for violations. Professionals are subject to a $500 civil penalty for the first offense and up to $1,000 for subsequent violations; non-professionals found in violations would could be subject to any penalty established by municipal ordinance.