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A Proposal from the Article 68 Work Group for Regulations Enforced by the Department 1
of Health of the Town of Nantucket (as modified by Richard Ray 10/16/10) 2
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DEPARTMENT OF HEALTH REGULATIONS ON THE CONTENT AND 4
APPLICATION OF FERTILIZER USED IN THE TOWN OF NANTUCKET 5
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SECTION 1. FINDINGS 7
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1.1. There is sound scientific evidence to conclude that nitrogen and phosphorus 9
in fertilizers are contaminants that negatively affect fresh and salt waters when 10
present in excessive amounts. These excessive amounts of nitrogen and 11
phosphorus contribute to undesirable algae and aquatic plant growth within all 12
Nantucket water bodies. 13
SECTION 2. PURPOSE 14
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2.1. It is necessary to control by Regulation in the Town of Nantucket the use of 16
fertilizer that contains phosphorus and high percentages of fast-acting nitrogen so 17
as to improve the water quality of the Town. 18
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2.2. These Regulations provide for a reduction of nitrogen and phosphorus going 20
into Nantucket’s waters by means of an organized system of education, licensure, 21
and regulation of practice and should help Nantucket to achieve compliance with 22
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the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of 1
Massachusetts for nitrogen and phosphorus in its waters. 2
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SECTION 3. AUTHORITY 4
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3.1. These Regulations are adopted by the Town of Nantucket's Board of Health 6
as authorized by Massachusetts General Laws, Chapter 111, Subsection 31. 7
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SECTION 4. DEFINITIONS; For the purposes of these Regulations, the following words 9
shall have the following meanings unless the context clearly indicates a different 10
meaning: 11
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“Agriculture” is a general term meaning farms and farming systems. For the 13
purposes of these regulations agriculture means the raising of crops for 14
commercial sale, where the threshold of commercial is two thousand five hundred 15
dollars ($2500.00) per year measured as an average over a five-year period. See 16
also “horticulture.” 17
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“Amendment” refers to the application of substances that are beneficial to soils 19
and plantings; amendments include but are not limited to fertilizers and may 20
include other soil conditioners such as lime, compost, and other organic materials. 21
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“Applicator” means any person who applies fertilizer to plants. 23
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“Best Management Practice,” BMP, means a voluntary sequence of activities 2
designed to limit a nonpoint pollution source. For these regulations, BMP means 3
the current edition of “Best Management Practices for Fertilizer Use on Lawn and 4
Landscape Plantings on Nantucket, MA.” 5
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“Combination Products,” sometimes known as “Weed and feed,” means any 7
product that, in combination with fertilizer, contains weed killer, defoliant, 8
crabgrass preventer, or any other chemical for restricting the growth of plants 9
other than turf. 10
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“Conservation Farm Plan” means a formal plan filed by farms and farm units 12
found to be degrading the quality of water beyond the promulgated Water Quality 13
Standards. 14
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“Fast-acting nitrogen” means any water-soluble nitrogen that is immediately 16
available to plants upon application. 17
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“Fertilize, fertilizing or fertilization” means the act of applying fertilizer to plants. 19
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“Fertilizer” means a substance that enriches the soil with elements essential for 21
turf growth, such as nitrogen, phosphorus or other substances; fertilizer does not 22
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include those nutrients that are normally excluded such as contained in dolomite, 1
limestone, or lime. 2
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“Foliar Fertilizer” means any fertilizer product designed for uptake into a plant 4
through its leaves; normally foliar products are sprayed directly onto a plant. 5
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“Horticulture” is a general term meaning plant science and plant products. For 7
the purposes of these regulations, horticulture means the raising of flowers, fruit, 8
nursery, nut, and vegetable crops for commercial sale, where the threshold of 9
commercial is two thousand five hundred dollars ($2500.00) per year measured as 10
an average over a five-year period. See also “agriculture.” 11
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“Impervious surface” means a surface that has been compacted or covered with a 13
layer of material so that it is highly resistant to infiltration by water. 14
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“Landscape professional” means a person who, in exchange for money, goods, 16
services or other consideration, applies fertilizer to plants. 17
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“Landscaping” means establishment by sod or seeding, renovation, maintenance, 19
fertilization or pest management of turf and other plantings. 20
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“Nantucket” is the Town and County of Nantucket and all of its coastal waters. 22
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“Nantucket BMP” is the current edition of the “Best Management Practices for 1
Fertilizer Use on Lawn and Landscape Plantings on Nantucket, MA.” 2
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“’Nonpoint Pollution’ means contamination which includes but is not limited to 4
sediments, nutrients, pathogens, and pollutants that collect in waterbodies from 5
stormwater runoff.” (301 CMR 26.03, “Definitions” in the “Coastal Pollutant 6
Remediation Program”) 7
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“Nonpoint Pollution Source (NPS)” means any activity releasing pollution and 9
that is not deemed point source. 10
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“Nutrient” means any of the approximately 16 elements needed for growth of a 12
plant; normally carbon, hydrogen, oxygen, and elemental (gaseous) nitrogen, 13
available from air and water, are not included in the list of nutrients. 14
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“Nutrient management” means systematic control of the application of nutrients. 16
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“Plantings” means organized cultivation of plants for beneficial purposes. 18
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“Plants” are biological species in the vegetable kingdom that, for the purposes of 20
this Act, are used domestically. 21
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“Slow-release, controlled-release, timed-release, slowly available, or water-1
insoluble nitrogen” means nitrogen in a form that delays its availability for plant 2
uptake and use after application and is not rapidly available to turf and other 3
plants. 4
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“Soil” means the upper-most layer of the earth’s surface, comprised of mineral 6
and organic matter, which can host biological communities. 7
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“Soil test” means a technical analysis of soil conducted by an accredited soil-9
testing laboratory. 10
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“Turf” means grass-covered soil held together by the roots of the grass, also 12
known as “sod” or “lawn.” 13
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"Water-bodies" includes, but is not limited to, streams, including intermittent 15
streams, creeks, rivers, freshwater and tidal wetlands, ponds, lakes, marine waters, 16
canals, lagoons, and estuaries within the Town of Nantucket, including all waters 17
defined in Massachusetts General Laws Chapter 131, Section 40 and Town of 18
Nantucket Code Section 136. 19
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SECTION 5. STANDARDS OF PERFORMANCE 21
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5.1. Prohibited Conduct. Applicators shall not: 23
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a. apply fertilizer immediately before or during heavy rainfall, such as but 2
not limited to thunderstorms, hurricanes or north eastern storms or when 3
the soil is saturated due to intense or extended rainfall; 4
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b. apply fertilizer between November 15th and the following April 1st; 6
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c. apply, spill or deposit fertilizer on any impervious surface and fail to 8
remove the applied, spilled or deposited fertilizer immediately; 9
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d. apply fertilizer closer than twenty five-feet to water-bodies; 11
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e. deposit grass clippings, leaves, or any other vegetative debris into 13
water-bodies, retention and detention areas, drainage ditches or storm 14
water drains, or onto impervious surfaces such as, but not limited to, 15
roadways and sidewalks, except during scheduled clean up programs. 16
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5.2. Fertilizer Content and Application Requirements for Applicators 18
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a. The following restrictions shall apply to the content of fertilizer to be 20
applied to turf. 21
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i. An applicator shall not apply any fertilizer to turf unless the 1
fertilizer contains a minimum of 70 percent slow-release nitrogen 2
as the nitrogen additive. 3
ii. An applicator shall not apply fertilizer that contains phosphorus, 4
unless a soil test indicates a phosphorus deficiency. 5
iii. Any fertilizer applied to soil with a demonstrated phosphorus 6
deficiency shall comply with the recommendations of the 7
Nantucket BMP. 8
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b. Fertilizer application shall not exceed the recommendations of the 10
Nantucket BMP. In no instance, should a single application exceed 1.25 11
pounds per thousand square feet and the annual rate should not exceed 4.0 12
pounds per thousand square feet. 13
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c. The fertilizer application requirements of 5.2.b. shall apply without 15
limitation to the application of pesticide, herbicide, and fertilizer mixtures, 16
including but not limited to, combination products. 17
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d. Foliar Products shall be applied according to the recommendations of 19
the Nantucket BMP. 20
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5.3. Exemptions. The following activities shall be exempt from Sections 5.1. and 22
5.2. of these Regulations: 23
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a. Application of phosphorus when: 2
i. establishing vegetation for the first time, such as after land 3
disturbance, provided the application is in accordance with the 4
recommendations of the Nantucket BMP; 5
ii. re-establishing or repairing turf after substantial damage; 6
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b. Use of reclaimed water for irrigation, provided it is not used within 8
twenty-feet of any waterbody. 9
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c. Application of fertilizer for agricultural and horticultural uses, including 11
sod farms. 12
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SECTION 6. EDUCATION, LICENSURE, ENFORCEMENT, AND PENALTIES. 14
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6.1. Education 16
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a. The Town of Nantucket will maintain a program of fertilizer education 18
that is based on its BMP. 19
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b. Demonstration by a person of participation in fertilizer education will 21
be by passage of a test administered by the Town of Nantucket. 22
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c. Summaries of fertilizer application requirements will be made readily 1
available to the public. 2
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6.2. Licensure 4
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a. A license issued by the Town of Nantucket is required of Landscape 6
Professionals when they fertilize lawns and plantings; such a license may 7
be held but is not required by home-owners who apply fertilizer for their 8
own benefit. 9
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b. Persons who pass the test described in 6.1.b. may apply for a fertilizer 11
license. 12
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c. Fertilizer licenses will be valid for a period of three years from the date 14
of issuance; renewal requires passage of the current test. 15
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6.3. Enforcement 17
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Without limiting any other remedies or penalties, the Board of health may 19
punish any person or entity that violates these Regulations by assessing a 20
penalty of $300.00. Each day or part thereof which violation occurs or 21
continues shall constitute a separate offense. As an alternative to criminal 22
prosecution or civil action, the non-criminal disposition procedure set 23
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forth in Massachusetts General laws Chapter 40, Subsection 21D, Sections 1
1-2, 1-3, 1-4,1-5, and 1-6 of the Code of the Town of Nantucket may be 2
used with a penalty of $300.00 for each violation, each day ort part thereof 3
during which such violation occurs or continuers constitutes a separate 4
offense. The health director and Assistant health Officer are hereby 5
empowered to enforce this Section _______. 6
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6.4. Penalties 8
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a. Application of fertilizer by an unlicensed Landscape Professional may 10
lead to a fine of up to five hundred dollars ($500.00). 11
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b. Non-compliant application of fertilizer may lead to loss of license 13
and/or a fine of five hundred dollars ($500.00). 14
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c. Repeat offenses may lead to fines of up to five thousand dollars 16
($5000.00) per offense. 17
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d. The Town of Nantucket accepts the non-criminal disposition 19
regulation… (wording to be supplied by Richard Ray) 20
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SECTION 7. SEVERABILITY CLAUSE 23
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Should any section, part or provision of these Regulations be deemed invalid or 2
unconstitutional, such decision shall not affect the validity of the remaining terms of this 3
Act as a whole or any part thereof, other than the section, part or provision held invalid or 4
unconstitutional. 5
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SECTION 8. AMENDMENTS [LWS Proposal] 7
Amendments of these Regulations and of the supporting Nantucket BMP shall be based 8
on science and proposed formally only after they have been reviewed by a diverse 9
committee of stakeholders similar in nature to the Work Group that drafted them. 10
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SECTION 8. AMENDMENTS [PB Proposal] 12
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A. The Nantucket BMP is based on principles of soil science as specifically 14
adapted to Nantucket soils and climate. It was developed by a broad group of 15
stakeholders representing diverse interests, and has been reviewed and approved 16
by UMASS soil and turf scientists and educators. Amendment of the Nantucket 17
BMP shall be based on scientific information and may be made only by a 18
similarly broad group. Such changes may go into effect only after scientific 19
review by knowledgeable soil scientists. 20
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B. This Act is based on the Nantucket BMP and was developed by a broad group 22
of stakeholders representing diverse interests and has been reviewed and approved 23
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by UMASS soil and turf scientists and educators. Amendment off this Act shall 1
be based on scientific information and may be made only by a similarly broad 2
group. Such changes may go into effect only after scientific review by 3
knowledgeable soil scientists. 4
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SECTION 9. EFFECTIVE DATE 7
This Act shall take effect on January 1, 2011. 8
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[Printed: 2010-11-10] 10