The New Jersey Fertilizer Law: Tackling Nonpoint Source Pollution One State at a Time

The New Jersey Fertilizer Law:

Tackling Nonpoint Source Pollution

Heather Saffert, Ph.D.

Clean Ocean Action

Clean Ocean Action’s Mission:

To improve the degraded water quality

of the coastal and marine waters

off the New Jersey/New York coast

Why was the Fertilizer Law needed in NJ?

 High fertilizer use

 Studies of fertilizer in runoff

 Many nutrient-related impairments

 Water Quality/Ecological Health

Nutrient Problems

From Dr. Robert Howarth presentation 2011 “The Hudson is the Most Heavily Nutrient-loaded Estuary in the World: Should We Care?”

21% Ag. N Fixation

41% Net Food and

Feed Imports

25% Atm. Nox Deposition

13% Fertilizer

Non-farm

Nitrogen Fertilizer,

2007 (kg N/km

yr)

Nutrient Problems

Fertilizer Loadings to the

Hudson River

Phosphorus and DO Impairments in 2008

ata

eria

Nutrient Problems

Eutrophication in Coastal Estuaries – Barnegat Bay

Nutrient Problems

Looking for Solutions

 P ban in other states (MN, WI, ME)

 FL limits for both P and N, local

 NJDEP Phosphorus Model Ordinance

 Save Barnegat Bay’s Nitrogen Model Ordinance

 .

Senator Smith Asm. McKeon

History of NJ Fertilizer Law

Governor Christie

Signs Bill into Law

Overview

 Applies to residential and commercial application.

 Exempts golf courses (but requires trained or certified

professional to apply fertilizer) and commercial farms.

 Not allowed at certain times and places.

 Sets state standards for use.

 Requires certification and training for professionals.

 Requires bag labels and contents to meet standards.

 Sets fines for violations.

NJ Fertilizer Law

Took Effect in 2011:

Fertilizer applications not allowed:

 Before or during heavy rains

 Any time the soil is saturated or frozen

 From: Dec. 1

- March 1

for professionals

Nov. 15

- March 1

for homeowners

 On impervious surfaces; must cleanup

NJ Fertilizer Law

Took Effect in 2012:

Fertilizer applications prohibited:

 Waterway buffers - within 25 ft of any waterbody, except where

special equipment is used, then the buffer may be reduced to 10 ft.

 A professional applicator may apply one “rescue treatment”

annually to turf in a buffer as per rules above.

NJ Fertilizer Law

Took Effect in 2012:

Nitrogen Application Rate Limits

Professionals:

 0.7 pound of water-soluble-nitrogen (fast release) per 1,000 sq. ft. and

1.0 pound total nitrogen per 1,000 sq. ft. per application

 A 4.25 pounds per 1,000 sq. ft. per year

Consumers:

 0.7 pound water-soluble-nitrogen (fast release) per 1000 sq. ft. and

0.9 pound total nitrogen per 1,000 sq. ft. per application

 3.2 pounds per 1,000 sq. ft. per year

 20 % slow release requirement (2013)

NJ Fertilizer Law

Took Effect in 2012:

Phosphorus Application Rate Limits

 RULE:

• Zero phosphate allowed.

 EXCEPTIONS:

• if prescribed by a soil test,

• when new turf is being established or repaired,

• or when using certain products with non-synthetic

components containing phosphorus (0.25 lbs available

phosphate limit)

NJ Fertilizer Law

Took Effect in 2012:

Professional Training

 All professional fertilizer applicators must be certified or

trained.

 Both must receive annual training approved by Rutgers

University.

 Certified applicators must pass a test and pay $75 fee.

 Trained applicators must be supervised by a certified fertilizer

applicator and pay $25 fee.

NJ Fertilizer Law

Broad-

based

training

topics

Final provisions take effect in 2013:

Label and content requirements

 Consumer/retail products must have at least 20% of slow release

nitrogen – with no exceptions

 Contain no phosphorus – with some exceptions

 Have instructions consistent with application rate limits.

 Follows AAPCO standard for turf fertilizer label.

NJ Fertilizer Law

Violations, Penalties

 Any professional fertilizer applicator who violates the law

shall be subject to a civil penalty of $500 for the first

offense…

and up to $1,000 for the second and each subsequent

offense, to be collected in a civil action.

 If the violation is of a continuing nature, each day during

which it continues shall constitute an additional, separate

and distinct offense.

NJ Fertilizer Law

Violations, Penalties

 Non-professionals who violate the law may be subject to a

penalty, as established by municipal ordinance.

 May be enforced by any municipality, county, local soil

conservation district or local health agency.

 A local soil conservation district may institute a civil action to

enforce this act and to prohibit and prevent a violation of this

act.

NJ Fertilizer Law

Importance of Education and Outreach

Implementation

Fertilizer Laws in Other States

Through 2009

 ME, MN, WI - bans Phosphorus

 FL - N and P limits for local areas with impairments

2010

 Illinois - bans Phosphorus

 Michigan - bans Phosphorus

 New York - bans Phosphorus

2011

 New Jersey - bans Phosphorus, limits Nitrogen, regulates content

 Maryland - bans Phosphorus, limits Nitrogen – similar to NJ’s

 Vermont - bans Phosphorus, requires 15% slow release Nitrogen , no limits

 Virginia - bans Phosphorus

 Washington - bans Phosphorus

2012 ?

 Pennsylvania?, Connecticut?, more?

Implementation

Summary

 NJ’s Fertilizer Law limits both phosphorus and nitrogen to reduce

non-point source pollution.

 A certification and training program will help professionals keep

fertilizer on the lawn.

 20% slow release nitrogen will help homeowners keep fertilizer on

the lawn.

 Education and outreach are key to the law’s success.

 More efforts are needed nationally to reduce nitrogen and

phosphorus loadings from fertilizer.

Acknowledgements

 Dr. Jim Murphy at Rutgers University for sharing presentation

information and for his leadership in developing and overseeing

the certification program. He also has served as an important

resource on fertilizer and turf management.

 Willie deCamp and Mike Borgatti at Save Barnegat Bay for getting

COA involved in the development of the fertilizer law.

 The Clean Ocean Action Team – who successfully advocated for

the bill and garnered community support and to Sean Dixon, COA’s

coastal policy lawyer, who has had a critical role in negotiations

and implementation of the law.

Questions?

Dr. Heather Saffert

Staff Scientist

Clean Ocean Action

18 Hartshorne Drive

Highlands, NJ 07732

Science@CleanOceanAction.org

(732) 872 - 0111