01-1111R�c�C ;`,� � a,g a�Q1 CouncilFile# p�..��11
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Green Sheet # l l3 G g3
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Presented
Referred To
OF
Committee Date
An ordinance regulating the use of lawn fertilizers containing phosphorus
2 THE COLJl�iCIL OF THE CITY OF SAINT PAi3L DOES ORDAIN:
Section 1
4 A new Chapter 237 of the Saint Paul Legislative Code is hereby enacted:
5 Chapter 237. Regulation of Phosphorus Lawn Fertilizers.
�5
6 Sec. 237.01. Findings and Purpose. The Citv of Saint Paul and the State of Minnesota have conducted studies
; and reviewed existin�data to determine the current and predicted water qualitv of vazious lakes and watersheds
8 within the Citv. Data indicate that lake and watershed qualit ��may be maintained and improved if the Citv is able to
9 reg_ulate the amount of lawn fertilizer and oflier chemicals entering the lakes and other surface water as a result of
10 storm water runoff or other causes. The purpose of this ordinance is to reeulate the use of lawn fertilizers containing
11 uhosphorus to aid the Citv in manatine and nrotectin� its water resources.
12 Sec.237.02. Definitions.
13 For the purposes of this chapter, the terms used in this chapter have the meanines defined as follows:
14 Commercial apvlicatar is a person. firm, corporation or entitv who is engaeed in the business of applving
15 fertilizer for hire and licensed under Chapter 377 of the Saint Paul Leeislative Code.
16 Fertilizer means a substance containine one or more recoenized plant nutrients that is used for its plant
17 nutrient content and desiened for use or claimed to have value in promotingplant erowth. Fertilizer does not include
18 anunal or veeetabie manures that aze not manipulated, marL lime, limestone and otherproducts specificallv exempted
14 by rule by the Minnesota Commissioner of A�riculture.
20 Noncommercial applicator is a uerson who aprolies fertilizer whether or not for hire, but who is not a
21 commercial lawn fertilizer applicator.
than
r�
other
22 os e is hosphorus content of fertilizers. It is expressed
23 as the chemical formula P The phosphorus LPl content of a fertilizer is 43 percent of its phos hp ate (P,O� content.
NES A
�
24
25 Sec. 237.03. Fertilizer content. No commercial applicator or non-commercial a�plicator, inciudin� a homeowner
26 or renter, sha11 ap�lv any lawn fertilizer, lic�uid or aranular, within the City of Saint Paul that is labeled to contain
27 more than 0% phosphate (P O This prohibition shall not ap�lv to:
�
7
10
11
12
13
14
15
16
17
The naturallv occurrin��hosphorus in unadulterated natural or organic fertilizing
products such as vazd waste compOSt; �, _����
b. Use on newly established or developed turf and lawn areas durin¢ their first ��
season;
c. Turf and lawn areas which soil tests taken accordin� to Universitv of Minnesota
�uidelines and analvzed in a State of Minnesota certified laboratory confirm aze
below phos�horus levels established bv the Universitv of Mimiesota. In such cases.
lawnfertilizerapplication shall not exceedthe University ofMinuesotarecommended
apnlicarion rate for phos�orous.
Lawn fertilizers containiug phos�horus applied pursuant to the above-listed exceptions shall be watered into
the soil where the phosrohorus can be immobilized and e�allv protected from loss by runofF. Fertilizer anplied to
impervious services. such as sidewalks, drivewavs and streets is to be removed b�ping or other means
immediatelv after fertilizer application is completed. Fertilizer is not to be a�plied to frozen soil, saturated soil or
underconditionsofunpendingheawrainfall. TheOfficeofLicense.InsoecrionsandEnvironmentalProtectionshall
be notified at least 24 hours �rior to the application of anv lawn fertilizer containine vhosphorus that such fertilizer
will be used, the amount to be used and the reason for its application.
18 Sec. 237.04. Sale of fertilizer containing phosphorus. Anyperson. organization, firm, cor�oration, franchise or
19 commercial establishment sellin or displavin�anv lawn fertilizer, li uid or tranular, within the Citv of Saint Paul
20 that is labeled to contain more than 0% phosphate (P O�) shall be required to cleazly identify those fertilizers sold
21 or dis�laued which contain phosphorus, and must post a notice advisin� that the use of such fertilizer within the Citv
22 of Saint Paul is restricted in accordance with this cha�ter.
23
Section 2
24 This ordinance is effective thiriy (30) days foilowing its passage, approval and publication.
Requested by Depariment of:
�
Form Approved by City Attomey
By: �
Adoption Certified by Council Secretary
BY� _ 1 \ �— . ��
Date
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Approved by Mayar for Submission to Council
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cz� courrc�L �oi�sio� GREEN SHEET No 113683
�a���&� � �
Councilmember Harris 266-8630 �,,,,,,,�,�, o ,,.�,�, a
MUST 8E ON COUNCIL AGH�4 BY (Q47Ej -
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� An ordinance regulating the use of lawn fertilizers containing phosphorus.
PLANNING COMMISSION
CIBCOMMITTEE �
C1VIL SERVICE COMMiSS10N
I�n'�:Id�ia�7
�IOUNT OF 7RANSACTION S
SOURCE
Flasthis pe�soNfirtn e.rerwwked under a corNact for this �lT
rES No
fies tnis v�soNfirm eoxr tcen a cay anpwyee't �
VES NO
Doea this peisorvhm� possess a sldll not namallYpossess¢d by any curteM city empbyee7
YES NO
Is fhis pnsonRrm atarpded verwb(J
YES NO
COSTIREVENUEBUDGESm(GRCLEON51 YES NO
ACTIVITYNUMBER
(EJ�WN)
_ YINNE50T4 BOARD OF
WATER AND SOIL
RESOURCES
NOFTHERN REGION
394 S Lake Ave., Room 403
Du7uth, MN 55802-2325
PHONE
(218) 723-2350
FAX
(218) 723-4794
❑ MINNESOTA BOARD OF
WATER AND SOIL
NESOUXCES
METRO REG�ON
One W Water St., Smte 200
St. Paul, MN 55107-2039
PHOfJE
(651) 215-1950
FAX
(651) 297-5615
❑ MINNESOTp B04ND OF
W4TEX AND SOIL
O 1 _ ����
A JOINT PROGROM OF .
Water
Resources
Education
Date: November 28, 2001
To: City Council Members, City of St. Paul, MN
UNIVERSITY
OF MINNESOTA
Extension ��
� �,.
From: Ron Struss, MN Board of Water and Soil Resources / UM Extension
Re: Recommendations on proposed lawn fertilizer ordinances
Of the three major plant nuh found in lawn fertilizer, nitrogen, phosphoms, and
potassium, two -- nitrogen and phosphorus -- cause water quality problems when
allowed to runoff after application. Phosphorus runoff causes problems by turning
local lakes and rivers green, and nitrogen runoff causes problems in the Gulf of
Mexico where nih Mississippi River water creates a"dead zone" where no
aquatic life can live (see attachment). It is estimated that 6% to 8% of the nitrogen
being delivered by the Mississippi River originates in Minnesota.
Because of these water resource problems, it is advisable that lawn fertilizers are
used only when needed and be applied in mamier that minimizes runoff.
The following are my comments on the proposed ordinances:
RESOURCES 1. The ordinances should be directed at lawn fertilizer in general, and not just lawn
SOUTHERN RE610N fertilizer containing phosphorus. That way the ordinances can also speak to
zei x�gnway is s proper management of niirogen lawn fertilizer (which almost all lawn fertilizer
New Ulm, MN 56073-8915
contains — it is what makes grass green up). Since proper management of
PHONE nitro en fertilizer sim 1 mvolves a 1 n nitro en at Universi of Minnesota
(507) 359-6090 g p Y PP Yx b g �3'
recommended rates and cleaning up spilled or overspread fertilizer, this can be
FAX
(so�� sss-6oia accommodated with very few changes in ordinance language.
2. 5ince organic fertilizer labeled 0% P is available, providing an exemption for
phosphorus containing organic fertilizers is not needed.
3. Since lazge turf areas do not always have access to irrigation, an exemption to the
requirement of watering in applied lawn fertilizer should be provided.
4. Education will be key to successful implementation of these ordinances. They
will very difficult to implement through regulatory enforcement. The city needs
to identify how education on the ordinances will be provided and financed.
Pen and ink edits that support the above comments are attached.
Please contact me at 651-215-1950 if you have any questions. Thank you.
�
Presented b�
Referred To
Committee Date
1 An ordinance regulating the use of lawn fertilizers
2 THE COUNCIL OF THE CITY OF SAIIdT PAUL DOBS ORDAIN:
�
SecGon 1
4 A new Chapter 237 of the Saint Paul Lep,islative Code is hereby enacted:
S ChantPr229 Ao..,,t�+;......rm___�___ . _ ___
a,,� fti� /�l:ss:ss:�,; Ipiv.�,r� wai-�.�5l,�d
6 Sec. 237.01. F' din s and Pu ose. 7'he Ci of Saint Paul and the State of Minnesota have conducted stud
7 and reviewed e istin data to determine the current and redicted water uali of various lakes and watersh<
8 within the Ci Data indicate that lake and watershed uali ma be maintained and im roved if the Ci is able
9 reQUlate the amount of lawn fertilizer and other chemicals enterinQ the lakes and other surface water as a result
10 stormwaterrunofforothercauses. The oseofth�sordmance�store latetheuseoflawnfertilizer
� 1^.��:,�,*.c to aid the Citv in manaeine and Drotectine its water resources
l2 Sec.237.02. Definitions.
4 Commercial annlicator is a verson firm comoration or entitv who is en2aee�
S fertilizer for hire and licensed under Cha ter 377 of the Saint Paul Le islative Code.
6 Fertilizer means a substance containin one or !
7 nutrientcontentanddesi�nedforuseorclaimedtohavev
a ammas orveeeiabiemanurestnatarenotmanipuiated ma
9 b�rule bv the Mmnesota Commissioner of A riculture
� 23oncommercial ap plicator is �
I commercia] lawn fertilizer a�olicator
� �ec.13"7.U3. Fertilizer content. No commercial a licator ornon-cc
i or renter, shall applv anv lawn fertilizer ]iauid or ranular within tt
� more tha_ n p��hos haD te (P O�], This nrohibition shall not�nlv to•
1
.,vun�u rue 3F
ol-II>)
Green Sheet #
I�
-2
4
8
9
10
11 the s�s,
12 i mper4
13 immed
14 underc
15 be noti:
16 wil] be
�
a. 1he naturailv occurrine Dhosnhorus in unadulterated�rrWrirr or anic�-� '„�:�.
vroducts such as vazd waste comnosr ,'
hJ✓1(,v..� w.ar. �,�,
b. Use on newiv established or develoned turf and lawn areas durin their first erowing
season
c. Turf and lawn areas which soil tests taken accordin to Universi f Minnesota
guidelines.and analvzed in a State of Minnesota certified laboratory confirm are
below nhomhorus leveis establ�shed bv the Universitv ofMinnesota In such cases
lawn fertil�zeraon$caUon shall notexceed theUniversifv ofMinnesotarecommended
annhcation rate forphocr�homus
T.,.._� .�l�'_'�.ro�eh a.,.�. �h��►e*. Ar^eC�i�s.
r .,,w ADD: Lawn fertilizers shall be applied at rates that do not provide nitrogen in excess of University of
Minne°sota recommended rates.
18 Sec.237.04. Saleoffertilizercontainin hos homs. ,
19 commercial establishment sellin or displavine anv lawn f
20 that is labeled to contain more than 0% nhosnhate !P O�
21 ord�sDlavedwhichcontainnhosnh�rus andmustnostanol
22 of Samt Paul is restricted in accordance with this cha ter.
23
Section 2
24 This ordinance is effective thirty (30) days following its passage, approval and publication,
�
Adoption Certified by Counci] Secretary
By: _
Approved by Mayor: Date
Requested by Depar6nent of:
�
Form Approved by City Attomey
By:
<
Approved by Mayor for Submission to Council
B
�
AdoQted by Cous�cil: Date
ORDI
OF SAINT !
��t�a
�+v ru�aa 1' ll4 T}
GreenSheet� �
�
Referred To '
Committee Date
1 An ordinance amending Saint Paul Legislative Code Cha ter 377 ��� K �
2 � �rehibit the use o^ rtilizers c�
3 THE COUNCIL OF THE CITY OF SAINT pAUL DOES ORDAIN:
Section 1.
5 Chapter 377 of the Saint Paul Legislative Code is hereby amended to read as follows:
6 Sec. 377.01. Definitions.
/uyr�
For the purposes of this chapter, ihe terms defined in this section have the meanings ascribed to them:
� Person means any person, firm or corporation engaged in the business of lawn fertilizer or pesticide
9 applications and includes tt�ose persons licensed by the State of Minnesota pursuant to Minnesota Siatutes, Section
10 18A-21 et seq.
i 1 Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling or
t 2 mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or
l3 desiccant. It atso means any chemical or combination thereof registered as apesticide with the U.S. Environmental
! 4 Protection Agency, any agency later assuming registration in the U.S. federal government, the State of Minnesota
I S Agricultw-ai Department, or any other State of Minnesota govemment agency.
6 Sec. 3�7.02. License required; council approval.
(a)
@)
No person shall engage in the business of lawn fertilizer or lawn pesticide application in Saint Paul without
a license issued by the City of Saint Paul.
All city programs forpesticide use shall be reviewed and approved by ihe city council prior to any application
upon city property.
Sec. 377.03. �ee.
The fee required for a license shall also be established by ordinance as specified in section 310.09(b) of the
Saint Paui Legislative Code.
2 All oflicensee's employees ach�ally engaged in lawn pesticide applications shall be duly Iicensed by i�he State
3 of Minnesota and shall be trained and qualified in ihe proper methods of handling and applications of pesticides.
4 Satisfactory evidence that such employees aze licensed by the state shatl be maintained on file in the office of the
5 licenseinspector.
6 Sec. 377,05. Division of health.
� The D'uectoroftheOfficeofLicense Insnections
8 and Environmental Protection orhis/her desi r� is directed to monitor the heatth and safety effects ofthe chemica[
9 appiications to lawns and to advise the city council of any suspected hazards or violations.
10 Sec. 37�.06. Class I ticense.
11 The license granted pursuant to the provisions of this chapter is designated as a Ctass � R license, subject to
12 the procedures a�licable ��f'i�ss 3 F I��enSes �i:;, Cl;a�.er 3 i0.
13 Sec. 377.07. Pesticide applicarions; posting.
All persons who apply pesiicides outdoors are required to post or affix wazning signs on the street frontage
of the property so treated. The waming signs must protrude a minimum of eighteen (18) inches above ihe top of the
grass line. The waming signs must be of a material rain-resistant for at least a forty-eight-hour period and must
remain in place for at least a forty-eight-hour period or longer if the human re-entry interval prescribed in the
pesticide label specifies a longer hourly or daily interval. The information printed on the sign must be printed in
contrasting coIors and capitaIized letters at Ieast one-half inch or in another format approved by the commissioner
of agriculture, and shall provide the folIowing information:
�j)
�2)
The name ofthe company applying the pesticide or, if not a company, the name ofthe person having
done the application
The foIIowing language:
"This area chemically treated. Keep children orpets offuntil (date of safe entry--at least forty-
eight (48) hours after application or lonoex if sgQC en �e�ti�;�� ?ahel}" .
or a universally accepted symboi and text approved by the commissioner of agriculture specifying a
date of safe enhy as specified herein. The warning sign may include the name of the pesticide used.
28 The sign shall be posted on the lawn or yazd no closer than two (2) feet &om the sidewalk or right-of-way and no
29 frn�ther than five (5) feet from t(ie sidewalk or right-of-way.
30
31 Sec. 371.08. Fertilizer Content. No erson licensed under this cha ter shalt a I an lawn fertitizer li uid or
32 granuIat within the Citv of Saint Paul that is labeled to contain more than 0% vhosphate (P 0 This prohibirion
33 shal2 not aDOiv to•
`�
,
9
Y
_ �.,., „ a�u,a„�uccumne nnos�horus in unadulterated �ui�].or or�anj����,]�� �/� ({ I
. produets such as vard waste comnost ,� 99 t!
� dh �►�1M'IM�l�� f/
b. Use on newl established or develo turfand lawn areas durin their first owin
season:
5 �-
6
7
8
9
10 La
11 the soii w }
12 imnerviou
13 immediate
14 undercond
IS benotified
Turf and lawn areas which soil tests taken accordin to Universi - of Minnesota
guideIines and analvzed in a State of Minnesota certified labora#orv confirm are
beIow nhosnhorus leveis established bv the Umversitv of Minnesota In such cases
lawnfeml�zera IicahonshallnotexceedtheUmversi ofMinnesotarecAmmended
analicatinn.�a+a f�r,a,.,�..ti,._,..._
I'I:tyVy�✓� G n fJ�
3 6 will be used the amount to be used and ihe reason for its a W lication.
_ .; ADD: Lawn fertilizers shall be appiied at rates that do not provide nitrogen in excess of University of
j 7 Minnesota recommended rates.
18 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.
����. —
Benanav
Bostrom
Coleman
Harris
Lantry
Reiter
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Requested by Departrnent of:
�
Form Apptoved by Ci Attomey �
By: (
-�<
Approved by Mayor for Submission to Council
ay:
Scientific American:Science and the Citizen: In Focus: Death in the Deep: November 1997
DEATH IN THE DEEP
"Dead aone" in the Gulf of Megico challenges regulators
Page 1 of 3
D �' � 1 �
Every spring something goes wrong with the water chemistry in a vast region of the Gulf of
Mexico. Oxygen concentrations in the lower part of the water column pluuunet to a small
fraction of normal, sometimes reaching undetectable levels. The suffocating blanket kills or
drives away some fish and most bottom dwellers, such as shrimp, snails, crabs and stazfish. In
the worst-affected areas, the bottom sediment turns black. The so-called hypoxic zone has
grown lazger in recent years and is now a long tongue the size of Hawaii that licks along the
Louisiana coast.
The cause of the phenomenon is no mystery. The
Mississippi River, one of the l O lazgest in the world,
dumps 580 cubic kilometers of water into the Gulf every
year; its drainage basin encompasses 40 percent of the
land azea of the contiguous 48 states. Studies of water
samples, sediments from the seafloor and other data
show that the amount of dissolved nitrogen in the
outflow of the Mississippi and the adjacent Atchafalaya
has trebled since 1960. Phosphorus levels have doubled.
These elements, present in forms on which single-celled
organisms can feed, stimulate the growth of
phytoplankton neaz the sea surface, which provide food
for unicellular animals. The planktonic remains and
fecal matter then fall to the ocean floor, where bacteria
devour them, consuming oxygen as they do so.
The process, Irnown as eutrophication, is familiar to
marine and estuarine scientists. Similar episodes have
been recorded in partially enclosed seas and basins
azound the globe: the Chesapeake Bay, the Baltic Sea, ��� �
the Black Sea and the Adriatic Sea, among others. But
the CTUlfs eutrophic region is the biggest in the Western zONE OF LOw O�GEN (yellow) in
the Gulf of Me�co has grown to extend
Hemisphere. Moreover, it lies in a region that provides over 5,500 squaze miles.
the U.S. with more than 40 percent of its commercial
fisheries. R. Eugene Turner of Louisiana State University, who together with Nancy N.
Rabalais of the Louisiana Universities Marine Consortium pioneered the study of the
phenomenon, says fishermen and shrimpers are blaming the hypoxic zone for declines in
their catch.
http://www.sciam.com/1197issue/1197infocus.html 11l28/2001
Scientific American:Science and the Citizen: In Focus: Death in the Deep: November 1997 Page 2 of 3
Environmentalists have dubbed the region the "dead zone;' a label that overlooks the fact that
life is certainly present--but life of the wrong sort. The sea surface may look normal, but the
bottom is littered with dead or visibly distressed creatures. In extreme hypmcia it is covered
with mats of stinlflng, sulfur-oacidizing bacteria, according to Rabalais. The hypoxic zone
grows more pronounced de�ng the snimner but is dissipated by storms and disperses in the
fall.
Rabalais, Turner and others have published detailed papers documenting the association
between nitrogen levels in the Mississippi, the rate at wluch algae called diatoms accumulate
on the seafloor and the hypo�cic conditions. "We've studied sediment cores," Turner says,
"and we ha�e water-quality data from the Gulf for 20 yeazs--good data for 14 years." Good
water-quality data for the Mississippi goes back fiirtl�er, to the mid-1950s. Rabalais and
Turner have also compared the chemishy of the river with that of other large rivers azound
the world.
Their work has satisfied most oceanographers that there is indeed a direct link between
dissolved nutrients, principally nitrogen, the hypoxia in the lower water column and the
ecological changes. "I l�ow the linkages," Rabalais asserts. Few seem inclined to dissent.
"They've done a good job," agrees Robert W. Howarth of Cornell University. "The ecological
changes are definitely due to hypo�a, and the hypo�a is cleazly due to elevated nutrients."
Rabalais and Turner's work pinpoints as a crucial variable the ratio of nitrogen to silicate
(from minerals) in the Mississippi outflow. As the amount of nitrogen has increased
compazed with the amount of silicate, which is slowly declining because of planktonic
activity upstream, overall production of plankton in the Gulf has increased. Hypoxia is the
result. More alamiing changes could be in store. Rabalais suspects the changing nuhient
balance might start to benefit noxious flagellate protozoa at the expense of the less hazmful
diatoms. ToaZC algal blooms aze indeed becoming more common in the Gulf, as they aze in
polluted coastal regions azound the world. "We aze concerned that future nutrient changes
could make it worse," Tumer says.
The GuIf hypoxic zone represents a grand cfiallenge for environmentat poIicy. The exact
geographic origin of the excess nitrogen is a matter of contention. According to the U.S.
Geological Survey, most of it-56 percent--is from fertilizer runoff. The biggest contributor,
the agency estimates, is the upper Midwest, especially the Illinois basin. Another 25 percent
of Mississippi nitrogen is from animal manures. Municipal and domestic wastes, in contrast,
account for only 6 percent. "Nitrogen loading has gone up coincidentally with fertilizer use,"
Turner atiinns.
The suggestion that America's breadbasket is the cause of the Gulfs problems has not gone
over well with agricuIturaI interests. Turner maintains, however, that the observed effects in
the Gulf could be explained by just 20 percent of the fertilizer used in the Mississippi basin
draining into the river. New techniques far applying fertilizer hold out the hope of reducing
_ ,,, „
runoffwithout sacnficuig crop yields. " °
Efforts getting under way to study and perhaps control the hypo�c zone "break new ground,"
says Don Scavia, head of the coastal ocean program at the Nafional Oceanic and Atmospheric
Administrafion (NOAA) and head of an interagency working group on the hypo�c zone.
"The scale of the issue drives it--it is nutrients from 1,000 miles away." NOAA, together with
the Environmental Protection Agency, has funded research on hypoxia in the Gulf for several
http:!/www.sciam.com/1197issue/1197infocus.html 11/28/2001
Scienrific American:Science and the Citizen: In Focus: Death in the Deep: November 1997 Page 3 of 3
yeazs.
b��r � � l
The Mississippi River Basin Alliance and the Gulf Restorarion Network, bodies representing
users of the land on one hand and of the sea on the other, have joined forces to seek
reductions in nitrogen runoff. "Sludies won't reduce nutrient loading in the Mississippi
River," says C�nthia M. Sarthou of the Gulf Restoration Network. Sarthou states that her
organization is looking for ways to encourage voluntary reductions by fatmers. The alliance,
in contrast, is targeting nonfartn sources. "Some farmers say it's people versus fish; ' notes
Suzi Willans of the Mississippi River Basin Alliance. "It's actually farmers versus
fishermen."
This past summer agencies launched a far-reaching economic and technical examivation of
the Gulf hypoxic zone. The aim is to fmd out about its detailed dynamics, its likely
consequences and what remedies might be most effective. The study will adjust for the fact
that conventional accounting techniques tend to undervalue the benefits of natural resources,
Scavia explains.
The goal is to learn what sacrifices might be worthwhile to restare the region's ecological
health. One effort will hy to nail down scientifically the quesrion of whether the hypoxia has
really caused declines in fish and shrimp catches, as opposed to overfishing, for example.
"We should not rely on anecdote," warns Andrew Solow of the Woods Hole Oceanographic
Institution. Another segment of the study will use computer modeling to esrimate the effects
of reductions in nitrogen use. Such reductions are only one possible approach to control,
Scavia points out. He suggests that buffer ships of wetland, created to serve as a barrier near
the river, might be able to absorb some excess nitrogen.
The scientific assessment is due to be complete in 18 months. But already a management
group is looking at measures that could be initiated sooner. "We'll look for win-win solutions
within the next two months," Scavia declazes. "This can't wait."
--Tim Beardsley in Washington, D.C.
http:Jfwww.sciam.comi1197issuei1197infocus.html 11/2812001
Hypoxia in the Gulf of Mexico
Hypogia in the Gulf of Megico
What's New - Nitrogen in the Mississippi Basin Fact-Sheet Available
Page 1 of 2
��,l�i i
A USGS Fact-Sheet entitled Nitrogen in the Mississippi Basin--Estimating Sources and Predicting
Flux to the Gulf of Me�co is now auailable on the USGS web site. This Fact-Sheet provides a
suimnary of unportant results from the CENR Topic 3 report and from more recent analysis of the
relations between the flus of nutrients from the Mississippi River and the extent of the hypoxic
zone in the Gulf of Mexico. Paper copies all also available from the authors: wbattagl(�a,usgs.gov
Hypoxia Assessment Reports Available
The CENR Topic 3 report entitled Flux and Sources of Nutrients in the Mississippi-Atchafala�
River Basin is now available on the USGS web site as a PDF file. This is one of six reports
prepazed for the White House Office of Science and Technology Policy as part of a science
assessment of hypoxia in the Gulf of Mexico. Go to the National Ocean Service home roaee for
more information.
What is hypoxia?
H�poxia in the Gulf of Mexico refers to an area along the Louisiana-Texas coast in which water
near the bottom of the Gulf contains less than 2 parts per million of dissolved oxygen. Hypoxia
can cause stress or death in bottom dwelling organisms that can't move out of the hypoxic zone.
What is the USGS role in the hypogia issue?
The USGS operates streamflow and water quality monitoring starions throughout the Mississippi
River Basin. Current and historical data from these stations aze being used by USGS scientists as
part of a science assessment to better understand the causes and consequences of hypoxia in the
Gul£ The science assessment is being conducted by the Committee on Enviroxunent and Natural
Resources CENR . Specifically, the USGS through its Toxics Pro ram and National Stream
Quality Accounting Network (NASOAN�program is addressing two questions. 1) What aze the
loads and sources of nutrients delivered to the Gulf of Mexico? Z) What is the relative unportance
of specific huxnan activities such as agriculture, atmospheric deposirion, and point source
discharges in contributing these nutrients? QDownloadable Power Point Presentation
_>
■ Graphics
o On-Line Re�orts
http://wwwrcolka.cr.usgs.gov/midconherb/hypoxia.html 11/28/2001
Hypoa�ia in the Gulf of Mexico
! Abstracts
o Biblio�raohv
i CENR hvnoxia assessment
4Important links to other sites
� Data Sets (Under construction)
Page ?,.of 2
If you would like more information about the sources and transport of nutrients in the Mississippi
River Basin, please contact:
Donald Goolsby
U.S. Geological Survey, WRD
Box 25046, MS 406
Building 53, Wing F-1200
Denver Federal Center
Denver, CO 80225
�oolsbvna,us2s.QOv
WRD home �a�e �Midcontinent Aerbicide home roaee �
URL: http://wwwrco[ka.cr.usgs.gov/midconherb/hypoxia.html
Maintainer. wbattagl@usgs.gov
Last modified: WED June 20, 2001
http://wwwrcolka.cr.usgs.gov/midconherb/hypoxia.html 11/28/2001
� ` 'M
pl - t\\1
�
Statement on a Lawn Phosphorus Fertilizer Ordinance
for the St. Paul City Councii
November 28, 2001
Les Everett
Extension Program Coordinator
Water Resources Center, University of Minnesota
173 McNeal Hall
1985 Buford Ave.
St. Paul, MN 55108
612-625-6751
I would like to state my support for a city ordinance (and state legislation)
regu{ating the app{ication of phosphorus fertilizer on urban 4awns.
1. Urban lawns are a source of phosphorus in runoff water. Surface application
of excess fertilizer combined with excess water from irrigation, rain augmented
with roof runoff, and probably snow-melt will deliver phosphorus directly to
adjacent streets and storm sewers. This has been confirmed by recent research
at Texas A&M University and others (references enclosed). Grassland, including
turt, can be an excellent buffer, absorbing rain and nutrients, however, when
overloaded with phosphorus and saturated with water, it becomes a source of
phosphorus in runoff.
2. Other sources of urban storm water phosphorus have been identified, such as
leachate from dead tree leaves, road grit, and construction erosion. This
indicates that we need a comprehensive approach to urban storm water
phosphorus reduction, including education about best management practices
along wiih appropriate regulations.
3. I am a resident of St. Paul and participate in the St. Paul District 10
Environment Cammittee. We ase attempting to improve the condition of Como
Lake, where the water quality has been severely degraded by phosphorus
loading. The City of St. Paui, as welf as Minneapofis, was recentiy required to
obtain a storm water permit through a suit brought under the federal Clean Water
Act. Under that federai NPDES permit the City must develop and implement a
storm water management plan that wi41 reduce phosphorus loadings. Our
comr�ittee, as well as other organizations in the two cities, requested a
phosphorus fertilizer ordinance as part of the impiementation plan to help reduce
loadings. We also requested more frequent street sweeping in the Como Lake
watershed to prevent phosphorus-containing materials from entering storm
sewers.
i ., . _
��-!! t t
4. The functions of the fertiiizer ordinance would be to:
a. Increase the availability and visibility of phosphorus free fertilizer at all refail
outiets seliing lawn fertilizer. It has not aiways been availabie, nor has it been so
identified.
b. Make it known to retailers, commercial applicators, and lawn owners thaf
phosphorus should be appiied only as need is demonstrated (ie. soil test), and
not as routine blanket coverage ofi signifcant amounts of phosphorus irrespective
of soil phosphorus status. Application af a high-phosphorus "winterizer' fertilizer
is an example of a poor practice currently encouraged by commercial interests.
c. Emphasize that fertilizer must be applied in measured amounts per unit area,
and that fertilizer out of place {ie. left on streets and sidewalks) goes directly to
lakes and rivers.
5. Regu{ations, to be successful, must be designed with the user in mind. The
proposed St. Paul ordinance would require notification of a city office before
phosphorus fertilizer is applied. Instead, I prefer the approach used in the state
feedlot rufes: prescribe conditions of use, require that a record of soil tests be
kept if phosphorus is applied, and invoive city offices only if there is a complaint.
The primary objective is awareness and validation of a standard, not more
bureaucracy.
6. Finally, I coordinate farmer education programs that attempt to reduce
poliution to Minnesota's surFace and ground waters. Farmers believe that they
are being asked to shoulder all of the blame and regulation regarding application
of nutrients. They state that urban lawn owners are allowed unlimited use of
fiertilizer and chemicais, and that these practices result in poflution. We wil{ not
clean up lakes and rivers unless there is both perception and reality that
everyone who is contributing to the problem wiil contribute to the solution.
Thanks for your attention.
References:
Respanse of Tusf and Quality of Water Runoff to Manure and Fertilizer. J.E.
Gaudreau, R.H.1Nhite, D.M. Vietor, T.L. Provin, and C.L. Munster. Journal of
Environmentai Quality Voi. 31 (In press for 2002)
Nutrients and Sediment in Runoff from Creeping Bentgrass and Perennial
Ryegrass Turfs. D. T. Linde and T. L. Watschke. Journal of Environmentai
Quality Vol. 26: 1248-1254 (1997)
Relationship between Phosphorus Levels in Three Ultisols and Phosphorus
Concentrations in Runoff. D.H. Pote, T.C. Daniel, D.J. Nichols, A.N. Sharpley,
P.A. Moore, Jr., D.M. Miiler, and D.R. Edwards. Journal of Environmental Quality
Vol. 28: 170-175 {1999)
��-����
Responsible Industry for a Sound Environment
November 28, 2001
RE: PROPOSED PHOSPHORUS ORDINANCE Ol-llll
Dear Council Member:
I am Christopher Riley, General Counsel and Secretazy of McLaughlin Gormley King Company
("MGK"). MGK is a privately held specialty chemical manufacturer doing business in
Minnesota since 1902. We have manufacturing plants in Minneapol'as (near the University
campus) and in Chaska, and our laboratory and administrative office is in Golden Valley,
Minnesota. MGK specializes in the development, registration and marketing of high value insect
control products, or pesticides. MGK is a member of RISE, which stands for Responsible
Industry for a Sound Environment I am pleased to testify today on behalf of RISE and its other
member companies. RISE is opposed to the proposal to amend the Saint Paul Legislative Code
by creating Chapter 237. We understand that the fixll Council plans to vote on this proposal on
Wednesday, December 5, 2001.
Statement of Interest
RISE is a national not-for-profit trade association representing over 160 producers and suppliers
of specialty pesticide and fertilizer products. Established in 1991, RISE serves as a resource on
pesticides and £ertilizers and provides cunent and accurate information on issues and research
affecting the specialty industry. RISE member companies manufacture over 90 percent of
domestically produced specialty fertilizer for turf and gardens. RISE members are very
concemed about the proposed ordinances in Saint Paul. The fertilizer products our members
produce will be greatly impacted by the ordinance.
Our Comments concerning Chapter 237
Efforts to ban phosphorus from lawn fertilizers in St. Paul and elsewhere in Minnesota have a
certain simplistic appeal. Who could azgue, after all, with an effort to protect water quality?
Additionally, the measure has no direct financial cost for city residents. We ask you to consider,
however, that the proposed ordinance is contrary to scientific evidence on water quality, may
actually contribute to lower water quality in the city, and is contrary to Minnesota law.
The purpose of this ordinance is articulated in Sec. 237.01. Findinas and Purpose. "Data
indicates that lake and watershed quatity may be maintained and improved if the City is able to
regulate the amount of lawn fertilizer and other chemicals entering the lakes and other surface
water as a result of storm water runoff or other causes." The ordinance acknowledges, however,
that when properly applied, fertilizer does run off in water. Sec. 237.03, "Fertilizer Content"
�
provides: "that phosphorus applied as a lawn fertilizer ...shall be watered into the soil where it
is immobilized and generally protected from loss by runoff." (Emphasis added). The
ordinance, while seeking to ban fertilizers, nonetheless recognizes that properly applied lawn
fertilizer binds to the soil and is protected from runoff in groundwater.
This important point is exactly what the vast majoriry of university reseazch demonstrates.
Properly applied tawn fertiliZer is not a significant source of soluble phosphorus. In a widely
used university textbook - the 5` Edition of Soil Fertilitv and Fertilizers: by Tisdale, Beaton,
Nelson and Havlin it states that inorganic phosphorus from fertilizer reacts with the soil and will
travel less than 5 centimeters. Recent reseazch by, Dr. Wayne Kussow, of the University of
Wisconsin-Madison has demonstrated that the vast majority (>80%) of the soluble phosphorus in
runoff from riu grass is organic phosphorus that leached out of the dead vegetation when it was
frozen�. That means that the majority of soluble phosphorus in the runoff from turf grass was
collected during the winter.
Dr. Kussow's research has also demonstrated that over a six-year perxod an acre of fertilized
grass losses an average of 0.301bs. of organic phosphorus per year in the runoff. Over the same
tune period, an acre of unfertilized grass losses an average of 0.421bs. of organic phosphorus per
yeaz in the runof£ Every year, the unfertilized grass losses an additiona10.121bs. of organic
phosphorus to the watershed ttu�ough runoff.
Dr. Kussow's research demonstrates that thick healthy grass (fertilized) has less environmental
impact in terms of organic phosphorus than does unfertilized turf grass. According to this
reseazch, an appropriately implemented fertilization program will improve water quality the City
of Saint Paul. It also follows that a ban on such fertilizers may contribute to phosphorous runoff,
making worse the very problem that the ordinance seeks to address.
We also suggest that the Council consider phosphorous from other sources. One adult
goose will excrete 0.861bs. of phosphorus per year into the watershed. If we assume an
average lawn in Saint Paul is 8,000 squaze feet, one adult goose will contribute as much organic
phosphorus as 15 fertilized lawns or 11 unfertilized lawns each year. Some studies suggest that
geese aze responsible for over 50% of the annual phosphorus load on each lake. Thus, efforts to
control geese populations may do more for water quality than a ban on fertilizers.
While the title of this ordinance indicates that it addresses phosphorus fertilizer issues, the
Council should be aware that the ordinance will also restrict and regulate the use of pesticide
products for lawn care. Many specialty fertilizer products also contain pesticides. These are
known as "combination products" in the specialty industry.
Minnesota law prohibits local regulation of pesticide product sales and use. Minnesota Statutes
section 18B.02 states `Bxcept as specifically provided 'an this chapter, the provisions of this
chapter preempt ordinances by local governments that prohibit or regulate any matter relating to
the registration, labeling, distribution, sale, handling, use, application, or disposal of pesticides.
It is not the intent of this section to preempt local responsibilities for zoning, fire codes or
hazardous waste disposal"
The State of Minnesota regulates pesticide products and their uses, including applicator
certification. We believe it is clear that additional regulation of products and uses at the local
level is not only unnecessary and duplicative, but may be harmful to Minnesota's waters and is
counter to Minnesota State law. If a combination specialty fertilizer product contains both
phosphorus and a pesticide, and most of them do, it would be a registered pesticide and by
Minnesota state law cannot be regulated by a local ordinance.
��.�R��
Before you vote to approve this ordinance, RISE would strongly urge the Council to take the
time to do a thorough review of all the available scientific literature, consult with turf grass
specialists, soii scientists and agronomists from around the country, including experts from the
University of Minnesota Extension Service. Once you have gather a11 the facts we believe you
will discover that there is no scienrific justification for a phosphorus ban and thus no need for
this ordinance.
In addition, there is cleazly no evidence supporting the preferential treatrnent of naturally
occurring phosphorus products. It is well known in the fertilizer industry that organic sources of
phosphorus aze slower to react with the soils and are therefore more susceptible or available for
storm water runoff than inorganic sources. Once again, this ordinance could, contrazy to its
stated purpose, contribute to phesphorous runoff.
There are a number of positive programs the Council can implement to improve water quality.
We wouid be pleased to help identify constructive projects such as spring street sweeping,
composting or efforts to educate consumers on appropriate use of fertilizer pzoducts. RISE
would prefer to work cooperatively with City Officials and provide additional information and
assistance. RISE members aze also interested in good water quality and a clean environment.
I appreciate the opportunity to provide written testimony on behalf of RISE and thank you in
advance for your consideration.
Sincerely,
� �,
Christopher J. iley �
General Counsel and Secretary
McLaughlin Gormley King Company
RTSE
Responsible Industry for a Sound Environment�
ll 56 I S"' Street, NW; Suite 400
Washington, DC 20005-1704
(202)872-3845
Footnotes:
1- "Contributions of Nitrogen and Phosphorus to Surface and Groundwater from a
Kentucky Bluegrass Lawn": Dr. Wayne Kussow, University of Wisconsin-Madison
R�c�C ;`,� � a,g a�Q1 CouncilFile# p�..��11
��
Green Sheet # l l3 G g3
.�
Presented
Referred To
OF
Committee Date
An ordinance regulating the use of lawn fertilizers containing phosphorus
2 THE COLJl�iCIL OF THE CITY OF SAINT PAi3L DOES ORDAIN:
Section 1
4 A new Chapter 237 of the Saint Paul Legislative Code is hereby enacted:
5 Chapter 237. Regulation of Phosphorus Lawn Fertilizers.
�5
6 Sec. 237.01. Findings and Purpose. The Citv of Saint Paul and the State of Minnesota have conducted studies
; and reviewed existin�data to determine the current and predicted water qualitv of vazious lakes and watersheds
8 within the Citv. Data indicate that lake and watershed qualit ��may be maintained and improved if the Citv is able to
9 reg_ulate the amount of lawn fertilizer and oflier chemicals entering the lakes and other surface water as a result of
10 storm water runoff or other causes. The purpose of this ordinance is to reeulate the use of lawn fertilizers containing
11 uhosphorus to aid the Citv in manatine and nrotectin� its water resources.
12 Sec.237.02. Definitions.
13 For the purposes of this chapter, the terms used in this chapter have the meanines defined as follows:
14 Commercial apvlicatar is a person. firm, corporation or entitv who is engaeed in the business of applving
15 fertilizer for hire and licensed under Chapter 377 of the Saint Paul Leeislative Code.
16 Fertilizer means a substance containine one or more recoenized plant nutrients that is used for its plant
17 nutrient content and desiened for use or claimed to have value in promotingplant erowth. Fertilizer does not include
18 anunal or veeetabie manures that aze not manipulated, marL lime, limestone and otherproducts specificallv exempted
14 by rule by the Minnesota Commissioner of A�riculture.
20 Noncommercial applicator is a uerson who aprolies fertilizer whether or not for hire, but who is not a
21 commercial lawn fertilizer applicator.
than
r�
other
22 os e is hosphorus content of fertilizers. It is expressed
23 as the chemical formula P The phosphorus LPl content of a fertilizer is 43 percent of its phos hp ate (P,O� content.
NES A
�
24
25 Sec. 237.03. Fertilizer content. No commercial applicator or non-commercial a�plicator, inciudin� a homeowner
26 or renter, sha11 ap�lv any lawn fertilizer, lic�uid or aranular, within the City of Saint Paul that is labeled to contain
27 more than 0% phosphate (P O This prohibition shall not ap�lv to:
�
7
10
11
12
13
14
15
16
17
The naturallv occurrin��hosphorus in unadulterated natural or organic fertilizing
products such as vazd waste compOSt; �, _����
b. Use on newly established or developed turf and lawn areas durin¢ their first ��
season;
c. Turf and lawn areas which soil tests taken accordin� to Universitv of Minnesota
�uidelines and analvzed in a State of Minnesota certified laboratory confirm aze
below phos�horus levels established bv the Universitv of Mimiesota. In such cases.
lawnfertilizerapplication shall not exceedthe University ofMinuesotarecommended
apnlicarion rate for phos�orous.
Lawn fertilizers containiug phos�horus applied pursuant to the above-listed exceptions shall be watered into
the soil where the phosrohorus can be immobilized and e�allv protected from loss by runofF. Fertilizer anplied to
impervious services. such as sidewalks, drivewavs and streets is to be removed b�ping or other means
immediatelv after fertilizer application is completed. Fertilizer is not to be a�plied to frozen soil, saturated soil or
underconditionsofunpendingheawrainfall. TheOfficeofLicense.InsoecrionsandEnvironmentalProtectionshall
be notified at least 24 hours �rior to the application of anv lawn fertilizer containine vhosphorus that such fertilizer
will be used, the amount to be used and the reason for its application.
18 Sec. 237.04. Sale of fertilizer containing phosphorus. Anyperson. organization, firm, cor�oration, franchise or
19 commercial establishment sellin or displavin�anv lawn fertilizer, li uid or tranular, within the Citv of Saint Paul
20 that is labeled to contain more than 0% phosphate (P O�) shall be required to cleazly identify those fertilizers sold
21 or dis�laued which contain phosphorus, and must post a notice advisin� that the use of such fertilizer within the Citv
22 of Saint Paul is restricted in accordance with this cha�ter.
23
Section 2
24 This ordinance is effective thiriy (30) days foilowing its passage, approval and publication.
Requested by Depariment of:
�
Form Approved by City Attomey
By: �
Adoption Certified by Council Secretary
BY� _ 1 \ �— . ��
Date
�
� �"��' — .
Approved by Mayar for Submission to Council
�
t S . �� V
S
P! f�LIStiE�� ;
1� �
Adopted by Council: Date �,.� .� a-a e�
�
r , oErnRrn�nrrro�ic�cou�ca . . _ on�waw�o._ D�_�\\\\ .
cz� courrc�L �oi�sio� GREEN SHEET No 113683
�a���&� � �
Councilmember Harris 266-8630 �,,,,,,,�,�, o ,,.�,�, a
MUST 8E ON COUNCIL AGH�4 BY (Q47Ej -
I1�SI611
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' TOTAL # OF StGNATURE PAGES {CUP ALL LUCATIONS FOR SIGNATURE)
� An ordinance regulating the use of lawn fertilizers containing phosphorus.
PLANNING COMMISSION
CIBCOMMITTEE �
C1VIL SERVICE COMMiSS10N
I�n'�:Id�ia�7
�IOUNT OF 7RANSACTION S
SOURCE
Flasthis pe�soNfirtn e.rerwwked under a corNact for this �lT
rES No
fies tnis v�soNfirm eoxr tcen a cay anpwyee't �
VES NO
Doea this peisorvhm� possess a sldll not namallYpossess¢d by any curteM city empbyee7
YES NO
Is fhis pnsonRrm atarpded verwb(J
YES NO
COSTIREVENUEBUDGESm(GRCLEON51 YES NO
ACTIVITYNUMBER
(EJ�WN)
_ YINNE50T4 BOARD OF
WATER AND SOIL
RESOURCES
NOFTHERN REGION
394 S Lake Ave., Room 403
Du7uth, MN 55802-2325
PHONE
(218) 723-2350
FAX
(218) 723-4794
❑ MINNESOTA BOARD OF
WATER AND SOIL
NESOUXCES
METRO REG�ON
One W Water St., Smte 200
St. Paul, MN 55107-2039
PHOfJE
(651) 215-1950
FAX
(651) 297-5615
❑ MINNESOTp B04ND OF
W4TEX AND SOIL
O 1 _ ����
A JOINT PROGROM OF .
Water
Resources
Education
Date: November 28, 2001
To: City Council Members, City of St. Paul, MN
UNIVERSITY
OF MINNESOTA
Extension ��
� �,.
From: Ron Struss, MN Board of Water and Soil Resources / UM Extension
Re: Recommendations on proposed lawn fertilizer ordinances
Of the three major plant nuh found in lawn fertilizer, nitrogen, phosphoms, and
potassium, two -- nitrogen and phosphorus -- cause water quality problems when
allowed to runoff after application. Phosphorus runoff causes problems by turning
local lakes and rivers green, and nitrogen runoff causes problems in the Gulf of
Mexico where nih Mississippi River water creates a"dead zone" where no
aquatic life can live (see attachment). It is estimated that 6% to 8% of the nitrogen
being delivered by the Mississippi River originates in Minnesota.
Because of these water resource problems, it is advisable that lawn fertilizers are
used only when needed and be applied in mamier that minimizes runoff.
The following are my comments on the proposed ordinances:
RESOURCES 1. The ordinances should be directed at lawn fertilizer in general, and not just lawn
SOUTHERN RE610N fertilizer containing phosphorus. That way the ordinances can also speak to
zei x�gnway is s proper management of niirogen lawn fertilizer (which almost all lawn fertilizer
New Ulm, MN 56073-8915
contains — it is what makes grass green up). Since proper management of
PHONE nitro en fertilizer sim 1 mvolves a 1 n nitro en at Universi of Minnesota
(507) 359-6090 g p Y PP Yx b g �3'
recommended rates and cleaning up spilled or overspread fertilizer, this can be
FAX
(so�� sss-6oia accommodated with very few changes in ordinance language.
2. 5ince organic fertilizer labeled 0% P is available, providing an exemption for
phosphorus containing organic fertilizers is not needed.
3. Since lazge turf areas do not always have access to irrigation, an exemption to the
requirement of watering in applied lawn fertilizer should be provided.
4. Education will be key to successful implementation of these ordinances. They
will very difficult to implement through regulatory enforcement. The city needs
to identify how education on the ordinances will be provided and financed.
Pen and ink edits that support the above comments are attached.
Please contact me at 651-215-1950 if you have any questions. Thank you.
�
Presented b�
Referred To
Committee Date
1 An ordinance regulating the use of lawn fertilizers
2 THE COUNCIL OF THE CITY OF SAIIdT PAUL DOBS ORDAIN:
�
SecGon 1
4 A new Chapter 237 of the Saint Paul Lep,islative Code is hereby enacted:
S ChantPr229 Ao..,,t�+;......rm___�___ . _ ___
a,,� fti� /�l:ss:ss:�,; Ipiv.�,r� wai-�.�5l,�d
6 Sec. 237.01. F' din s and Pu ose. 7'he Ci of Saint Paul and the State of Minnesota have conducted stud
7 and reviewed e istin data to determine the current and redicted water uali of various lakes and watersh<
8 within the Ci Data indicate that lake and watershed uali ma be maintained and im roved if the Ci is able
9 reQUlate the amount of lawn fertilizer and other chemicals enterinQ the lakes and other surface water as a result
10 stormwaterrunofforothercauses. The oseofth�sordmance�store latetheuseoflawnfertilizer
� 1^.��:,�,*.c to aid the Citv in manaeine and Drotectine its water resources
l2 Sec.237.02. Definitions.
4 Commercial annlicator is a verson firm comoration or entitv who is en2aee�
S fertilizer for hire and licensed under Cha ter 377 of the Saint Paul Le islative Code.
6 Fertilizer means a substance containin one or !
7 nutrientcontentanddesi�nedforuseorclaimedtohavev
a ammas orveeeiabiemanurestnatarenotmanipuiated ma
9 b�rule bv the Mmnesota Commissioner of A riculture
� 23oncommercial ap plicator is �
I commercia] lawn fertilizer a�olicator
� �ec.13"7.U3. Fertilizer content. No commercial a licator ornon-cc
i or renter, shall applv anv lawn fertilizer ]iauid or ranular within tt
� more tha_ n p��hos haD te (P O�], This nrohibition shall not�nlv to•
1
.,vun�u rue 3F
ol-II>)
Green Sheet #
I�
-2
4
8
9
10
11 the s�s,
12 i mper4
13 immed
14 underc
15 be noti:
16 wil] be
�
a. 1he naturailv occurrine Dhosnhorus in unadulterated�rrWrirr or anic�-� '„�:�.
vroducts such as vazd waste comnosr ,'
hJ✓1(,v..� w.ar. �,�,
b. Use on newiv established or develoned turf and lawn areas durin their first erowing
season
c. Turf and lawn areas which soil tests taken accordin to Universi f Minnesota
guidelines.and analvzed in a State of Minnesota certified laboratory confirm are
below nhomhorus leveis establ�shed bv the Universitv ofMinnesota In such cases
lawn fertil�zeraon$caUon shall notexceed theUniversifv ofMinnesotarecommended
annhcation rate forphocr�homus
T.,.._� .�l�'_'�.ro�eh a.,.�. �h��►e*. Ar^eC�i�s.
r .,,w ADD: Lawn fertilizers shall be applied at rates that do not provide nitrogen in excess of University of
Minne°sota recommended rates.
18 Sec.237.04. Saleoffertilizercontainin hos homs. ,
19 commercial establishment sellin or displavine anv lawn f
20 that is labeled to contain more than 0% nhosnhate !P O�
21 ord�sDlavedwhichcontainnhosnh�rus andmustnostanol
22 of Samt Paul is restricted in accordance with this cha ter.
23
Section 2
24 This ordinance is effective thirty (30) days following its passage, approval and publication,
�
Adoption Certified by Counci] Secretary
By: _
Approved by Mayor: Date
Requested by Depar6nent of:
�
Form Approved by City Attomey
By:
<
Approved by Mayor for Submission to Council
B
�
AdoQted by Cous�cil: Date
ORDI
OF SAINT !
��t�a
�+v ru�aa 1' ll4 T}
GreenSheet� �
�
Referred To '
Committee Date
1 An ordinance amending Saint Paul Legislative Code Cha ter 377 ��� K �
2 � �rehibit the use o^ rtilizers c�
3 THE COUNCIL OF THE CITY OF SAINT pAUL DOES ORDAIN:
Section 1.
5 Chapter 377 of the Saint Paul Legislative Code is hereby amended to read as follows:
6 Sec. 377.01. Definitions.
/uyr�
For the purposes of this chapter, ihe terms defined in this section have the meanings ascribed to them:
� Person means any person, firm or corporation engaged in the business of lawn fertilizer or pesticide
9 applications and includes tt�ose persons licensed by the State of Minnesota pursuant to Minnesota Siatutes, Section
10 18A-21 et seq.
i 1 Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling or
t 2 mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or
l3 desiccant. It atso means any chemical or combination thereof registered as apesticide with the U.S. Environmental
! 4 Protection Agency, any agency later assuming registration in the U.S. federal government, the State of Minnesota
I S Agricultw-ai Department, or any other State of Minnesota govemment agency.
6 Sec. 3�7.02. License required; council approval.
(a)
@)
No person shall engage in the business of lawn fertilizer or lawn pesticide application in Saint Paul without
a license issued by the City of Saint Paul.
All city programs forpesticide use shall be reviewed and approved by ihe city council prior to any application
upon city property.
Sec. 377.03. �ee.
The fee required for a license shall also be established by ordinance as specified in section 310.09(b) of the
Saint Paui Legislative Code.
2 All oflicensee's employees ach�ally engaged in lawn pesticide applications shall be duly Iicensed by i�he State
3 of Minnesota and shall be trained and qualified in ihe proper methods of handling and applications of pesticides.
4 Satisfactory evidence that such employees aze licensed by the state shatl be maintained on file in the office of the
5 licenseinspector.
6 Sec. 377,05. Division of health.
� The D'uectoroftheOfficeofLicense Insnections
8 and Environmental Protection orhis/her desi r� is directed to monitor the heatth and safety effects ofthe chemica[
9 appiications to lawns and to advise the city council of any suspected hazards or violations.
10 Sec. 37�.06. Class I ticense.
11 The license granted pursuant to the provisions of this chapter is designated as a Ctass � R license, subject to
12 the procedures a�licable ��f'i�ss 3 F I��enSes �i:;, Cl;a�.er 3 i0.
13 Sec. 377.07. Pesticide applicarions; posting.
All persons who apply pesiicides outdoors are required to post or affix wazning signs on the street frontage
of the property so treated. The waming signs must protrude a minimum of eighteen (18) inches above ihe top of the
grass line. The waming signs must be of a material rain-resistant for at least a forty-eight-hour period and must
remain in place for at least a forty-eight-hour period or longer if the human re-entry interval prescribed in the
pesticide label specifies a longer hourly or daily interval. The information printed on the sign must be printed in
contrasting coIors and capitaIized letters at Ieast one-half inch or in another format approved by the commissioner
of agriculture, and shall provide the folIowing information:
�j)
�2)
The name ofthe company applying the pesticide or, if not a company, the name ofthe person having
done the application
The foIIowing language:
"This area chemically treated. Keep children orpets offuntil (date of safe entry--at least forty-
eight (48) hours after application or lonoex if sgQC en �e�ti�;�� ?ahel}" .
or a universally accepted symboi and text approved by the commissioner of agriculture specifying a
date of safe enhy as specified herein. The warning sign may include the name of the pesticide used.
28 The sign shall be posted on the lawn or yazd no closer than two (2) feet &om the sidewalk or right-of-way and no
29 frn�ther than five (5) feet from t(ie sidewalk or right-of-way.
30
31 Sec. 371.08. Fertilizer Content. No erson licensed under this cha ter shalt a I an lawn fertitizer li uid or
32 granuIat within the Citv of Saint Paul that is labeled to contain more than 0% vhosphate (P 0 This prohibirion
33 shal2 not aDOiv to•
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,
9
Y
_ �.,., „ a�u,a„�uccumne nnos�horus in unadulterated �ui�].or or�anj����,]�� �/� ({ I
. produets such as vard waste comnost ,� 99 t!
� dh �►�1M'IM�l�� f/
b. Use on newl established or develo turfand lawn areas durin their first owin
season:
5 �-
6
7
8
9
10 La
11 the soii w }
12 imnerviou
13 immediate
14 undercond
IS benotified
Turf and lawn areas which soil tests taken accordin to Universi - of Minnesota
guideIines and analvzed in a State of Minnesota certified labora#orv confirm are
beIow nhosnhorus leveis established bv the Umversitv of Minnesota In such cases
lawnfeml�zera IicahonshallnotexceedtheUmversi ofMinnesotarecAmmended
analicatinn.�a+a f�r,a,.,�..ti,._,..._
I'I:tyVy�✓� G n fJ�
3 6 will be used the amount to be used and ihe reason for its a W lication.
_ .; ADD: Lawn fertilizers shall be appiied at rates that do not provide nitrogen in excess of University of
j 7 Minnesota recommended rates.
18 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.
����. —
Benanav
Bostrom
Coleman
Harris
Lantry
Reiter
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Requested by Departrnent of:
�
Form Apptoved by Ci Attomey �
By: (
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Approved by Mayor for Submission to Council
ay:
Scientific American:Science and the Citizen: In Focus: Death in the Deep: November 1997
DEATH IN THE DEEP
"Dead aone" in the Gulf of Megico challenges regulators
Page 1 of 3
D �' � 1 �
Every spring something goes wrong with the water chemistry in a vast region of the Gulf of
Mexico. Oxygen concentrations in the lower part of the water column pluuunet to a small
fraction of normal, sometimes reaching undetectable levels. The suffocating blanket kills or
drives away some fish and most bottom dwellers, such as shrimp, snails, crabs and stazfish. In
the worst-affected areas, the bottom sediment turns black. The so-called hypoxic zone has
grown lazger in recent years and is now a long tongue the size of Hawaii that licks along the
Louisiana coast.
The cause of the phenomenon is no mystery. The
Mississippi River, one of the l O lazgest in the world,
dumps 580 cubic kilometers of water into the Gulf every
year; its drainage basin encompasses 40 percent of the
land azea of the contiguous 48 states. Studies of water
samples, sediments from the seafloor and other data
show that the amount of dissolved nitrogen in the
outflow of the Mississippi and the adjacent Atchafalaya
has trebled since 1960. Phosphorus levels have doubled.
These elements, present in forms on which single-celled
organisms can feed, stimulate the growth of
phytoplankton neaz the sea surface, which provide food
for unicellular animals. The planktonic remains and
fecal matter then fall to the ocean floor, where bacteria
devour them, consuming oxygen as they do so.
The process, Irnown as eutrophication, is familiar to
marine and estuarine scientists. Similar episodes have
been recorded in partially enclosed seas and basins
azound the globe: the Chesapeake Bay, the Baltic Sea, ��� �
the Black Sea and the Adriatic Sea, among others. But
the CTUlfs eutrophic region is the biggest in the Western zONE OF LOw O�GEN (yellow) in
the Gulf of Me�co has grown to extend
Hemisphere. Moreover, it lies in a region that provides over 5,500 squaze miles.
the U.S. with more than 40 percent of its commercial
fisheries. R. Eugene Turner of Louisiana State University, who together with Nancy N.
Rabalais of the Louisiana Universities Marine Consortium pioneered the study of the
phenomenon, says fishermen and shrimpers are blaming the hypoxic zone for declines in
their catch.
http://www.sciam.com/1197issue/1197infocus.html 11l28/2001
Scientific American:Science and the Citizen: In Focus: Death in the Deep: November 1997 Page 2 of 3
Environmentalists have dubbed the region the "dead zone;' a label that overlooks the fact that
life is certainly present--but life of the wrong sort. The sea surface may look normal, but the
bottom is littered with dead or visibly distressed creatures. In extreme hypmcia it is covered
with mats of stinlflng, sulfur-oacidizing bacteria, according to Rabalais. The hypoxic zone
grows more pronounced de�ng the snimner but is dissipated by storms and disperses in the
fall.
Rabalais, Turner and others have published detailed papers documenting the association
between nitrogen levels in the Mississippi, the rate at wluch algae called diatoms accumulate
on the seafloor and the hypo�cic conditions. "We've studied sediment cores," Turner says,
"and we ha�e water-quality data from the Gulf for 20 yeazs--good data for 14 years." Good
water-quality data for the Mississippi goes back fiirtl�er, to the mid-1950s. Rabalais and
Turner have also compared the chemishy of the river with that of other large rivers azound
the world.
Their work has satisfied most oceanographers that there is indeed a direct link between
dissolved nutrients, principally nitrogen, the hypoxia in the lower water column and the
ecological changes. "I l�ow the linkages," Rabalais asserts. Few seem inclined to dissent.
"They've done a good job," agrees Robert W. Howarth of Cornell University. "The ecological
changes are definitely due to hypo�a, and the hypo�a is cleazly due to elevated nutrients."
Rabalais and Turner's work pinpoints as a crucial variable the ratio of nitrogen to silicate
(from minerals) in the Mississippi outflow. As the amount of nitrogen has increased
compazed with the amount of silicate, which is slowly declining because of planktonic
activity upstream, overall production of plankton in the Gulf has increased. Hypoxia is the
result. More alamiing changes could be in store. Rabalais suspects the changing nuhient
balance might start to benefit noxious flagellate protozoa at the expense of the less hazmful
diatoms. ToaZC algal blooms aze indeed becoming more common in the Gulf, as they aze in
polluted coastal regions azound the world. "We aze concerned that future nutrient changes
could make it worse," Tumer says.
The GuIf hypoxic zone represents a grand cfiallenge for environmentat poIicy. The exact
geographic origin of the excess nitrogen is a matter of contention. According to the U.S.
Geological Survey, most of it-56 percent--is from fertilizer runoff. The biggest contributor,
the agency estimates, is the upper Midwest, especially the Illinois basin. Another 25 percent
of Mississippi nitrogen is from animal manures. Municipal and domestic wastes, in contrast,
account for only 6 percent. "Nitrogen loading has gone up coincidentally with fertilizer use,"
Turner atiinns.
The suggestion that America's breadbasket is the cause of the Gulfs problems has not gone
over well with agricuIturaI interests. Turner maintains, however, that the observed effects in
the Gulf could be explained by just 20 percent of the fertilizer used in the Mississippi basin
draining into the river. New techniques far applying fertilizer hold out the hope of reducing
_ ,,, „
runoffwithout sacnficuig crop yields. " °
Efforts getting under way to study and perhaps control the hypo�c zone "break new ground,"
says Don Scavia, head of the coastal ocean program at the Nafional Oceanic and Atmospheric
Administrafion (NOAA) and head of an interagency working group on the hypo�c zone.
"The scale of the issue drives it--it is nutrients from 1,000 miles away." NOAA, together with
the Environmental Protection Agency, has funded research on hypoxia in the Gulf for several
http:!/www.sciam.com/1197issue/1197infocus.html 11/28/2001
Scienrific American:Science and the Citizen: In Focus: Death in the Deep: November 1997 Page 3 of 3
yeazs.
b��r � � l
The Mississippi River Basin Alliance and the Gulf Restorarion Network, bodies representing
users of the land on one hand and of the sea on the other, have joined forces to seek
reductions in nitrogen runoff. "Sludies won't reduce nutrient loading in the Mississippi
River," says C�nthia M. Sarthou of the Gulf Restoration Network. Sarthou states that her
organization is looking for ways to encourage voluntary reductions by fatmers. The alliance,
in contrast, is targeting nonfartn sources. "Some farmers say it's people versus fish; ' notes
Suzi Willans of the Mississippi River Basin Alliance. "It's actually farmers versus
fishermen."
This past summer agencies launched a far-reaching economic and technical examivation of
the Gulf hypoxic zone. The aim is to fmd out about its detailed dynamics, its likely
consequences and what remedies might be most effective. The study will adjust for the fact
that conventional accounting techniques tend to undervalue the benefits of natural resources,
Scavia explains.
The goal is to learn what sacrifices might be worthwhile to restare the region's ecological
health. One effort will hy to nail down scientifically the quesrion of whether the hypoxia has
really caused declines in fish and shrimp catches, as opposed to overfishing, for example.
"We should not rely on anecdote," warns Andrew Solow of the Woods Hole Oceanographic
Institution. Another segment of the study will use computer modeling to esrimate the effects
of reductions in nitrogen use. Such reductions are only one possible approach to control,
Scavia points out. He suggests that buffer ships of wetland, created to serve as a barrier near
the river, might be able to absorb some excess nitrogen.
The scientific assessment is due to be complete in 18 months. But already a management
group is looking at measures that could be initiated sooner. "We'll look for win-win solutions
within the next two months," Scavia declazes. "This can't wait."
--Tim Beardsley in Washington, D.C.
http:Jfwww.sciam.comi1197issuei1197infocus.html 11/2812001
Hypoxia in the Gulf of Mexico
Hypogia in the Gulf of Megico
What's New - Nitrogen in the Mississippi Basin Fact-Sheet Available
Page 1 of 2
��,l�i i
A USGS Fact-Sheet entitled Nitrogen in the Mississippi Basin--Estimating Sources and Predicting
Flux to the Gulf of Me�co is now auailable on the USGS web site. This Fact-Sheet provides a
suimnary of unportant results from the CENR Topic 3 report and from more recent analysis of the
relations between the flus of nutrients from the Mississippi River and the extent of the hypoxic
zone in the Gulf of Mexico. Paper copies all also available from the authors: wbattagl(�a,usgs.gov
Hypoxia Assessment Reports Available
The CENR Topic 3 report entitled Flux and Sources of Nutrients in the Mississippi-Atchafala�
River Basin is now available on the USGS web site as a PDF file. This is one of six reports
prepazed for the White House Office of Science and Technology Policy as part of a science
assessment of hypoxia in the Gulf of Mexico. Go to the National Ocean Service home roaee for
more information.
What is hypoxia?
H�poxia in the Gulf of Mexico refers to an area along the Louisiana-Texas coast in which water
near the bottom of the Gulf contains less than 2 parts per million of dissolved oxygen. Hypoxia
can cause stress or death in bottom dwelling organisms that can't move out of the hypoxic zone.
What is the USGS role in the hypogia issue?
The USGS operates streamflow and water quality monitoring starions throughout the Mississippi
River Basin. Current and historical data from these stations aze being used by USGS scientists as
part of a science assessment to better understand the causes and consequences of hypoxia in the
Gul£ The science assessment is being conducted by the Committee on Enviroxunent and Natural
Resources CENR . Specifically, the USGS through its Toxics Pro ram and National Stream
Quality Accounting Network (NASOAN�program is addressing two questions. 1) What aze the
loads and sources of nutrients delivered to the Gulf of Mexico? Z) What is the relative unportance
of specific huxnan activities such as agriculture, atmospheric deposirion, and point source
discharges in contributing these nutrients? QDownloadable Power Point Presentation
_>
■ Graphics
o On-Line Re�orts
http://wwwrcolka.cr.usgs.gov/midconherb/hypoxia.html 11/28/2001
Hypoa�ia in the Gulf of Mexico
! Abstracts
o Biblio�raohv
i CENR hvnoxia assessment
4Important links to other sites
� Data Sets (Under construction)
Page ?,.of 2
If you would like more information about the sources and transport of nutrients in the Mississippi
River Basin, please contact:
Donald Goolsby
U.S. Geological Survey, WRD
Box 25046, MS 406
Building 53, Wing F-1200
Denver Federal Center
Denver, CO 80225
�oolsbvna,us2s.QOv
WRD home �a�e �Midcontinent Aerbicide home roaee �
URL: http://wwwrco[ka.cr.usgs.gov/midconherb/hypoxia.html
Maintainer. wbattagl@usgs.gov
Last modified: WED June 20, 2001
http://wwwrcolka.cr.usgs.gov/midconherb/hypoxia.html 11/28/2001
� ` 'M
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�
Statement on a Lawn Phosphorus Fertilizer Ordinance
for the St. Paul City Councii
November 28, 2001
Les Everett
Extension Program Coordinator
Water Resources Center, University of Minnesota
173 McNeal Hall
1985 Buford Ave.
St. Paul, MN 55108
612-625-6751
I would like to state my support for a city ordinance (and state legislation)
regu{ating the app{ication of phosphorus fertilizer on urban 4awns.
1. Urban lawns are a source of phosphorus in runoff water. Surface application
of excess fertilizer combined with excess water from irrigation, rain augmented
with roof runoff, and probably snow-melt will deliver phosphorus directly to
adjacent streets and storm sewers. This has been confirmed by recent research
at Texas A&M University and others (references enclosed). Grassland, including
turt, can be an excellent buffer, absorbing rain and nutrients, however, when
overloaded with phosphorus and saturated with water, it becomes a source of
phosphorus in runoff.
2. Other sources of urban storm water phosphorus have been identified, such as
leachate from dead tree leaves, road grit, and construction erosion. This
indicates that we need a comprehensive approach to urban storm water
phosphorus reduction, including education about best management practices
along wiih appropriate regulations.
3. I am a resident of St. Paul and participate in the St. Paul District 10
Environment Cammittee. We ase attempting to improve the condition of Como
Lake, where the water quality has been severely degraded by phosphorus
loading. The City of St. Paui, as welf as Minneapofis, was recentiy required to
obtain a storm water permit through a suit brought under the federal Clean Water
Act. Under that federai NPDES permit the City must develop and implement a
storm water management plan that wi41 reduce phosphorus loadings. Our
comr�ittee, as well as other organizations in the two cities, requested a
phosphorus fertilizer ordinance as part of the impiementation plan to help reduce
loadings. We also requested more frequent street sweeping in the Como Lake
watershed to prevent phosphorus-containing materials from entering storm
sewers.
i ., . _
��-!! t t
4. The functions of the fertiiizer ordinance would be to:
a. Increase the availability and visibility of phosphorus free fertilizer at all refail
outiets seliing lawn fertilizer. It has not aiways been availabie, nor has it been so
identified.
b. Make it known to retailers, commercial applicators, and lawn owners thaf
phosphorus should be appiied only as need is demonstrated (ie. soil test), and
not as routine blanket coverage ofi signifcant amounts of phosphorus irrespective
of soil phosphorus status. Application af a high-phosphorus "winterizer' fertilizer
is an example of a poor practice currently encouraged by commercial interests.
c. Emphasize that fertilizer must be applied in measured amounts per unit area,
and that fertilizer out of place {ie. left on streets and sidewalks) goes directly to
lakes and rivers.
5. Regu{ations, to be successful, must be designed with the user in mind. The
proposed St. Paul ordinance would require notification of a city office before
phosphorus fertilizer is applied. Instead, I prefer the approach used in the state
feedlot rufes: prescribe conditions of use, require that a record of soil tests be
kept if phosphorus is applied, and invoive city offices only if there is a complaint.
The primary objective is awareness and validation of a standard, not more
bureaucracy.
6. Finally, I coordinate farmer education programs that attempt to reduce
poliution to Minnesota's surFace and ground waters. Farmers believe that they
are being asked to shoulder all of the blame and regulation regarding application
of nutrients. They state that urban lawn owners are allowed unlimited use of
fiertilizer and chemicais, and that these practices result in poflution. We wil{ not
clean up lakes and rivers unless there is both perception and reality that
everyone who is contributing to the problem wiil contribute to the solution.
Thanks for your attention.
References:
Respanse of Tusf and Quality of Water Runoff to Manure and Fertilizer. J.E.
Gaudreau, R.H.1Nhite, D.M. Vietor, T.L. Provin, and C.L. Munster. Journal of
Environmentai Quality Voi. 31 (In press for 2002)
Nutrients and Sediment in Runoff from Creeping Bentgrass and Perennial
Ryegrass Turfs. D. T. Linde and T. L. Watschke. Journal of Environmentai
Quality Vol. 26: 1248-1254 (1997)
Relationship between Phosphorus Levels in Three Ultisols and Phosphorus
Concentrations in Runoff. D.H. Pote, T.C. Daniel, D.J. Nichols, A.N. Sharpley,
P.A. Moore, Jr., D.M. Miiler, and D.R. Edwards. Journal of Environmental Quality
Vol. 28: 170-175 {1999)
��-����
Responsible Industry for a Sound Environment
November 28, 2001
RE: PROPOSED PHOSPHORUS ORDINANCE Ol-llll
Dear Council Member:
I am Christopher Riley, General Counsel and Secretazy of McLaughlin Gormley King Company
("MGK"). MGK is a privately held specialty chemical manufacturer doing business in
Minnesota since 1902. We have manufacturing plants in Minneapol'as (near the University
campus) and in Chaska, and our laboratory and administrative office is in Golden Valley,
Minnesota. MGK specializes in the development, registration and marketing of high value insect
control products, or pesticides. MGK is a member of RISE, which stands for Responsible
Industry for a Sound Environment I am pleased to testify today on behalf of RISE and its other
member companies. RISE is opposed to the proposal to amend the Saint Paul Legislative Code
by creating Chapter 237. We understand that the fixll Council plans to vote on this proposal on
Wednesday, December 5, 2001.
Statement of Interest
RISE is a national not-for-profit trade association representing over 160 producers and suppliers
of specialty pesticide and fertilizer products. Established in 1991, RISE serves as a resource on
pesticides and £ertilizers and provides cunent and accurate information on issues and research
affecting the specialty industry. RISE member companies manufacture over 90 percent of
domestically produced specialty fertilizer for turf and gardens. RISE members are very
concemed about the proposed ordinances in Saint Paul. The fertilizer products our members
produce will be greatly impacted by the ordinance.
Our Comments concerning Chapter 237
Efforts to ban phosphorus from lawn fertilizers in St. Paul and elsewhere in Minnesota have a
certain simplistic appeal. Who could azgue, after all, with an effort to protect water quality?
Additionally, the measure has no direct financial cost for city residents. We ask you to consider,
however, that the proposed ordinance is contrary to scientific evidence on water quality, may
actually contribute to lower water quality in the city, and is contrary to Minnesota law.
The purpose of this ordinance is articulated in Sec. 237.01. Findinas and Purpose. "Data
indicates that lake and watershed quatity may be maintained and improved if the City is able to
regulate the amount of lawn fertilizer and other chemicals entering the lakes and other surface
water as a result of storm water runoff or other causes." The ordinance acknowledges, however,
that when properly applied, fertilizer does run off in water. Sec. 237.03, "Fertilizer Content"
�
provides: "that phosphorus applied as a lawn fertilizer ...shall be watered into the soil where it
is immobilized and generally protected from loss by runoff." (Emphasis added). The
ordinance, while seeking to ban fertilizers, nonetheless recognizes that properly applied lawn
fertilizer binds to the soil and is protected from runoff in groundwater.
This important point is exactly what the vast majoriry of university reseazch demonstrates.
Properly applied tawn fertiliZer is not a significant source of soluble phosphorus. In a widely
used university textbook - the 5` Edition of Soil Fertilitv and Fertilizers: by Tisdale, Beaton,
Nelson and Havlin it states that inorganic phosphorus from fertilizer reacts with the soil and will
travel less than 5 centimeters. Recent reseazch by, Dr. Wayne Kussow, of the University of
Wisconsin-Madison has demonstrated that the vast majority (>80%) of the soluble phosphorus in
runoff from riu grass is organic phosphorus that leached out of the dead vegetation when it was
frozen�. That means that the majority of soluble phosphorus in the runoff from turf grass was
collected during the winter.
Dr. Kussow's research has also demonstrated that over a six-year perxod an acre of fertilized
grass losses an average of 0.301bs. of organic phosphorus per year in the runoff. Over the same
tune period, an acre of unfertilized grass losses an average of 0.421bs. of organic phosphorus per
yeaz in the runof£ Every year, the unfertilized grass losses an additiona10.121bs. of organic
phosphorus to the watershed ttu�ough runoff.
Dr. Kussow's research demonstrates that thick healthy grass (fertilized) has less environmental
impact in terms of organic phosphorus than does unfertilized turf grass. According to this
reseazch, an appropriately implemented fertilization program will improve water quality the City
of Saint Paul. It also follows that a ban on such fertilizers may contribute to phosphorous runoff,
making worse the very problem that the ordinance seeks to address.
We also suggest that the Council consider phosphorous from other sources. One adult
goose will excrete 0.861bs. of phosphorus per year into the watershed. If we assume an
average lawn in Saint Paul is 8,000 squaze feet, one adult goose will contribute as much organic
phosphorus as 15 fertilized lawns or 11 unfertilized lawns each year. Some studies suggest that
geese aze responsible for over 50% of the annual phosphorus load on each lake. Thus, efforts to
control geese populations may do more for water quality than a ban on fertilizers.
While the title of this ordinance indicates that it addresses phosphorus fertilizer issues, the
Council should be aware that the ordinance will also restrict and regulate the use of pesticide
products for lawn care. Many specialty fertilizer products also contain pesticides. These are
known as "combination products" in the specialty industry.
Minnesota law prohibits local regulation of pesticide product sales and use. Minnesota Statutes
section 18B.02 states `Bxcept as specifically provided 'an this chapter, the provisions of this
chapter preempt ordinances by local governments that prohibit or regulate any matter relating to
the registration, labeling, distribution, sale, handling, use, application, or disposal of pesticides.
It is not the intent of this section to preempt local responsibilities for zoning, fire codes or
hazardous waste disposal"
The State of Minnesota regulates pesticide products and their uses, including applicator
certification. We believe it is clear that additional regulation of products and uses at the local
level is not only unnecessary and duplicative, but may be harmful to Minnesota's waters and is
counter to Minnesota State law. If a combination specialty fertilizer product contains both
phosphorus and a pesticide, and most of them do, it would be a registered pesticide and by
Minnesota state law cannot be regulated by a local ordinance.
��.�R��
Before you vote to approve this ordinance, RISE would strongly urge the Council to take the
time to do a thorough review of all the available scientific literature, consult with turf grass
specialists, soii scientists and agronomists from around the country, including experts from the
University of Minnesota Extension Service. Once you have gather a11 the facts we believe you
will discover that there is no scienrific justification for a phosphorus ban and thus no need for
this ordinance.
In addition, there is cleazly no evidence supporting the preferential treatrnent of naturally
occurring phosphorus products. It is well known in the fertilizer industry that organic sources of
phosphorus aze slower to react with the soils and are therefore more susceptible or available for
storm water runoff than inorganic sources. Once again, this ordinance could, contrazy to its
stated purpose, contribute to phesphorous runoff.
There are a number of positive programs the Council can implement to improve water quality.
We wouid be pleased to help identify constructive projects such as spring street sweeping,
composting or efforts to educate consumers on appropriate use of fertilizer pzoducts. RISE
would prefer to work cooperatively with City Officials and provide additional information and
assistance. RISE members aze also interested in good water quality and a clean environment.
I appreciate the opportunity to provide written testimony on behalf of RISE and thank you in
advance for your consideration.
Sincerely,
� �,
Christopher J. iley �
General Counsel and Secretary
McLaughlin Gormley King Company
RTSE
Responsible Industry for a Sound Environment�
ll 56 I S"' Street, NW; Suite 400
Washington, DC 20005-1704
(202)872-3845
Footnotes:
1- "Contributions of Nitrogen and Phosphorus to Surface and Groundwater from a
Kentucky Bluegrass Lawn": Dr. Wayne Kussow, University of Wisconsin-Madison
R�c�C ;`,� � a,g a�Q1 CouncilFile# p�..��11
��
Green Sheet # l l3 G g3
.�
Presented
Referred To
OF
Committee Date
An ordinance regulating the use of lawn fertilizers containing phosphorus
2 THE COLJl�iCIL OF THE CITY OF SAINT PAi3L DOES ORDAIN:
Section 1
4 A new Chapter 237 of the Saint Paul Legislative Code is hereby enacted:
5 Chapter 237. Regulation of Phosphorus Lawn Fertilizers.
�5
6 Sec. 237.01. Findings and Purpose. The Citv of Saint Paul and the State of Minnesota have conducted studies
; and reviewed existin�data to determine the current and predicted water qualitv of vazious lakes and watersheds
8 within the Citv. Data indicate that lake and watershed qualit ��may be maintained and improved if the Citv is able to
9 reg_ulate the amount of lawn fertilizer and oflier chemicals entering the lakes and other surface water as a result of
10 storm water runoff or other causes. The purpose of this ordinance is to reeulate the use of lawn fertilizers containing
11 uhosphorus to aid the Citv in manatine and nrotectin� its water resources.
12 Sec.237.02. Definitions.
13 For the purposes of this chapter, the terms used in this chapter have the meanines defined as follows:
14 Commercial apvlicatar is a person. firm, corporation or entitv who is engaeed in the business of applving
15 fertilizer for hire and licensed under Chapter 377 of the Saint Paul Leeislative Code.
16 Fertilizer means a substance containine one or more recoenized plant nutrients that is used for its plant
17 nutrient content and desiened for use or claimed to have value in promotingplant erowth. Fertilizer does not include
18 anunal or veeetabie manures that aze not manipulated, marL lime, limestone and otherproducts specificallv exempted
14 by rule by the Minnesota Commissioner of A�riculture.
20 Noncommercial applicator is a uerson who aprolies fertilizer whether or not for hire, but who is not a
21 commercial lawn fertilizer applicator.
than
r�
other
22 os e is hosphorus content of fertilizers. It is expressed
23 as the chemical formula P The phosphorus LPl content of a fertilizer is 43 percent of its phos hp ate (P,O� content.
NES A
�
24
25 Sec. 237.03. Fertilizer content. No commercial applicator or non-commercial a�plicator, inciudin� a homeowner
26 or renter, sha11 ap�lv any lawn fertilizer, lic�uid or aranular, within the City of Saint Paul that is labeled to contain
27 more than 0% phosphate (P O This prohibition shall not ap�lv to:
�
7
10
11
12
13
14
15
16
17
The naturallv occurrin��hosphorus in unadulterated natural or organic fertilizing
products such as vazd waste compOSt; �, _����
b. Use on newly established or developed turf and lawn areas durin¢ their first ��
season;
c. Turf and lawn areas which soil tests taken accordin� to Universitv of Minnesota
�uidelines and analvzed in a State of Minnesota certified laboratory confirm aze
below phos�horus levels established bv the Universitv of Mimiesota. In such cases.
lawnfertilizerapplication shall not exceedthe University ofMinuesotarecommended
apnlicarion rate for phos�orous.
Lawn fertilizers containiug phos�horus applied pursuant to the above-listed exceptions shall be watered into
the soil where the phosrohorus can be immobilized and e�allv protected from loss by runofF. Fertilizer anplied to
impervious services. such as sidewalks, drivewavs and streets is to be removed b�ping or other means
immediatelv after fertilizer application is completed. Fertilizer is not to be a�plied to frozen soil, saturated soil or
underconditionsofunpendingheawrainfall. TheOfficeofLicense.InsoecrionsandEnvironmentalProtectionshall
be notified at least 24 hours �rior to the application of anv lawn fertilizer containine vhosphorus that such fertilizer
will be used, the amount to be used and the reason for its application.
18 Sec. 237.04. Sale of fertilizer containing phosphorus. Anyperson. organization, firm, cor�oration, franchise or
19 commercial establishment sellin or displavin�anv lawn fertilizer, li uid or tranular, within the Citv of Saint Paul
20 that is labeled to contain more than 0% phosphate (P O�) shall be required to cleazly identify those fertilizers sold
21 or dis�laued which contain phosphorus, and must post a notice advisin� that the use of such fertilizer within the Citv
22 of Saint Paul is restricted in accordance with this cha�ter.
23
Section 2
24 This ordinance is effective thiriy (30) days foilowing its passage, approval and publication.
Requested by Depariment of:
�
Form Approved by City Attomey
By: �
Adoption Certified by Council Secretary
BY� _ 1 \ �— . ��
Date
�
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Approved by Mayar for Submission to Council
�
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1� �
Adopted by Council: Date �,.� .� a-a e�
�
r , oErnRrn�nrrro�ic�cou�ca . . _ on�waw�o._ D�_�\\\\ .
cz� courrc�L �oi�sio� GREEN SHEET No 113683
�a���&� � �
Councilmember Harris 266-8630 �,,,,,,,�,�, o ,,.�,�, a
MUST 8E ON COUNCIL AGH�4 BY (Q47Ej -
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' TOTAL # OF StGNATURE PAGES {CUP ALL LUCATIONS FOR SIGNATURE)
� An ordinance regulating the use of lawn fertilizers containing phosphorus.
PLANNING COMMISSION
CIBCOMMITTEE �
C1VIL SERVICE COMMiSS10N
I�n'�:Id�ia�7
�IOUNT OF 7RANSACTION S
SOURCE
Flasthis pe�soNfirtn e.rerwwked under a corNact for this �lT
rES No
fies tnis v�soNfirm eoxr tcen a cay anpwyee't �
VES NO
Doea this peisorvhm� possess a sldll not namallYpossess¢d by any curteM city empbyee7
YES NO
Is fhis pnsonRrm atarpded verwb(J
YES NO
COSTIREVENUEBUDGESm(GRCLEON51 YES NO
ACTIVITYNUMBER
(EJ�WN)
_ YINNE50T4 BOARD OF
WATER AND SOIL
RESOURCES
NOFTHERN REGION
394 S Lake Ave., Room 403
Du7uth, MN 55802-2325
PHONE
(218) 723-2350
FAX
(218) 723-4794
❑ MINNESOTA BOARD OF
WATER AND SOIL
NESOUXCES
METRO REG�ON
One W Water St., Smte 200
St. Paul, MN 55107-2039
PHOfJE
(651) 215-1950
FAX
(651) 297-5615
❑ MINNESOTp B04ND OF
W4TEX AND SOIL
O 1 _ ����
A JOINT PROGROM OF .
Water
Resources
Education
Date: November 28, 2001
To: City Council Members, City of St. Paul, MN
UNIVERSITY
OF MINNESOTA
Extension ��
� �,.
From: Ron Struss, MN Board of Water and Soil Resources / UM Extension
Re: Recommendations on proposed lawn fertilizer ordinances
Of the three major plant nuh found in lawn fertilizer, nitrogen, phosphoms, and
potassium, two -- nitrogen and phosphorus -- cause water quality problems when
allowed to runoff after application. Phosphorus runoff causes problems by turning
local lakes and rivers green, and nitrogen runoff causes problems in the Gulf of
Mexico where nih Mississippi River water creates a"dead zone" where no
aquatic life can live (see attachment). It is estimated that 6% to 8% of the nitrogen
being delivered by the Mississippi River originates in Minnesota.
Because of these water resource problems, it is advisable that lawn fertilizers are
used only when needed and be applied in mamier that minimizes runoff.
The following are my comments on the proposed ordinances:
RESOURCES 1. The ordinances should be directed at lawn fertilizer in general, and not just lawn
SOUTHERN RE610N fertilizer containing phosphorus. That way the ordinances can also speak to
zei x�gnway is s proper management of niirogen lawn fertilizer (which almost all lawn fertilizer
New Ulm, MN 56073-8915
contains — it is what makes grass green up). Since proper management of
PHONE nitro en fertilizer sim 1 mvolves a 1 n nitro en at Universi of Minnesota
(507) 359-6090 g p Y PP Yx b g �3'
recommended rates and cleaning up spilled or overspread fertilizer, this can be
FAX
(so�� sss-6oia accommodated with very few changes in ordinance language.
2. 5ince organic fertilizer labeled 0% P is available, providing an exemption for
phosphorus containing organic fertilizers is not needed.
3. Since lazge turf areas do not always have access to irrigation, an exemption to the
requirement of watering in applied lawn fertilizer should be provided.
4. Education will be key to successful implementation of these ordinances. They
will very difficult to implement through regulatory enforcement. The city needs
to identify how education on the ordinances will be provided and financed.
Pen and ink edits that support the above comments are attached.
Please contact me at 651-215-1950 if you have any questions. Thank you.
�
Presented b�
Referred To
Committee Date
1 An ordinance regulating the use of lawn fertilizers
2 THE COUNCIL OF THE CITY OF SAIIdT PAUL DOBS ORDAIN:
�
SecGon 1
4 A new Chapter 237 of the Saint Paul Lep,islative Code is hereby enacted:
S ChantPr229 Ao..,,t�+;......rm___�___ . _ ___
a,,� fti� /�l:ss:ss:�,; Ipiv.�,r� wai-�.�5l,�d
6 Sec. 237.01. F' din s and Pu ose. 7'he Ci of Saint Paul and the State of Minnesota have conducted stud
7 and reviewed e istin data to determine the current and redicted water uali of various lakes and watersh<
8 within the Ci Data indicate that lake and watershed uali ma be maintained and im roved if the Ci is able
9 reQUlate the amount of lawn fertilizer and other chemicals enterinQ the lakes and other surface water as a result
10 stormwaterrunofforothercauses. The oseofth�sordmance�store latetheuseoflawnfertilizer
� 1^.��:,�,*.c to aid the Citv in manaeine and Drotectine its water resources
l2 Sec.237.02. Definitions.
4 Commercial annlicator is a verson firm comoration or entitv who is en2aee�
S fertilizer for hire and licensed under Cha ter 377 of the Saint Paul Le islative Code.
6 Fertilizer means a substance containin one or !
7 nutrientcontentanddesi�nedforuseorclaimedtohavev
a ammas orveeeiabiemanurestnatarenotmanipuiated ma
9 b�rule bv the Mmnesota Commissioner of A riculture
� 23oncommercial ap plicator is �
I commercia] lawn fertilizer a�olicator
� �ec.13"7.U3. Fertilizer content. No commercial a licator ornon-cc
i or renter, shall applv anv lawn fertilizer ]iauid or ranular within tt
� more tha_ n p��hos haD te (P O�], This nrohibition shall not�nlv to•
1
.,vun�u rue 3F
ol-II>)
Green Sheet #
I�
-2
4
8
9
10
11 the s�s,
12 i mper4
13 immed
14 underc
15 be noti:
16 wil] be
�
a. 1he naturailv occurrine Dhosnhorus in unadulterated�rrWrirr or anic�-� '„�:�.
vroducts such as vazd waste comnosr ,'
hJ✓1(,v..� w.ar. �,�,
b. Use on newiv established or develoned turf and lawn areas durin their first erowing
season
c. Turf and lawn areas which soil tests taken accordin to Universi f Minnesota
guidelines.and analvzed in a State of Minnesota certified laboratory confirm are
below nhomhorus leveis establ�shed bv the Universitv ofMinnesota In such cases
lawn fertil�zeraon$caUon shall notexceed theUniversifv ofMinnesotarecommended
annhcation rate forphocr�homus
T.,.._� .�l�'_'�.ro�eh a.,.�. �h��►e*. Ar^eC�i�s.
r .,,w ADD: Lawn fertilizers shall be applied at rates that do not provide nitrogen in excess of University of
Minne°sota recommended rates.
18 Sec.237.04. Saleoffertilizercontainin hos homs. ,
19 commercial establishment sellin or displavine anv lawn f
20 that is labeled to contain more than 0% nhosnhate !P O�
21 ord�sDlavedwhichcontainnhosnh�rus andmustnostanol
22 of Samt Paul is restricted in accordance with this cha ter.
23
Section 2
24 This ordinance is effective thirty (30) days following its passage, approval and publication,
�
Adoption Certified by Counci] Secretary
By: _
Approved by Mayor: Date
Requested by Depar6nent of:
�
Form Approved by City Attomey
By:
<
Approved by Mayor for Submission to Council
B
�
AdoQted by Cous�cil: Date
ORDI
OF SAINT !
��t�a
�+v ru�aa 1' ll4 T}
GreenSheet� �
�
Referred To '
Committee Date
1 An ordinance amending Saint Paul Legislative Code Cha ter 377 ��� K �
2 � �rehibit the use o^ rtilizers c�
3 THE COUNCIL OF THE CITY OF SAINT pAUL DOES ORDAIN:
Section 1.
5 Chapter 377 of the Saint Paul Legislative Code is hereby amended to read as follows:
6 Sec. 377.01. Definitions.
/uyr�
For the purposes of this chapter, ihe terms defined in this section have the meanings ascribed to them:
� Person means any person, firm or corporation engaged in the business of lawn fertilizer or pesticide
9 applications and includes tt�ose persons licensed by the State of Minnesota pursuant to Minnesota Siatutes, Section
10 18A-21 et seq.
i 1 Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling or
t 2 mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or
l3 desiccant. It atso means any chemical or combination thereof registered as apesticide with the U.S. Environmental
! 4 Protection Agency, any agency later assuming registration in the U.S. federal government, the State of Minnesota
I S Agricultw-ai Department, or any other State of Minnesota govemment agency.
6 Sec. 3�7.02. License required; council approval.
(a)
@)
No person shall engage in the business of lawn fertilizer or lawn pesticide application in Saint Paul without
a license issued by the City of Saint Paul.
All city programs forpesticide use shall be reviewed and approved by ihe city council prior to any application
upon city property.
Sec. 377.03. �ee.
The fee required for a license shall also be established by ordinance as specified in section 310.09(b) of the
Saint Paui Legislative Code.
2 All oflicensee's employees ach�ally engaged in lawn pesticide applications shall be duly Iicensed by i�he State
3 of Minnesota and shall be trained and qualified in ihe proper methods of handling and applications of pesticides.
4 Satisfactory evidence that such employees aze licensed by the state shatl be maintained on file in the office of the
5 licenseinspector.
6 Sec. 377,05. Division of health.
� The D'uectoroftheOfficeofLicense Insnections
8 and Environmental Protection orhis/her desi r� is directed to monitor the heatth and safety effects ofthe chemica[
9 appiications to lawns and to advise the city council of any suspected hazards or violations.
10 Sec. 37�.06. Class I ticense.
11 The license granted pursuant to the provisions of this chapter is designated as a Ctass � R license, subject to
12 the procedures a�licable ��f'i�ss 3 F I��enSes �i:;, Cl;a�.er 3 i0.
13 Sec. 377.07. Pesticide applicarions; posting.
All persons who apply pesiicides outdoors are required to post or affix wazning signs on the street frontage
of the property so treated. The waming signs must protrude a minimum of eighteen (18) inches above ihe top of the
grass line. The waming signs must be of a material rain-resistant for at least a forty-eight-hour period and must
remain in place for at least a forty-eight-hour period or longer if the human re-entry interval prescribed in the
pesticide label specifies a longer hourly or daily interval. The information printed on the sign must be printed in
contrasting coIors and capitaIized letters at Ieast one-half inch or in another format approved by the commissioner
of agriculture, and shall provide the folIowing information:
�j)
�2)
The name ofthe company applying the pesticide or, if not a company, the name ofthe person having
done the application
The foIIowing language:
"This area chemically treated. Keep children orpets offuntil (date of safe entry--at least forty-
eight (48) hours after application or lonoex if sgQC en �e�ti�;�� ?ahel}" .
or a universally accepted symboi and text approved by the commissioner of agriculture specifying a
date of safe enhy as specified herein. The warning sign may include the name of the pesticide used.
28 The sign shall be posted on the lawn or yazd no closer than two (2) feet &om the sidewalk or right-of-way and no
29 frn�ther than five (5) feet from t(ie sidewalk or right-of-way.
30
31 Sec. 371.08. Fertilizer Content. No erson licensed under this cha ter shalt a I an lawn fertitizer li uid or
32 granuIat within the Citv of Saint Paul that is labeled to contain more than 0% vhosphate (P 0 This prohibirion
33 shal2 not aDOiv to•
`�
,
9
Y
_ �.,., „ a�u,a„�uccumne nnos�horus in unadulterated �ui�].or or�anj����,]�� �/� ({ I
. produets such as vard waste comnost ,� 99 t!
� dh �►�1M'IM�l�� f/
b. Use on newl established or develo turfand lawn areas durin their first owin
season:
5 �-
6
7
8
9
10 La
11 the soii w }
12 imnerviou
13 immediate
14 undercond
IS benotified
Turf and lawn areas which soil tests taken accordin to Universi - of Minnesota
guideIines and analvzed in a State of Minnesota certified labora#orv confirm are
beIow nhosnhorus leveis established bv the Umversitv of Minnesota In such cases
lawnfeml�zera IicahonshallnotexceedtheUmversi ofMinnesotarecAmmended
analicatinn.�a+a f�r,a,.,�..ti,._,..._
I'I:tyVy�✓� G n fJ�
3 6 will be used the amount to be used and ihe reason for its a W lication.
_ .; ADD: Lawn fertilizers shall be appiied at rates that do not provide nitrogen in excess of University of
j 7 Minnesota recommended rates.
18 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.
����. —
Benanav
Bostrom
Coleman
Harris
Lantry
Reiter
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Requested by Departrnent of:
�
Form Apptoved by Ci Attomey �
By: (
-�<
Approved by Mayor for Submission to Council
ay:
Scientific American:Science and the Citizen: In Focus: Death in the Deep: November 1997
DEATH IN THE DEEP
"Dead aone" in the Gulf of Megico challenges regulators
Page 1 of 3
D �' � 1 �
Every spring something goes wrong with the water chemistry in a vast region of the Gulf of
Mexico. Oxygen concentrations in the lower part of the water column pluuunet to a small
fraction of normal, sometimes reaching undetectable levels. The suffocating blanket kills or
drives away some fish and most bottom dwellers, such as shrimp, snails, crabs and stazfish. In
the worst-affected areas, the bottom sediment turns black. The so-called hypoxic zone has
grown lazger in recent years and is now a long tongue the size of Hawaii that licks along the
Louisiana coast.
The cause of the phenomenon is no mystery. The
Mississippi River, one of the l O lazgest in the world,
dumps 580 cubic kilometers of water into the Gulf every
year; its drainage basin encompasses 40 percent of the
land azea of the contiguous 48 states. Studies of water
samples, sediments from the seafloor and other data
show that the amount of dissolved nitrogen in the
outflow of the Mississippi and the adjacent Atchafalaya
has trebled since 1960. Phosphorus levels have doubled.
These elements, present in forms on which single-celled
organisms can feed, stimulate the growth of
phytoplankton neaz the sea surface, which provide food
for unicellular animals. The planktonic remains and
fecal matter then fall to the ocean floor, where bacteria
devour them, consuming oxygen as they do so.
The process, Irnown as eutrophication, is familiar to
marine and estuarine scientists. Similar episodes have
been recorded in partially enclosed seas and basins
azound the globe: the Chesapeake Bay, the Baltic Sea, ��� �
the Black Sea and the Adriatic Sea, among others. But
the CTUlfs eutrophic region is the biggest in the Western zONE OF LOw O�GEN (yellow) in
the Gulf of Me�co has grown to extend
Hemisphere. Moreover, it lies in a region that provides over 5,500 squaze miles.
the U.S. with more than 40 percent of its commercial
fisheries. R. Eugene Turner of Louisiana State University, who together with Nancy N.
Rabalais of the Louisiana Universities Marine Consortium pioneered the study of the
phenomenon, says fishermen and shrimpers are blaming the hypoxic zone for declines in
their catch.
http://www.sciam.com/1197issue/1197infocus.html 11l28/2001
Scientific American:Science and the Citizen: In Focus: Death in the Deep: November 1997 Page 2 of 3
Environmentalists have dubbed the region the "dead zone;' a label that overlooks the fact that
life is certainly present--but life of the wrong sort. The sea surface may look normal, but the
bottom is littered with dead or visibly distressed creatures. In extreme hypmcia it is covered
with mats of stinlflng, sulfur-oacidizing bacteria, according to Rabalais. The hypoxic zone
grows more pronounced de�ng the snimner but is dissipated by storms and disperses in the
fall.
Rabalais, Turner and others have published detailed papers documenting the association
between nitrogen levels in the Mississippi, the rate at wluch algae called diatoms accumulate
on the seafloor and the hypo�cic conditions. "We've studied sediment cores," Turner says,
"and we ha�e water-quality data from the Gulf for 20 yeazs--good data for 14 years." Good
water-quality data for the Mississippi goes back fiirtl�er, to the mid-1950s. Rabalais and
Turner have also compared the chemishy of the river with that of other large rivers azound
the world.
Their work has satisfied most oceanographers that there is indeed a direct link between
dissolved nutrients, principally nitrogen, the hypoxia in the lower water column and the
ecological changes. "I l�ow the linkages," Rabalais asserts. Few seem inclined to dissent.
"They've done a good job," agrees Robert W. Howarth of Cornell University. "The ecological
changes are definitely due to hypo�a, and the hypo�a is cleazly due to elevated nutrients."
Rabalais and Turner's work pinpoints as a crucial variable the ratio of nitrogen to silicate
(from minerals) in the Mississippi outflow. As the amount of nitrogen has increased
compazed with the amount of silicate, which is slowly declining because of planktonic
activity upstream, overall production of plankton in the Gulf has increased. Hypoxia is the
result. More alamiing changes could be in store. Rabalais suspects the changing nuhient
balance might start to benefit noxious flagellate protozoa at the expense of the less hazmful
diatoms. ToaZC algal blooms aze indeed becoming more common in the Gulf, as they aze in
polluted coastal regions azound the world. "We aze concerned that future nutrient changes
could make it worse," Tumer says.
The GuIf hypoxic zone represents a grand cfiallenge for environmentat poIicy. The exact
geographic origin of the excess nitrogen is a matter of contention. According to the U.S.
Geological Survey, most of it-56 percent--is from fertilizer runoff. The biggest contributor,
the agency estimates, is the upper Midwest, especially the Illinois basin. Another 25 percent
of Mississippi nitrogen is from animal manures. Municipal and domestic wastes, in contrast,
account for only 6 percent. "Nitrogen loading has gone up coincidentally with fertilizer use,"
Turner atiinns.
The suggestion that America's breadbasket is the cause of the Gulfs problems has not gone
over well with agricuIturaI interests. Turner maintains, however, that the observed effects in
the Gulf could be explained by just 20 percent of the fertilizer used in the Mississippi basin
draining into the river. New techniques far applying fertilizer hold out the hope of reducing
_ ,,, „
runoffwithout sacnficuig crop yields. " °
Efforts getting under way to study and perhaps control the hypo�c zone "break new ground,"
says Don Scavia, head of the coastal ocean program at the Nafional Oceanic and Atmospheric
Administrafion (NOAA) and head of an interagency working group on the hypo�c zone.
"The scale of the issue drives it--it is nutrients from 1,000 miles away." NOAA, together with
the Environmental Protection Agency, has funded research on hypoxia in the Gulf for several
http:!/www.sciam.com/1197issue/1197infocus.html 11/28/2001
Scienrific American:Science and the Citizen: In Focus: Death in the Deep: November 1997 Page 3 of 3
yeazs.
b��r � � l
The Mississippi River Basin Alliance and the Gulf Restorarion Network, bodies representing
users of the land on one hand and of the sea on the other, have joined forces to seek
reductions in nitrogen runoff. "Sludies won't reduce nutrient loading in the Mississippi
River," says C�nthia M. Sarthou of the Gulf Restoration Network. Sarthou states that her
organization is looking for ways to encourage voluntary reductions by fatmers. The alliance,
in contrast, is targeting nonfartn sources. "Some farmers say it's people versus fish; ' notes
Suzi Willans of the Mississippi River Basin Alliance. "It's actually farmers versus
fishermen."
This past summer agencies launched a far-reaching economic and technical examivation of
the Gulf hypoxic zone. The aim is to fmd out about its detailed dynamics, its likely
consequences and what remedies might be most effective. The study will adjust for the fact
that conventional accounting techniques tend to undervalue the benefits of natural resources,
Scavia explains.
The goal is to learn what sacrifices might be worthwhile to restare the region's ecological
health. One effort will hy to nail down scientifically the quesrion of whether the hypoxia has
really caused declines in fish and shrimp catches, as opposed to overfishing, for example.
"We should not rely on anecdote," warns Andrew Solow of the Woods Hole Oceanographic
Institution. Another segment of the study will use computer modeling to esrimate the effects
of reductions in nitrogen use. Such reductions are only one possible approach to control,
Scavia points out. He suggests that buffer ships of wetland, created to serve as a barrier near
the river, might be able to absorb some excess nitrogen.
The scientific assessment is due to be complete in 18 months. But already a management
group is looking at measures that could be initiated sooner. "We'll look for win-win solutions
within the next two months," Scavia declazes. "This can't wait."
--Tim Beardsley in Washington, D.C.
http:Jfwww.sciam.comi1197issuei1197infocus.html 11/2812001
Hypoxia in the Gulf of Mexico
Hypogia in the Gulf of Megico
What's New - Nitrogen in the Mississippi Basin Fact-Sheet Available
Page 1 of 2
��,l�i i
A USGS Fact-Sheet entitled Nitrogen in the Mississippi Basin--Estimating Sources and Predicting
Flux to the Gulf of Me�co is now auailable on the USGS web site. This Fact-Sheet provides a
suimnary of unportant results from the CENR Topic 3 report and from more recent analysis of the
relations between the flus of nutrients from the Mississippi River and the extent of the hypoxic
zone in the Gulf of Mexico. Paper copies all also available from the authors: wbattagl(�a,usgs.gov
Hypoxia Assessment Reports Available
The CENR Topic 3 report entitled Flux and Sources of Nutrients in the Mississippi-Atchafala�
River Basin is now available on the USGS web site as a PDF file. This is one of six reports
prepazed for the White House Office of Science and Technology Policy as part of a science
assessment of hypoxia in the Gulf of Mexico. Go to the National Ocean Service home roaee for
more information.
What is hypoxia?
H�poxia in the Gulf of Mexico refers to an area along the Louisiana-Texas coast in which water
near the bottom of the Gulf contains less than 2 parts per million of dissolved oxygen. Hypoxia
can cause stress or death in bottom dwelling organisms that can't move out of the hypoxic zone.
What is the USGS role in the hypogia issue?
The USGS operates streamflow and water quality monitoring starions throughout the Mississippi
River Basin. Current and historical data from these stations aze being used by USGS scientists as
part of a science assessment to better understand the causes and consequences of hypoxia in the
Gul£ The science assessment is being conducted by the Committee on Enviroxunent and Natural
Resources CENR . Specifically, the USGS through its Toxics Pro ram and National Stream
Quality Accounting Network (NASOAN�program is addressing two questions. 1) What aze the
loads and sources of nutrients delivered to the Gulf of Mexico? Z) What is the relative unportance
of specific huxnan activities such as agriculture, atmospheric deposirion, and point source
discharges in contributing these nutrients? QDownloadable Power Point Presentation
_>
■ Graphics
o On-Line Re�orts
http://wwwrcolka.cr.usgs.gov/midconherb/hypoxia.html 11/28/2001
Hypoa�ia in the Gulf of Mexico
! Abstracts
o Biblio�raohv
i CENR hvnoxia assessment
4Important links to other sites
� Data Sets (Under construction)
Page ?,.of 2
If you would like more information about the sources and transport of nutrients in the Mississippi
River Basin, please contact:
Donald Goolsby
U.S. Geological Survey, WRD
Box 25046, MS 406
Building 53, Wing F-1200
Denver Federal Center
Denver, CO 80225
�oolsbvna,us2s.QOv
WRD home �a�e �Midcontinent Aerbicide home roaee �
URL: http://wwwrco[ka.cr.usgs.gov/midconherb/hypoxia.html
Maintainer. wbattagl@usgs.gov
Last modified: WED June 20, 2001
http://wwwrcolka.cr.usgs.gov/midconherb/hypoxia.html 11/28/2001
� ` 'M
pl - t\\1
�
Statement on a Lawn Phosphorus Fertilizer Ordinance
for the St. Paul City Councii
November 28, 2001
Les Everett
Extension Program Coordinator
Water Resources Center, University of Minnesota
173 McNeal Hall
1985 Buford Ave.
St. Paul, MN 55108
612-625-6751
I would like to state my support for a city ordinance (and state legislation)
regu{ating the app{ication of phosphorus fertilizer on urban 4awns.
1. Urban lawns are a source of phosphorus in runoff water. Surface application
of excess fertilizer combined with excess water from irrigation, rain augmented
with roof runoff, and probably snow-melt will deliver phosphorus directly to
adjacent streets and storm sewers. This has been confirmed by recent research
at Texas A&M University and others (references enclosed). Grassland, including
turt, can be an excellent buffer, absorbing rain and nutrients, however, when
overloaded with phosphorus and saturated with water, it becomes a source of
phosphorus in runoff.
2. Other sources of urban storm water phosphorus have been identified, such as
leachate from dead tree leaves, road grit, and construction erosion. This
indicates that we need a comprehensive approach to urban storm water
phosphorus reduction, including education about best management practices
along wiih appropriate regulations.
3. I am a resident of St. Paul and participate in the St. Paul District 10
Environment Cammittee. We ase attempting to improve the condition of Como
Lake, where the water quality has been severely degraded by phosphorus
loading. The City of St. Paui, as welf as Minneapofis, was recentiy required to
obtain a storm water permit through a suit brought under the federal Clean Water
Act. Under that federai NPDES permit the City must develop and implement a
storm water management plan that wi41 reduce phosphorus loadings. Our
comr�ittee, as well as other organizations in the two cities, requested a
phosphorus fertilizer ordinance as part of the impiementation plan to help reduce
loadings. We also requested more frequent street sweeping in the Como Lake
watershed to prevent phosphorus-containing materials from entering storm
sewers.
i ., . _
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4. The functions of the fertiiizer ordinance would be to:
a. Increase the availability and visibility of phosphorus free fertilizer at all refail
outiets seliing lawn fertilizer. It has not aiways been availabie, nor has it been so
identified.
b. Make it known to retailers, commercial applicators, and lawn owners thaf
phosphorus should be appiied only as need is demonstrated (ie. soil test), and
not as routine blanket coverage ofi signifcant amounts of phosphorus irrespective
of soil phosphorus status. Application af a high-phosphorus "winterizer' fertilizer
is an example of a poor practice currently encouraged by commercial interests.
c. Emphasize that fertilizer must be applied in measured amounts per unit area,
and that fertilizer out of place {ie. left on streets and sidewalks) goes directly to
lakes and rivers.
5. Regu{ations, to be successful, must be designed with the user in mind. The
proposed St. Paul ordinance would require notification of a city office before
phosphorus fertilizer is applied. Instead, I prefer the approach used in the state
feedlot rufes: prescribe conditions of use, require that a record of soil tests be
kept if phosphorus is applied, and invoive city offices only if there is a complaint.
The primary objective is awareness and validation of a standard, not more
bureaucracy.
6. Finally, I coordinate farmer education programs that attempt to reduce
poliution to Minnesota's surFace and ground waters. Farmers believe that they
are being asked to shoulder all of the blame and regulation regarding application
of nutrients. They state that urban lawn owners are allowed unlimited use of
fiertilizer and chemicais, and that these practices result in poflution. We wil{ not
clean up lakes and rivers unless there is both perception and reality that
everyone who is contributing to the problem wiil contribute to the solution.
Thanks for your attention.
References:
Respanse of Tusf and Quality of Water Runoff to Manure and Fertilizer. J.E.
Gaudreau, R.H.1Nhite, D.M. Vietor, T.L. Provin, and C.L. Munster. Journal of
Environmentai Quality Voi. 31 (In press for 2002)
Nutrients and Sediment in Runoff from Creeping Bentgrass and Perennial
Ryegrass Turfs. D. T. Linde and T. L. Watschke. Journal of Environmentai
Quality Vol. 26: 1248-1254 (1997)
Relationship between Phosphorus Levels in Three Ultisols and Phosphorus
Concentrations in Runoff. D.H. Pote, T.C. Daniel, D.J. Nichols, A.N. Sharpley,
P.A. Moore, Jr., D.M. Miiler, and D.R. Edwards. Journal of Environmental Quality
Vol. 28: 170-175 {1999)
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Responsible Industry for a Sound Environment
November 28, 2001
RE: PROPOSED PHOSPHORUS ORDINANCE Ol-llll
Dear Council Member:
I am Christopher Riley, General Counsel and Secretazy of McLaughlin Gormley King Company
("MGK"). MGK is a privately held specialty chemical manufacturer doing business in
Minnesota since 1902. We have manufacturing plants in Minneapol'as (near the University
campus) and in Chaska, and our laboratory and administrative office is in Golden Valley,
Minnesota. MGK specializes in the development, registration and marketing of high value insect
control products, or pesticides. MGK is a member of RISE, which stands for Responsible
Industry for a Sound Environment I am pleased to testify today on behalf of RISE and its other
member companies. RISE is opposed to the proposal to amend the Saint Paul Legislative Code
by creating Chapter 237. We understand that the fixll Council plans to vote on this proposal on
Wednesday, December 5, 2001.
Statement of Interest
RISE is a national not-for-profit trade association representing over 160 producers and suppliers
of specialty pesticide and fertilizer products. Established in 1991, RISE serves as a resource on
pesticides and £ertilizers and provides cunent and accurate information on issues and research
affecting the specialty industry. RISE member companies manufacture over 90 percent of
domestically produced specialty fertilizer for turf and gardens. RISE members are very
concemed about the proposed ordinances in Saint Paul. The fertilizer products our members
produce will be greatly impacted by the ordinance.
Our Comments concerning Chapter 237
Efforts to ban phosphorus from lawn fertilizers in St. Paul and elsewhere in Minnesota have a
certain simplistic appeal. Who could azgue, after all, with an effort to protect water quality?
Additionally, the measure has no direct financial cost for city residents. We ask you to consider,
however, that the proposed ordinance is contrary to scientific evidence on water quality, may
actually contribute to lower water quality in the city, and is contrary to Minnesota law.
The purpose of this ordinance is articulated in Sec. 237.01. Findinas and Purpose. "Data
indicates that lake and watershed quatity may be maintained and improved if the City is able to
regulate the amount of lawn fertilizer and other chemicals entering the lakes and other surface
water as a result of storm water runoff or other causes." The ordinance acknowledges, however,
that when properly applied, fertilizer does run off in water. Sec. 237.03, "Fertilizer Content"
�
provides: "that phosphorus applied as a lawn fertilizer ...shall be watered into the soil where it
is immobilized and generally protected from loss by runoff." (Emphasis added). The
ordinance, while seeking to ban fertilizers, nonetheless recognizes that properly applied lawn
fertilizer binds to the soil and is protected from runoff in groundwater.
This important point is exactly what the vast majoriry of university reseazch demonstrates.
Properly applied tawn fertiliZer is not a significant source of soluble phosphorus. In a widely
used university textbook - the 5` Edition of Soil Fertilitv and Fertilizers: by Tisdale, Beaton,
Nelson and Havlin it states that inorganic phosphorus from fertilizer reacts with the soil and will
travel less than 5 centimeters. Recent reseazch by, Dr. Wayne Kussow, of the University of
Wisconsin-Madison has demonstrated that the vast majority (>80%) of the soluble phosphorus in
runoff from riu grass is organic phosphorus that leached out of the dead vegetation when it was
frozen�. That means that the majority of soluble phosphorus in the runoff from turf grass was
collected during the winter.
Dr. Kussow's research has also demonstrated that over a six-year perxod an acre of fertilized
grass losses an average of 0.301bs. of organic phosphorus per year in the runoff. Over the same
tune period, an acre of unfertilized grass losses an average of 0.421bs. of organic phosphorus per
yeaz in the runof£ Every year, the unfertilized grass losses an additiona10.121bs. of organic
phosphorus to the watershed ttu�ough runoff.
Dr. Kussow's research demonstrates that thick healthy grass (fertilized) has less environmental
impact in terms of organic phosphorus than does unfertilized turf grass. According to this
reseazch, an appropriately implemented fertilization program will improve water quality the City
of Saint Paul. It also follows that a ban on such fertilizers may contribute to phosphorous runoff,
making worse the very problem that the ordinance seeks to address.
We also suggest that the Council consider phosphorous from other sources. One adult
goose will excrete 0.861bs. of phosphorus per year into the watershed. If we assume an
average lawn in Saint Paul is 8,000 squaze feet, one adult goose will contribute as much organic
phosphorus as 15 fertilized lawns or 11 unfertilized lawns each year. Some studies suggest that
geese aze responsible for over 50% of the annual phosphorus load on each lake. Thus, efforts to
control geese populations may do more for water quality than a ban on fertilizers.
While the title of this ordinance indicates that it addresses phosphorus fertilizer issues, the
Council should be aware that the ordinance will also restrict and regulate the use of pesticide
products for lawn care. Many specialty fertilizer products also contain pesticides. These are
known as "combination products" in the specialty industry.
Minnesota law prohibits local regulation of pesticide product sales and use. Minnesota Statutes
section 18B.02 states `Bxcept as specifically provided 'an this chapter, the provisions of this
chapter preempt ordinances by local governments that prohibit or regulate any matter relating to
the registration, labeling, distribution, sale, handling, use, application, or disposal of pesticides.
It is not the intent of this section to preempt local responsibilities for zoning, fire codes or
hazardous waste disposal"
The State of Minnesota regulates pesticide products and their uses, including applicator
certification. We believe it is clear that additional regulation of products and uses at the local
level is not only unnecessary and duplicative, but may be harmful to Minnesota's waters and is
counter to Minnesota State law. If a combination specialty fertilizer product contains both
phosphorus and a pesticide, and most of them do, it would be a registered pesticide and by
Minnesota state law cannot be regulated by a local ordinance.
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Before you vote to approve this ordinance, RISE would strongly urge the Council to take the
time to do a thorough review of all the available scientific literature, consult with turf grass
specialists, soii scientists and agronomists from around the country, including experts from the
University of Minnesota Extension Service. Once you have gather a11 the facts we believe you
will discover that there is no scienrific justification for a phosphorus ban and thus no need for
this ordinance.
In addition, there is cleazly no evidence supporting the preferential treatrnent of naturally
occurring phosphorus products. It is well known in the fertilizer industry that organic sources of
phosphorus aze slower to react with the soils and are therefore more susceptible or available for
storm water runoff than inorganic sources. Once again, this ordinance could, contrazy to its
stated purpose, contribute to phesphorous runoff.
There are a number of positive programs the Council can implement to improve water quality.
We wouid be pleased to help identify constructive projects such as spring street sweeping,
composting or efforts to educate consumers on appropriate use of fertilizer pzoducts. RISE
would prefer to work cooperatively with City Officials and provide additional information and
assistance. RISE members aze also interested in good water quality and a clean environment.
I appreciate the opportunity to provide written testimony on behalf of RISE and thank you in
advance for your consideration.
Sincerely,
� �,
Christopher J. iley �
General Counsel and Secretary
McLaughlin Gormley King Company
RTSE
Responsible Industry for a Sound Environment�
ll 56 I S"' Street, NW; Suite 400
Washington, DC 20005-1704
(202)872-3845
Footnotes:
1- "Contributions of Nitrogen and Phosphorus to Surface and Groundwater from a
Kentucky Bluegrass Lawn": Dr. Wayne Kussow, University of Wisconsin-Madison