9/12/2013 ENVIRONMENTAL OVERSIGHT COMMITTEE Minutes

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Letter in Support of Ordinance#13-09: Fertilizer DCPC Michael Talbot,TalbotEcoLandCare.com In that report from the EPA that has been cited by MALCP and CCLA it does show that properly applied lawn fertilizer to dense lawns only has about a 1 to 2% runoff rate. However,the report also lists lawns that are what they call "high risk"—meaning that the amount of runoff is far greater and a significant source of nitrogen affecting estuaries. Here are some of the problem lawns on their list: • Over-fertilized lawns—most Cape lawns only need one to two pounds of nitrogen per 1,000 square feet, but many professional and homeowner lawn programs apply much more than that—as much as five or six pounds of nitrogen per 1,000 square feet. No Cape Cod home lawn needs that much nitrogen and it will lead to excessive runoff, leaching and volatilization. • Over-irrigated lawns—which is too common here on the Cape; proper lawn irrigation practices should be part of the education program • Lawns on sandy,shallow,compacted and/or low-organic matter content soils—this situation is very common on Cape Cod • AND—this is important—lawns that are adjacent to streams,ponds,salt marshes or bays. There are too many lawns adjacent to sensitive surface waterways, marshes and wetlands where lawn clippings and fertilizer not only can run off into these waters but applications of fertilizer almost certainly are spread directly into the water—where 100%of the nitrogen becomes a nutrient loading issue. Regulations must restrict applications near waterways. I have also observed fertilizer applied on snow in March and on frozen ground in November and December. I have seen fertilizer applied to dormant lawns in summer, and I have witnessed firsthand many applications where lawn fertilizer was applied halfway across an asphalt roadway or driveway. In all of these cases the nitrogen and phosphorus, and any pesticides as well, will certainly run off and affect our drinking water, bays, ponds and streams. Many of these problem lawn situations are addressed in the draft regulations included as part of this Ordinance—and they should all be addressed, if we are serious about cleaning up our precious waterways. The EPA report also provides a way for our communities to get credit for reducing the use of lawn fertilizers, which we can use when working out final wastewater plans. Whether lawn fertilizers contribute 5%or 15%or 25%to the problem,the only numbers that matter to the DEP,the EPA and the courts are the accepted studies of the scientists of the Massachusetts Estuaries Project. Those numbers still show that in many estuaries on Cape Cod lawn fertilizers are still the second leading cause of nitrogen loading. More importantly for the taxpayers of the Cape, lawn fertilizers are the easiest and cheapest source of nitrogen to manage. Now is the only time we can do this—we can't wait because if we don't have local regulations in place by January 1 we will lose the option of this important tool for improving water quality. Are we really going to tell the taxpayers on Cape Cod that they can't have the OPTION at least of managing lawn fertilizers as another way to reduce the huge costs of meeting our required Total Maximum Daily Loads (TMDLs)? The State is not going to do this for us—the recent legislation passed only deals with phosphorus. We have to preserve this power and this tool for reducing costs locally now. And, if we do this right,this can also be good for the lawn care companies that do the right thing. We have to include homeowners,as other states have done—and encourage them through education to September 11, 2013 Page 3