HomeMy WebLinkAbout9A - Lawn Fertilizer Ordinance
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
AUGUST 7, 2000
9A
LANOL LEICHTY, WATER RESOURCES COORDINATOR
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF ORDINANCE OO-XX AMENDING SECTION
600 OF THE PRIOR LAKE CITY CODE, ADDING SECTION 607: "LAWN
FERTILIZER APPLICATION CONTROL"
DISCUSSION:
HISTORY'
The purpose of this item is to consider approval of Ordinance 00- XX to amend
City Code Section 600 which would restrict the use of phosphorus lawn fertilizer.
The Comprehensive Lake Management Plan for Prior Lake, approved by City
Council on June 19, 2000, identified this as one of the first priorities to be
accomplished in the implementation schedule.
CURRENT CIRCUMSTANCES:
Results from 124 soil sample tests conducted by the Watershed District since 1995
indicated that 40% of lawns around Prior Lake had a phosphorus level that
exceeded that of the measurement scale. All of the tests had a phosphorus content
ranging from high to very high (plus), with none having a range of low to medium
phosphorus content.
The purpose of the proposed ordinance is to define regulations , which will aid
the City in managing and protecting its water resources which are enjoyed by its
residents and other users. The attached ordinance contains licensing procedures
for commercial applicators, as well as regulations and exemptions. The ordinance
also implements a penalty for noncompliance.
CONCLUSION:
Phosphorus applied to lawns or turf has a negative impact on surface waters,
especially if applied incorrectly. An increase of phosphorus in lakes can
significantly increase the rate of aquatic vegetation growth. The 1998 lake survey
conducted by the Lake Advisory Committee resulted in 48% of the respondents
indicating water quality was their number one concern regarding the lake. This
ordinance would prohibit the use of lawn fertilizer with phosphorus except for
newly established lawns for the first growing season and for lawn areas that are
deficient in phosphorus.
Rh66100IlEtlgl~ePB~.o&E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDED
MOTION:
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ISSUES:
Enforcement of the ordinance would be by the honor system for private residents.
For commercial applicators of fertilizer, a license would be required to be
obtained each year at a proposed cost of $50.00 per business. If Council adopts
this ordinance, staff will notify all potential retail sellers and commercial
applicators of lawn fertilizer in the local area of the new requirements. Residents
will be notified through the Wave Length, the official publication notice in the
Prior Lake American, an article in the W ater Watch, and through po stings around
the City.
The alternatives are as follows:
1. Adopt Ordinance OO-XX amending Section 600 of the Prior Lake City Code.
2. Table this item for a specific reason.
3. Deny the ordinance 00- XX at this time.
A motion and second to adopt Ordinance OO-XX amending Section 600 of the
Prior Lake City Code.
REVIEWED BY:
REVIEWED BY:
ORDINANCE OO-XX
AN ORDINANCE AMENDING SECTION 600
OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain:
Section 600 of the Prior Lake City Code is hereby amended to read as follows:
Subsections:
607.100:
607.200
607.300
607.400
607.500
607.600
607.700
607.100:
607.200:
SECTION 607
LAWN FERTILIZER APPLICATION CONTROL
Purpose
Definitions
Regulations for Commercial Lawn Fertilizer Applicators
General Regulations
Exemption to Phosphorous Requirement
Penalty
Effective Date
Purpose: The City has reviewed existing data related to the water quality of Prior Lake. The data
indicates that lake water quality may be maintained and improved if the City is able to regulate the
amount of lawn fertilizer entering the lake as a result of storm water runoff or other causes.
Excessive nutrient loading leads to excessive aquatic vegetation and reduced transparency. The
purpose of this ordinance is to define regulations, which will aid the City in managing and
protecting its water resources which are enjoyed by its residents and other users.
Definitions: For the purpose ofthis section, certain terms and words are defined as follows:
. . ' . , '"
"Commercial Applicator" is a person who is engaged in the business of applying fertilizer for
profit..
"Fertilizer" means a substance containing one or more recognized plant nutrients that is used for
its plant nutrient content and designed for use or claimed to have value in promoting plant growth.
Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime,
limestone and other products exempted by Rule by the Minnesota Commissioner of Agriculture.
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607.300:
607.301
607.302
607.303
"Noncommercial Applicator" is a person who applies fertilizer during the course of
employment, but who is not a commercial lawn fertilizer applicator, including such persons as
lawn mowing companies.
Regulations for Commercial Lawn Fertilizer Applicators:
License Required: No person, firm, corporation or franchise shall engage in the business of
commercial lawn fertilizer application within the City unless a license has been obtained from the
City Manager or a designee as provided herein.
License Allplication Procedure: Applicants for a commercial lawn fertilizer applicator license
shall be submitted to the City Manager or a designee. The application shall be on a form provided
by the City and contain at a minimum of the following information:
(1) Application Form. Applications forms shall be provided by the City and shall include the
following instructions:
)> Name, address and telephone number of applicant and any individuals authorized to
represent the applicant.
)> Description of lawn fertilizer formula proposed to be applied an lawns within the City.
)> A time schedule for application of lawn fertilizer and identification of weather
conditions acceptable for lawn fertilizer application.
(2)
Product Material Safety Data Sheet. A copy of Material Safety Data Sheet, including
product chemical analysis of the intended lawn fertilizer, shall be submitted to the City
along with the initial application for a license, and, thereafter, at least seven days before
fertilizer composition changes are implemented.
(3)
Minnesota State Licenses. A copy of all licenses required of the applicant by the State of
Minnesota regardmg the application of pesticides and fertilizers.
(4)
License Fee. An applicator license fee for each commercial business shall be Fifty Dollars
($50.00) or as determined or as established by the City Council. The license shall expire on
the 31 st day of December. The license fee shall not be prorated.
~ Add.\.no'1"\ 3h~o(~eQ.
Such other mformatlun a~ the Glty Manager may deem necessary to making an informed
decision concerning whether to issue a license to the applicant.
(5)
Conditions of License: Commercial lawn fertilizer applicator licenses shall be issued subject to
the following conditions which shall be specified on the license form:
(1) Random Sampling. Commercial lawn fertilizer applicators shall permit the City to sample
any commercial lawn fertilizer applications to be applied within the City at any time after
issuance of the initial license.
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607.400:
607.401
607.402
607.403
607.404
607.405
607.500:
(2) Possession of License. The commercial lawn fertilizer license, or a copy thereof shall be in
the possession of any party employed by the commercial lawn fertilizer applicator when
making lawn fertilizer applications within the City.
(3) Possession of Product Material Safety Data Sheet. A copy of product Material Data Safety
Sheet of the lawn fertilizer used shall be in the possession of any party employed by the
commercial lawn fertilizer applicator when making lawn fertilizer applications within the
City.
(4) State Regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer
and Soil Conditioner Law as contained in Minnesota Statutes Sections 17.711 through and
including 17.729 and amendments thereto.
General Regulations.
M fTSh'j
Time of Application: ~ commercial applicato~\ or noncommercial applicator\ may apply
lawn fertilizer when the ground is frozen or when conditions exist which will promote or create
storm water runoff.
Sample Analvsis Cost: The cost of analyzing fertilizer samples taken from commercial
applicators shall be paid by the commercial applicators if the sample analysis indicates that
phosphorus content exceeds the levels authorized herein.
N. p~ v> I> '" ~
rW /)or
Fertilizer Content: cithef-il commercial applicator AeMt noncommercial applicator shall apply
any lawn fertilizer, liquid or granular, within the City of Prior Lake which contains any amount of
phosphorous or other compound containing phosphorous, such as phosphate, except:
(I) the naturally occurring phosphorous in unadulterated natural or organic fertilizing products
such as yard waste compost
(..01.
(2) or as otherwise provided in Section~ Co)YMo(.I~,<-f Jff/tcJ16Y ff Yllf)'l(O~;;r/~
Impervious Surfaces and Drainal!e Ways: No perso~hall apply fertilizer to impervious
surfaces, areas within drainage ditches, or waterways.
Buffer Zone: No fertilizers and pesticides regardless of whether it contains phosphorus shall be
applied:
(I) below the Ordinary High Water lines as established by the Minnesota Department of Natural
Resources; or
(2) within fifteen (15) feet of any wetland or water resource.
Exemption to Phosphorous Requirement: The limitation pertaining to quantity of phosphorous
shall not apply to:
(I) newly established or developed turf and lawn areas during the first growing season; or
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607.600
607.700
607.800
(2) turf and lawn areas which soil tests confirm are below phosphorous levels established by the
University of Minnesota Extension Services. The lawn fertilizer application shall not contain
an amount of phosphorous exceeding the amount of phosphorous and the appropriate
application rate recommended in the soil test evaluation.
Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be
watered into the soil where it is mobilized and generally protected from loss by runoff.
At least 24 hours prior to applying lawn fertilizer that exceeds the phosphorus limits as
specified in this subsection, the City must receive notice from the commercial license
applicator of the lawn fertilizer application, the reason for exceeding the phosphorous
limitations provided in this Chapter and the amount of phosphorous contained in the lawn
fertilizer to be applied.
. Penalty: Any person or business violating any provision of this Section shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine of not more than seven
hundred dollars ($700.00) The City may revoke a commercial applicator's license for any
subsequent violations of this Chapter.
Revocation: The City manager may revoke a commercial applications license upon finding that
there has been a violation of this Chapter. The City manager shall provide a license with ten (10)
days written notice that the City manager intends to revoke the license. The notice shall state the
violation and provide a factual basis for the determination. The licensee may, within the ten (10)
day notice period, request a hearing before the City Manager to present facts why the licensee's
license should not be revoked. The City Manager shall meet with the appellant within five (5)
business days of receiving the licensee's notice requesting reconsideration of the revocation
decision. The meeting with the licensee shall consist of the City Manager and a department head
designated by the City Manager to observe and document the discussion between the licensee and
the City Manager. The licensee may be accompanied by any individual who has evidence to
support the licensee's claim that the licensee has not violated any provision set out in this Section.
Effective Date: For noncommercial applicators this Section shall become effective upon its due
passage and enactment and publication according to law. For commercial applicators this Section
shall become effective January I, 2001.
Passed by the City Council of the City of Prior Lake this 7th day of August, 2000.
ATTEST:
Frank Boyles, City Manager
Wesley Mader, Mayor
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Published in the Prior Lake American on the 12th day of August, 2000.
Drafted By:
City of Prior Lake Engineering Department
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
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City of Prior Lake
16200 Eagle Creek Ave. SE
Prior Lake, MN 55372
Phone: (952) 447-4230
Fax: (952) 447-4263
Fertilizer Applicator License Application
I. APPLICANT INFORMATION
Company Name:
Trade Name:
Applicant Name:
Address:
Phone#:
Business Owner:
Nature of Business:
II. LICENSE & INSURANCE INFORMATION
State Sales Tax Number:
Insurance Company:
State License Number:
Insurance Policy Number:
III. FEE
License fee is $50.00 for each Commercial Applicator conducting business in Prior
Lake.
IV. LAWN FERTILIZER APPLICATION CONTROL ORDINANCE
I HAVE READ AND UNDERSTAND THE PURPOSE AND UNDERSTAND THE INTEND OF THIS
ORDINANCE AND AGREE TO COMPLY WITH ALL ITS PARTS. I, FURTHER UNDERSTAND, THE
SPECIFIC STANDARDS ESTABLISHED BY THIS ORDINANCE FOR FERTILIZER CONTENT AND ITS
TIME OF APPLICATION WITHIN THE CITY OF PRIOR LAKE.
SIGNATURE
DATE
V. SUPPLEMENT ARY MATERIALS
Please make sure the following items are included with your application:
. Proof of Insurance
. Copy of State License (company license and applicator license).
. Check for the appropriate amount (make check payable to the City of Prior Lake).
. Material Safety Data Sheets of all fertilizer products intended to use. Make sure to include
the product ratio (N, P, K) of all products.
. Certificate of Compliance for the Minnesota Worker's Compensation Law, and The
Department of Revenue, and the Tennessen Warning form.
GIFORMSIFERTlLZDOC
CERTIFICATE OF COMPLIANCE
DEPARTMENT OF REVENUE INFORMATION
Pursuant to Minnesota Statue 270.72 Tax Clearance; Issuance of Licenses, the licensing authority is required to
provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and
the social security number of each license applicant (person sil!ninl! the application).
Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to
advise you of the following regarding the use ofthis information:
1. This information may be used to deny the issuance, renewal, or transfer of your license in the
event you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest;
2. Upon receiving this information, the license authority will supply it only to the Minnesota
Department of Revenue. However, under the Federal Exchange of Information Agreement, the
Department of Revenue may supply this information to the Internal Revenue Service;
3. Failure to supply this information may jeopardize or delay the processing of your license
issuance.
Please supply the following information and return along with your application:
TYPE OF LICENSE BEING APPLIED FOR OR RENEWED:
PERSONAL INFORMATION:
Applicant's Name:
Applicant's Address:
(City)
(State)
(Zip)
Social Security Number:
BUSINESS INFORMATION:
Business Name:
Business Address:
(City)
(State)
(Zip)
Minnesota Tax Identification Number:
Federal Tax Identification Number:
If a Minnesota Tax: Identification number is not required, please explain on the reverse side.
Date
Signature and Position (Officer, Owner, Partner)
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NOTIFICATION FOR LICENSE INVOLVING
PRIVATE OR CONFIDENTIAL INFORMATION
(includes Tennessen Warning)
In connection with your request for a license, the City has asked that you provide
information about yourself which may be classified as private, confidential, non-public, or
protected non-public under the Minnesota Government Data Practices Act. This means
that this data is not ordinarily available to the general public. Accordingly, the City is
required to inform you of the following:
1. The purpose and intended use of the information requested is to determine if you are eligible
for a license from the City of Prior Lake.
2. You are not legally obligated to supply the requested information.
3. The known consequences of supplying the requested information is that the information or
further investigation could disclose information which could cause your application to be
denied.
4. The known consequences of refusing to supply the requested information is that your request
for a license cannot be processed.
5. A criminal charge, arrest, or conviction will not necessarily bar you from obtaining a license
with the City, unless the conviction is related to the matter for which the license is sought,
according to Minnesota Statute 364.03. However, failure to reveal the requested criminal
information will be considered falsification of the application and may be used as grounds
for the denial of the application.
6. Other governmental agencies necessary to process your application are authorized by law to
receive the information provided.
7. The City is required by law to furnish some of this information to the Department of Labor
and Industry and the Minnesota Commissioner of Revenue.
Tlte undersigned, by signing tltis notice, acknowledges tltat Ite/slte Itas read and understood
tlte contents of tit is notice and Itas received a copy of tit is notice.
Date
Signature
G:IFORMSILlCENSE.DOC
CERTIFICATE OF COMPLIANCE
MINNESOTA WORKERS' COMPENSATION LAW
Minnesota Statue, Section 176.182 requires every state and local licensing agency to withhold the issuance or
renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant
presents acceptable evidence of compliance with the workers' compensation insurance coverage requirements of
MSS Chapter 176. The information required is: the name of the insurance company, the policy number, and
dates of coverage, or the permit to self insure. This information will be collected by the City and retained in the
files.
This information is required by law, and licenses and permits to operate a business may not be issued or renewed
if it is not provided and/or is falsely reported. Furthermore, if this information is not provided or falsely stated, it
may result in a $1,000 penalty assessed against the applicant by the Commissioner ofthe Department of Labor
and Industry.
Insurance Company Name:
(NOT the insurance agent)
Policy Number:
Dates o/Coverage:
TO
(OR)
I am not required to have workers' compensation liability coverage because:
o I have no employees
o I am self insured (include permit to self-insure)
o I have no employees who are covered by the workers' compensation law
these include: (spouse, parents, children and certain farm employees)
I certify that the information provided above is accurate and complete and that a valid worker's
compensation policy will be kept in effect at all times as required by law.
Name:
(First)
(Middle)
(Last)
Name of Business:
Business Area:
(City)
(State)
(Zip)
Business Phone:
Date
Signature
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