[HISTORY: Adopted by the Board of Health of the Town of Nantucket
2012. Amendments noted where applicable.[1]]
TOWN CODE REFERENCES
Wetlands — See Ch. 136.
TOWN REGULATIONS REFERENCES
Administration of Board of Health regulations; definitions — See Ch. 223.
Toxic and hazardous materials — See Ch. 371.
Wetlands protection — See Ch. 390.
[1]
Editor's Note: The Board of Health approved the codification
of its regulations, as revised, 6-16-2022.
A.
There is sound scientific evidence to conclude that nitrogen and
phosphorus in fertilizers are contaminants that negatively affect
fresh and salt waters when present in excessive amounts. These excessive
amounts of nitrogen and phosphorus contribute to undesirable algal
and aquatic plant growth within all Nantucket water bodies. This undesirable
algal and aquatic plant growth has an adverse effect on public health
through the degradation of waters used for drinking water, shell fishing,
and recreational swimming and boating.
B.
With regard to the above, the Massachusetts Estuaries Program (MEP) has completed reports detailing the excessive nutrient loading of Nantucket's harbors, embayments, salt ponds and coastal resources from multiple sources, including fertilizers. The MEP considers fertilizers as a "locally controllable source" of degradation to the water resources of Nantucket. As a result of the completed MEP Reports in Nantucket Harbor, Polpis Harbor, Madaket Harbor, Long Pond and Sesechacha Pond, the Massachusetts Department of Environmental Protection (MassDEP) has issued total maximum daily loads (TMDLs) in these waters. These TMDLs are directives that the Town must meet with its water quality, which is enforced through the Federal Clean Water Act. Compliance with this Chapter 252 will serve to reduce excessive nitrogen loadings to Nantucket water resources, thus providing a partial solution to meet the TMDLs.
C.
Nantucket has significant amounts of glacially deposited coarse,
sandy soils that are subject to rapid water infiltration, percolation,
and leaching of nutrients. These soil characteristics mean that normal
agronomic practices of soil fertilization and amendment do not necessarily
apply on Nantucket.
A.
It is necessary to control by regulation in the Town and County of
Nantucket the use of fertilizer that contains phosphorus and nitrogen
so as to improve and restore the quality of its water resources.
B.
This regulation provides for a reduction of nitrogen and phosphorus
deposition into Nantucket's waters and wetlands by means of an organized
system of education, licensure, and regulation of practice and should
help Nantucket to achieve compliance with the embayment specific total
maximum daily loads (TMDLs) prescribed by the Commonwealth of Massachusetts
for controllable nitrogen and phosphorus in its water resources.
This regulation is adopted by the Town of Nantucket Board of
Health as authorized by MGL c. 111, § 31.
For the purposes of this regulation, the following words shall
have the follow meanings unless the context clearly indicates a different
meaning:
Farming in all of its branches and the cultivation and tillage
of the soil; the production, cultivation, growing, and harvesting
of any agricultural, floricultural or horticultural commodities; the
raising of crops for commercial sale, where the threshold of "commercial"
is $2,500 or more of gross sales per calendar year, measured as an
average over a five-year period. See also "horticulture."
The application of substances to soils and plantings; amendments
include but are not limited to fertilizers and may include other soil
conditioners such as lime, compost, and other organic materials.
Any person who applies fertilizer to plants and soils.
A sequence of activities designed to limit a nonpoint pollution source. For the purposes of this regulation and pursuant to § 252-5A of this regulation, "BMP" means the current edition of Best Management Practices for Fertilizer Use on Lawn and Landscape Plantings on Nantucket, MA.
Sometimes known as "weed and feed'; any product that, in
combination with fertilizer, contains weed killer, defoliant, crabgrass
preventer, or any other chemical for restricting the growth of plants
other than turf.
Partially decomposed organic matter that is used as a soil
amendment. Compost is considered a fertilizer for the purposes of
this regulation.
A liquid infusion of compost that is used as a soil amendment
or foliar fertilizer. Compost tea is considered a fertilizer for the
purposes of this regulation.
Elapsed or actual time spent in an educational, professional-development
activity.
Any water-soluble nitrogen that is immediately available
to plants upon application.
The act of applying fertilizer to plants or soils.
A substance that enriches the soil with elements essential
for plant growth, such as nitrogen, phosphorus, or other substances.
Fertilizer does not include those nutrients that are normally excluded
from fertilizer such as those that are chemically part of dolomite,
limestone, or lime. Fertilizer includes foliar fertilizers, as defined
below.
Documentation denoting that an individual or corporate entity
has demonstrated, by means of an examination, competency in applying
fertilizer on properties within the Town and County of Nantucket.
Any fertilizer product designed for uptake into a plant through
its leaves and which typically is sprayed directly onto a plant.
The individual who has direct oversight of the daily activities
of the Nantucket Health Department.
A general term meaning plant science and plant products.
For the purposes of this regulation, "horticulture" means the raising
of flowers, fruits, vegetables, berries, herbs, nuts, and other similar
products for commercial sale, where the threshold of "commercial"
is $2,500 of gross sales per calendar year measured as an average
over a five-year period. See also "agriculture."
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
A person who, in exchange for money, goods, services, or
other consideration, applies fertilizer to plants or soils.
Establishment by sod, seeding, or transplanting, renovation,
maintenance, or fertilization of turf and other plantings.
A person authorized by the Nantucket Board of Health or Health
Agent to apply fertilizer for commercial purposes.
Encompasses the land and water of the Town and County of
Nantucket, including Tuckernuck and Muskeget.
The current edition of the Best Management Practices for Fertilizer Use on Lawn and Landscape Plantings on Nantucket, MA." Pursuant to § 252-5A of this regulation, the Nantucket BMP is adopted by the Board of Health and is generally available to the public.
The local board appointed by the Select Board to oversee
public and environmental practices through the actions of its Health
Department within the Town and County of Nantucket.
The bodies politic created by state statute (of the Commonwealth
of Massachusetts General Court) to govern the lands and waters of
Nantucket, as defined above.
Contamination which includes but is not limited to sediments,
nutrients, pathogens, and pollutants that collect in water bodies
from stormwater runoff and boat waste discharges. (301 CMR 26.03,
"Definitions" in the "Coastal Pollutant Remediation Program")
Any activity releasing pollution that is not deemed point-source
pollution.
Any of the following 16 elements needed for growth of a plant:
the three nonmineral elements: carbon, hydrogen, and oxygen; the six
macronutrients: nitrogen, phosphorus, potassium, calcium, magnesium,
and sulphur; and the seven micronutrients: boron, copper, iron, chloride,
manganese, molybdenum, and zinc.
Systematic control of the application of nutrients.
Organized cultivation of plants for beneficial purposes.
Biological organisms in the Kingdom Plantae that, for the
purposes of this regulation, are used domestically.
Comes from end-of-pipe stationary locations such as sewage
treatment plants, factories, and ships and is subject to regulatory
control under the Massachusetts Clean Water Act and the Federal Water
Pollution Control Act, both as amended.
Nitrogen in a form that delays its availability for plant
uptake and use after application and is not rapidly available to turf
and other plants.
The uppermost layer of the earth's surface, comprised of
mineral and organic matter, which can host biological communities.
A technical analysis of soil conducted by an accredited soil
testing laboratory.
A calculation of the maximum amount of a pollutant that a
water body can receive and still safely meet water quality standards.
Grass-covered soil held together by the roots of the grass;
also known as "sod" or "lawn."
Include, but are not limited to, streams, including intermittent streams, creeks, rivers, freshwater and tidal wetlands, ponds, lakes, marine waters, canals, lagoons, embayments, and estuaries within the Town and County of Nantucket, including without limitation all waters defined in MGL c. 131, § 40 and Chapter 136, Wetlands, of the Code of the Town of Nantucket.
A.
Nantucket best management practices. The Nantucket Board of Health
shall adopt the document known as the "Nantucket Best Management Practices'
("Nantucket BMP"), which shall be incorporated into and be part of
this regulation. The initial version of the Nantucket BMP has been
developed by a broad group of stakeholders representing diverse interests
and has been reviewed by soil and turf scientists and educators. It
is based on principles of soil science appropriate to Nantucket soils
and climate. Therefore, notwithstanding the requirements of MGL c.
111, § 31, no amendment to the Nantucket BMP shall be adopted
until such time as the Nantucket Board of Health shall hold a public
hearing thereon, notice of the time, place and subject matter of which,
sufficient for identification, shall be given by publishing in a newspaper
of general circulation in the Town and County once in each of two
successive weeks, the first publication to be not less than 14 days
prior to the date set for such hearing. No such amendment shall be
effective unless the proposed amendment has been reviewed and commented
upon by soil and turf scientists and educators and it is passed by
a four-fifths vote of the Nantucket Board of Health.
B.
Performance standards for nonlicensed applicators. Applicators who do not hold fertilizer licenses issued in accordance with § 252-6B of this regulation shall comply with the following standards:
(1)
Applicators shall not apply fertilizer immediately before or during
heavy rainfall, such as but not limited to thunderstorms, hurricanes,
or northeastern storms, or when the soil is saturated due to intense
or extended rainfall.
(2)
Applicators shall not apply fertilizer between October 16 and the
following April 14.
(3)
Applicators shall not apply, spill, or deposit fertilizer on any
impervious surface and fail to remove the applied, spilled, or deposited
fertilizer immediately, or to apply fertilizer in a manner that allows
fertilizer to enter into storm drains or other man-made storm flowage
receptacles and/or channels.
(4)
Applicators shall not apply fertilizer closer than 100 feet to any
water body as defined above unless a permit is obtained from the Nantucket
Conservation Commission allowing such activity (This reflects current
Nantucket Wetland Regulations.[1]);
(5)
Applicators shall not deposit grass clippings, leaves, or any other
vegetative debris into or within 25 feet of water bodies, retention
and detention areas, drainage ditches or stormwater drains, or onto
impervious surfaces such as, but not limited to, roadways and sidewalks,
except during scheduled clean-up programs.
(6)
The following restrictions shall apply to the content of fertilizer
to be applied to turf, other plants, or soil by such nonlicensed applicators:
(a)
An applicator shall not apply more than 0.25 lb Nil 000 square
feet of fast-release nitrogen fertilizer in any one application.
(b)
An applicator shall not apply fertilizer that contains phosphorus,
unless a soil test indicates a phosphorus deficiency and it is applied
in conformance with the Nantucket BMP.
(c)
Applications of compost, which contain phosphorus, may only
be applied in conformance with the Nantucket BMP.
(7)
A single application of nitrogen for turf shall not exceed 0.5 pound
of actual nitrogen per 1,000 square feet and the annual rate shall
not exceed 3.0 pounds of actual nitrogen per 1,000 square feet; a
single application for trees, shrubs, herbs and other ornamental plantings
shall not exceed 0.5 pound of actual nitrogen per 1,000 square feet
and the annual rate shall not exceed 2.0 pounds of actual nitrogen
per 1,000 square feet.
(8)
Applications of nitrogen shall be done at intervals of no less than
two weeks until the annual maximum is reached.
(9)
The fertilizer application requirements of Subsection B(7) shall apply without limitation to the application of combination products.
(10)
Foliar fertilizers shall be applied in compliance with the Nantucket
BMP. The nitrogen application rate of foliar products shall be included
when calculating the annual total nitrogen application rate.
(11)
Compost and compost tea shall be applied in compliance with
the Nantucket BMP. The nitrogen and phosphate application rates of
compost and compost tea shall be included when calculating the annual
total fertilizer application rate.
C.
D.
(1)
Application of phosphorus when establishing vegetation, after land
disturbance, and when reestablishing or repairing turf after substantial
damage, provided the application is in compliance with the Nantucket
BMP. When applied within 100 feet of any water body such application
requires a permit from the Nantucket Conservation Commission (This
reflects current Nantucket Wetland Regulations.[2]).
(2)
Application of fertilizer for agricultural and horticultural uses,
including sod farms.
A.
Education.
(1)
The Town of Nantucket Board of Health shall maintain a program of
fertilizer education that is based on the Nantucket BMP.
(2)
The Nantucket Board of Health shall administer an assessment to determine
an individual's proficiency with respect to the Nantucket BMP.
(3)
Summaries of fertilizer application requirements will be made readily
available to the public by the Nantucket Board of Health.
B.
Licensure.
(1)
No landscape professional shall apply fertilizer in the Town and
County of Nantucket without a license issued by the Nantucket Board
of Health in accordance with this regulation. Such license may be
held but is not required by property owners who apply fertilizer on
their own property.
(2)
Fertilizer licenses shall be effective beginning on January 1 in the year of issue, and shall be in effect for three calendar years, unless previously revoked in accordance with Subsection C of this section.
(3)
Fertilizer licenses may be renewed on application. Renewal applications
shall be submitted to the Nantucket Board of Health no later than
December 1 of the year preceding the year for which renewal is sought.
(4)
Any application for a fertilizer license or for renewal of a fertilizer license shall be accompanied by a fee as set from time to time by the Board of Health and certification that the applicant has shown proficiency of the Nantucket BMP as determined by the Nantucket Board of Health, as set forth in § 252-6A(2) of this regulation.
(5)
Any landscape professional licensed under this regulation shall keep
said license in his/her possession, which shall be readily available
for display. The license shall indicate the license number and shall
include the licensee's signature and date of the license expiration.
The licensee shall display such license when requested to do so by
any officer of the Nantucket Police Department or Nantucket Board
of Health.
C.
Enforcement.
(1)
License suspension or revocation. The Nantucket Board of Health may
suspend or revoke any license issued pursuant to this regulation or
any other applicable law. Such revocation or suspension may take place
after a hearing held by the Nantucket Board of Health, of which the
license holder shall be given seven days' written notice. Such notice
shall be deemed given upon certified return receipt mailing same to
the address listed on the license application.
(2)
Noncriminal disposition. This regulation may be enforced by the Nantucket Health Director, Assistant Health Officer and/or any police officer of the Town of Nantucket. Whoever violates any provision of this regulation may be penalized by a noncriminal disposition process as provided in MGL c. 40, § 21D and the Town's noncriminal disposition bylaw, Chapter 1, Article II, of the Code of the Town of Nantucket. If noncriminal disposition is elected, then any person who violates any provision of this regulation shall be subject to a penalty in the amount of $300 per day for each day of violation, commencing 10 days following day of receipt of written notice from the Nantucket Board of Health. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
(3)
Other. Whoever violates any provision of this regulation may be penalized
by indictment or on complaint brought in the District Court. Except
as may be otherwise provided by law and as the District Court may
see fit to impose, the maximum penalty for each violation or offense
shall be $1,000. Each day or portion thereof shall constitute a separate
offense. If more than one, each condition violated shall constitute
a separate offense. The Nantucket Board of Health may enforce this
regulation or enjoin violations thereof through any lawful process,
and the election of one remedy by the Nantucket Board of Health shall
not preclude enforcement through any other lawful means.
Should any section, part or provision of this regulation be
deemed invalid or unconstitutional, such decision shall not affect
the validity of the remaining terms of this regulation as a whole
or any part thereof, other than the section, part or provision held
invalid or unconstitutional.
This regulation is based on the Nantucket BMP and was developed
by a broad group of stakeholders representing diverse interests and
has been reviewed by soil and turf scientists and educators. Therefore,
notwithstanding the requirements of MGL c. 111, § 31, no
amendment to this regulation shall be adopted until such time as the
Nantucket Board of Health shall hold a public hearing thereon, notice
of the time, place and subject matter of which, sufficient for identification,
shall be given by publishing in a newspaper of general circulation
in the Town and County once in each of two successive weeks, the first
publication to be not less than 14 days prior to the date set for
such hearing. No such amendment shall be effective unless the proposed
amendment has been reviewed and commented upon by soil and turf scientists
and educators and it is passed by a four-fifths vote of the Nantucket
Board of Health.
This regulation shall take effect on January 1, 2013, and upon
publication pursuant to MGL c. 111, § 31.
Landscape professionals may apply fertilizer without a license during the interim period between the effective date of this regulation and the development of a licensing program by the Nantucket Board of Health, provided that they comply with § 252-5C(2) of this regulation.
