ORDINANCE
REGULATING USE OF FERTILIZER
The Lake Wapogasset & Bear Trap Sanitary District does ordain as follows: Hereby added to the regulations dealing with the Sanitary District is the following Ordinance:
APPLICATION AND PHOSPHATE CONTROL
Purpose: Lake Wapogasset & Bear Trap Sanitary District has conducted an examination of current scientific literature, dealing with the effect on water quality of the application of fertilizers. The data indicates that the water quality of the lakes may be maintained and improved if the Sanitary District is able to regulate the amount of chemicals and nutrients entering the lakes as a result of water runoff and other causes. The purpose of this ordinance is to define regulations which will aid the Sanitary District in maintaining and improving water resources which are enjoyed by residents and other users and to further educate the residents and users with some of the steps they can take to maintain the water quality of their lakes.
A. REGULATIONS FOR COMMERCIAL LAWN FERTILIZER APPLICATIONS
Persons, firms, corporations or franchises engaged in the business of lawn fertilizer application within the Sanitary District will be provided with a copy of this ordinance and asked to sign a statement of understanding, including an analysis of the product to be used, as provided herein.
B. REGULATIONS FOR PROPERTY OWNERS
Upon the Sanitary District’s request, the property owner shall provide the District with a sample of lawn fertilizer to be applied by property owners. The quantity of the sample shall be large enough to permit laboratory testing.
C. GENERAL REGULATIONS
1. Time of application. Lawn fertilizer application shall not be applied between November 15 and April 15 of the succeeding year or when the ground is frozen. Application is recommended during the autumn months rather than in the wet spring months. Care is to be exercised so as to apply the fertilizer during periods of low wind conditions which will allow for the placement of the fertilizer in the designated area.
2. Sample analysis. The cost of analyzing fertilizer samples taken from property owners shall be paid by the property owner if the sample analysis indicates that the phosphorus content exceeds the levels authorized herein.
3. Fertilizer content. The fertilizer being applied must contain zero % (0.00 percent)phosphate by weight or volume.
4. Impervious surfaces. No person shall apply fertilizer to any impervious surfaces (roadway, walkway, stairway, patio, etc.), or to areas within drainage ditches or waterways. Nor shall any person pile, store or burn clippings or leaves on an impervious surface, drainage ditch or waterway where they could be washed or transported into waterways. All residual by-products of burning must be disposed of in a manner that ensures no runoff into a waterway.
5. Buffer Zone. Fertilizer applications shall not be made within 35 feet of any wetland or water resources.
6. Penalty. Except as hereinafter provided, any person, firm, corporation or franchise who is found in violation of this ordinance shall pay a fine of up to $500 for violation of the ordinance.
D. THE EFFECTIVE DATE OF THIS ORDINANCE IS JUNE 27, 2000.
E. STATEMENT OF UNDERSTANDING
“I have read the foregoing ordinance regulating the use of fertilizer with the Lake Wapogasset & Bear Trap Lake Sanitary District. I understand the regulations and agree to abide by them.
I have provided the Sanitary District with a chemical analysis of the product to be applied.
If requested, I will voluntarily supply a sample of the product that will be used in an amount sufficient to permit laboratory testing.”
Dated this ______ day of ______________, 200___.
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