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City of Shorewood - Water Improvement " ') '\ \ CITY',OF c I, "SH0R.EWOOD - /,' ' \. " " \ .' \ I .' ',( -', II 5755 COUNTRY CLUB RO,A.De, SHOREWOOD,fylINNESOTA 55331-8927 e (952) 474-3236 fAX (({t52) 474-01,28 .www.ci.shorewood.,mn.us. cityh~"@ci.shorewo9q.mn.us October 8, 2001 Mayor Charles Redepenning City of Hopkins 1010 1st South Hopkins,MN 55343~ De~r Mayor'Redepenning: .' X AS you may recall from my earlier letters to you, the ~ity of Shorewood has been has been wprking dilige9tl~ forijew ..legislatioq that will make a notable J.-mprovemen~ in water quality.r;. This legislation calls for State-level regulatidn of the!use and !sale 91 ,lawn ~ertiliiers containing phosphorus ("P" , the \ middle of the three numbers qp Ifertiliz~r mixes). This ch~mi~hl ~lement is generally unnecessary in Minnesota,! and it significantl~ degrades the 'gmility o.f~uJfac~ waters througpout th9 state.; Residents pay for an element they dion't neecl" and th~n they pay again - with millions of public dollars in the constructiop. ~n~ operation Of\8)tor;mwater and wastewctter faciliti~s- /to~emo'veits ef~ects. .' Our init~tiv~ is to require zer\> phosphorus ip lawnA'ertilizers used and s()ld in Mipnesota, except under certain reasonable ,~,rcuri1stanges.With State tegulation, there will bea-Jevel playing field for retailers, of IClwfi and garden products across Minnesotarand cities wo~(haveJob~ fertiliz~rpolice. . " /. \ /,/ /-\ Thr,oughout\the summer, 11 .coalition fav()ring this legisration has been growing, and\key legislators have beencorftacted. ,We are very optimistic about th~ \ch;anceJor success next session.'.Recently, 1 I I \ ! The Improving ~eryice Delivery i~ominittee/of the Lea~tle of Minnesota Cities (LMC) has recomm~nded a policy requesting State regulation of the p.se and sale of lawn fertilizers. This policy ~illbecansideredforadoption~by the full membership QftheLea~ on November 16. The lyIetropolitin Agencies Committee of the Association ~f Metropolitan Municipalities (AMM) has recommended~ a policy req'-lesting State regulation of the use and sale of lawn fertilizers in the metropolj,ta9 ar~a... This policy-will\be con~ideiedtor adoption,by thefullmemher~hip of the \ \ AMManN ovember 1. ( ''-~' ( Mote than 30ccities and several w~ter l11anagement organizations thrbugho,ut Minnesota! have adopted :r;esolutions of support for this legislation. Th~ population represented by the cities i~ over 1.1 inillion,orover20 percent of the residents of Minnesota. '. J \, C' [_ ',,-' ,,'. " \The'City of Minneapolis has just a?opted an ordinance regulating the use andsale of lawn fertilizers. The City of Saifit Paul will consider a similar ordinance in the very near future. These ordinances l,mderscore tbe importance of addressin'g phosphorized lawn fertilizers, in the absen6e of a moreeffe~tive ~nd econQmicalapprQ~9:h/that should be assumed by the Staty. \ " r. \ #. . \.~, PRINTED ON<RECYClED PAPER ) / . ) / ) /. ) " ,~ Letter re: Legislation on PhQsphorizedLawnFertilizer$ October 8, 200l Page 2 ''': Hoyv YOll Can/Help: For cities that have;adopted aresolution calling for State regulation, J give you my thanks and ask that you/stay involv~d (as sugg~sted below). For cities that haveyetto adoptsuch a resolution, I ask that you consider doingsQ yeethis year, so that 'we can show a high level ()f sup:port and consensus to Legislature:s next session. - -....\ j/~ LMC and/orAMM Policy AdoptionMeetingfs): I:f"YQU (?r you~/)city)are able to 'attend eitheriof , these meetings, plea.S~ vote to apProve the policy regarding the Use 'and sale of these (lawn rertilizer-s. /:Y Qursup'port, to de$,ignate this policy as a prIority for LMC,or ~M' i~ the 2002 legislative sessiojljs alsoimp9rtant I ",~< ; ',,' / . ,,' / "',,, \ r , ' Write a letter to Governor Ventura stating your support~ Governor Ventura is a fOrmer mayor of Br, ooklyn Park. With that background, he paysspeciill attention to communications from mayors. " ", '. I. ',; , .' r . , Contact'Vour.legislators: ~egislators, too, pay attentiOn\to feUow:elected officials. This issue i$'cone th~t.a(fect~ the pocketbooks of taxpayers and ratepayers of City)ervices, /and is''notbeingproposed primarily as' an environmental qne. Additionally~ ihelaw would affect 9111y urban (I.e., lawn):g~es of - fertilizers, and would not be pursu~dto open any doors to regulate agricultural uses of phosphorus. Financial support: Thus far, the City oLShore\Vood has sh9uldered;tp.e, C,osts for this effort. It is litCely that costs to cOI;1tinuethjs effort will be in excess of $50,00Q through the,p.ext legislative session. ~horewood only 7,400 residents; the benefits o( this le(gislationyvill be statewide. Please consider what appf6priatele~el of assistance YOl).~may be able to prc.fvide; any amoUnt that you can, forward to the Cityu of Shorewood will \begreatly appreciated. , \ - - ," i ~" ':,_J \ - /.,,- I have enclosed several one.:page items to assist you in s~ating support for tl1iscimpoI;t'\ilt,' cutting-edge legislation. Pleas~'Qontact me at my office, (952) 470.2552, or by e;mailat woody@woodylove.com. Your city manager/administratormay wish to contact City Administrator Craig :qawsonat (952) 4 7 4:3~36. ) . Tha~ you for your support. '-/ c: City 'Man~gerl Administratot ~ - ~ '\ " Date The Honorable Jesse Ventura Governor, State of Minnesota 130 State Capitol 75 Constitution Avenue Saint Paul, Minnesota 55155 Dear Governor Ventura: I would like to call your attention to a legislative proposal that will be introduced in the 2002 legislative session. It calls for the State of Minnesota to restrict, with reasonable exceptions, the sale and use of lawn fertilizers that contain phosphorus. The City Council of supports this legislation, and we concur with the policies on it that the League of Minnesota Cities (LMC) and Association of Metropolitan Municipalities (AMM) recently adopted. Many local elected officials, including myself, are concerned about the quality of water in our communities. Phosphorus is the key chemical element that turns our lakes and streams from blue to green with algae blooms. Across vast parts of the state, phosphorus naturally exists in abundance in the soil. So it's not neeessary to add phosphorus fertilizers to lawns. Phosphorus in lawn fertilizers causes around 25 percent of the phosphorus loading in our stormwater systems. Stormwater systems are a critical part of our city's strategy for water quality management required by the State. They cost money for our residents and businesses to build and maintain - paid to their city, watershed district, and sanitary sewer authority. Reducing the amount of phosphorus in the system will reduce the cost of local governments to perform on this responsibility - and that's important to me as mayor of Residents pay for phosphorus they don't need when they buy fertilizer, and everybody pays to re.. mediate the effects of this phosphorus they don't need. It doesn't make sense,' and it's not good stewardship of the environment or the public's money. We believe that the best way - the most efficient and effective way - to address this matter is for the State to control what types and kinds of lawn fertilizers can be sold in Minnesota. Our City, and cities throughout the state, are not capable of being fertilizer police. The time is right for this new law. Sincerely, Name Mayor ~' RESOLUTION NO. A RESOLUTION RELATING TO RESTRICTIONS ON THE USE AND SALE OF PHOSPHOROUS LAWN FERTILIZERS WHEREAS, the (Watershed, County, Agency of. . .) water resources; and is tributary to significant fresh WHEREAS, there has long been established a well-documented relationship betvveen the use of phosphorous lawn fertilizers and the degradation of water quality; and WHEREAS, as a matter of policy, the (Watershed, County, Agency of. . .) reduce the conswnption and use of phosphorous lawn fertilizers; and desires to WHEREAS, subject to unique circumstances, regional soil conditions have an abundance of natural phosphorous; and WHEREAS, industry leading fertilizer manufacturers and retailers have failed to produce and market low phosphorous lawn fertilizers to the public; and WHEREAS, over two decades of public education has had minimal effect when in competition vvith corporate advertising and their refusal to formulate to local needs; and WHEREAS, the (Watershed, County, Agency of . . .) the reduction in the use of phosphorous lawn fertilizers within the finds it important to encourage ; and NOW, THEREFORE, BE IT RESOLVED that the Board of declares its commitment to phosphorous lawn fertilizer reduction by encouraging the adoption of regulations regarding restrictions of use and sale of phosphorous lawn fertilizers within the BE IT FURTHER RESOLVED, the (Board of. . .) supports legislation restricting the sale of any lawn fertilizer, liquid or granular, that contains any amount of phosphorous or other compounds containing phosphorous, such as phosphate, except, small quantities may be sold when a soil test indicates added phosphorous is needed to support healthy turf growth, or during the first year when new area or turf is being established. In addition, displays of lawn fertilizer containing phosphorous shall be limited to ten percent of the quantity of non-phosphorous lawn fertilizer on display at any given time. BE IT FURTHER RESOLVED, such legislation should require that displays of such fertilizer must be clearly marked as containing phosphorous, and must be separated from the display of other fertilizers, and that for each sale of such fertilizer the seller must provide the buyer with a copy of the appropriate printed consumer information. BE IT FURTHER RESOLVED, the (Board of. . .) does request and encourage its state legislative delegation to consider and enact legislation to regulate and limit the use and sale or phosphorous lawn fertilizers. ADOPTED by the (Board of . . .) this _ day of , 2001. , Chair ATTEST: , Administrator un",),,, ^''D{",TV'V''~'' rD1\t:AAt:'1'" 1 . Better Water Oualitv with Proper Lawn Fertilizers The waters of the Land of Lakes are valuable and precious resources. Residents throughout Minnesota have a vital interest in having good water quality - for economic vitality, public health, recreation, and controlling public expenditures. A web of factors affects the quality of our waters - our lakes, streams, and wetlands. A many-faceted approach is needed to maintain and improve water quality; there is no single "silver bullet" panacea. Preventing chemical compounds from entering the surface water system is the most cost -effective way to improve water quality. ,. ' Phosphorus ("P"): Phosphorus occurs in abundance in Minnesota soils. It is estimated that 70 to 80 percent of the soils in the state have sufficient Phosphorus for healthy plant growth. Phosphorus is also a nutrient usually included in lawn fertilizers. The vast majority of the state's consumers are paying for something they don't need - a limited resource mined and transported from Florida. Soils can hold only so much phosphorus. Excess amounts are carried by rain and lawn sprinkling into stormwater systems and ditches. Fertilizers spilled on hard surfaces, such as sidewalks and driveways, are washed directly into the stonnwater system - and then directly to wetlands, lakes, and streams. What are the effects of Phosphorus on our wetlands, lakes, and streams? One pound of phosphorus produces 300 to 500 pounds of algae. . Studies have shown that 50 percent of the phosphorus instormwater runoff comes from residential lawns. The cost to cities and watershed districts to remove phosphorus before it enters a water body is at least $200 per pound. This translates into millions of dollars in taxes and stonnwater utility charges. To give some indication of the magnitude of this issue, six million pounds of phosphorus fertilizer are applied to turf areas inthe seven-county Metro areaever,y year. More Effective Regulation: ~le public education is an important and on-going strategy, decades of education have resulted in little behavior change in consumer habits or what is produced by the 'fertilizer industry. Non-phosphorus lawn fertilizers are not made by national manufacturers, Minnesota manufacturers of non-phosphorus fertilizers have not be'en able to compete, retailers fmd it difficult to stock these fertilizers, and they are usually available only at a premium price. Simply and most effectively, the use and sale of lawn fertilizers needs to be regulated by the State. Fertilizers containing phosphorus should be allowed where they have been shown to be needed. Except in those instances, the State should restrict the use and sale of lawn fertilizers containing phosphorus. The State is the appropriate level of government - it has the needed resources and expertise, and natural watersheds don't pay attention to local political boundaries. Cities do not have the capacity to be "fertilizer police". There are many Minnesota companies already producing phosphorus-free lawn fertilizers. With effective new regulations, these companies can fill the demand. This createsjobs in Minnesota, eliminates subsidies to national manufacturers and, ultimately, reduces the cost to the public for clean up of our wetlands, lakes, and streams. 06/01 PHOSPHORUS LAWN FE~TILIZERS POINTS TO CONSIDER . Phosphorus is abundant in soils throughout Minnesota. There are limits as to how much phosphorus these soils can adsorb and hold. Phosphorus in excess of the soils' carrying capacity will run off the turf, and into natural or man-made drainage systems, and eventually 'into streams, lakes, and wetlands. . Approximately 80 percent of lawns in the Metropolitan region have naturally very high levels of phosphorus. The University of Minnesota soils laboratory recommends that no additional phosphorus be applied to them. The application of phosphorus fertilizer to most lawns does not - improve grass. growth. Over 75 percent of homeowners fertilize their lawns with phosphorus two or more tinles each year. Many studies have shown that the amount of phosphorus carried off of turf in rainfall runoff water increases as the fertility level of the soil increases. - Thus, adding phosphorus fertilizer to - our already phosphorus-rich soils only serves to increase the amount of this pollutant entering our lakes and rivers. . Approximately 6 million pounds of phosphorus fertilizer are applied to turf areas in the seven- county Metro area every year. Studies have shown that 50 percent of the phosphorus in stormwater runoff from residential areas comes from lawns.' . Phosphorus is the nutrient which "limits" algae growth in lakes, and one pound of phosphorus will grow 300 to 500 pounds of algae blooms. Water management organizations in the Metro area spend millions of dollars each year to remove phosphorus from runoff On average, it costs $375 to remove one pound of phosphorus from runoff water. Eliminating phosphorus from lawn fertilizer is one of the most economical best management practices (BMPs) we can use to begin improving our lakes and rivers. Phosphates were removed from soaps and detergents almost 30 years ago based upon adverse impacts on water quality. Legislation regarding phosphorus in lawn fertilizers would be based on the same need. Proposed restrictions are limited to lawn fertilizers - not agricultural or gardening uses. Proposed legislation would have reasonable exceptions for establishment of new turf and demonstrated low-phosphorus soils. City of Shorewood 10.05.01 Status on action re: Resolution supporting legislation restricting use and sale of lawn fertilizers containing phosphorus Bassett Creek WMO Bloomington Burnsville Coon Rapids Cottage Grove Dayton Deephaven Detroit Lakes Eagan Eden Prairie Edina Elk River Elm Creek WMO Excelsior Faribault Golden Valley Greenwood Hennepin County Board Hennepin Parks Hutchinson Lake Mtka Conservation District LakevilIe Litchfield Little Canada Little Falls' Long Lake Minneapolis Minnehaha Creek Watershed Dist Minnesota Association of WSDs Minnetonka Minnetonka Beach Minnetrista Monticello Morris Mound New Hope Oakdale Orono Pioneer-Sarah Creek WtrMCmsn Plymouth Prior Lake Robbinsdale Saint Louis Park Shorewood Spring Park Stillwater Woodland Worthington Adopted Resolution Adooted Resolution Adopted 'Resolution Adopted Resolution Adopted Resolution Adopted Resolution Adopted Resolution Supports Adopted Resolution Adopted Resolution Referred to its Health Advisory Committee Adopted Resolution Adopted Resolution Adopted Resolution Adopted Resolution Adopted Resolution Adopted Resolution Several commissioners are supportive Adopted Resolution Adopted Resolution Adopted Resolution Referred to Environmental Affairs Committee Adopted Resolution Adopted Resolution Adopted Resolution Adopted Resolution Adopted Resolution; has since adopted ordinance on matter Adopted Resolution Adopted Resolution Adopted Resolution Adopted Resolution Supports legislation, provided local ordinance is not necessary Adopted Resolution Adopted Resolution . Council approved motion of support on March 13,2001 Adopted Resolution Environmental Committee supports Adopted Resolution Adopted Resolution Supportive Resolution -- in 2001 Resolution of legislative priorities Adopted Resolution Adopted Resolution Its water management plan supports restrictions for such fertilizers Has ordinance in place Adopted Resolution Adopted Resolution 'Adopted Resolution Adopted Resolution City of Shorewood 10.05.01 POPULATION OF CITIES SUPPORTING RESTRICTIONS ON USE AND SALE OF LAWN FERTILIZERS CONTAINING PHOSPHORUS City Population (*=2000 Census) Bloomington Burnsville Coon Rapids Cottage Grove Dayton Deephaven Detroit Lakes Eagan Eden Prairie Elk River Excelsior Faribault Golden Valley Greenwood Hutchinson Litchfield Little Canada Little Falls Long Lake Minneapolis Minnetonka Minnetonka Beach Monticello Morris Mound New Hope Orono Plymouth Prior Lake Robbinsdale Saint Louis Park Shorewood Spring Park Stillwater Woodland Worthington 85,172 * 60,220 * 61,607 * 30,582 * 4,699 * 3,853 * 7,348 * 63,557 * 54,901 * 16,447 * 2,393 * 20,818 * 20,281 * 729 * 13,080 * 6,562 * 9,771 * 7,719 * 1,842 * 382,618 * 51,301 * 614 * 7,868 * 5,086 * 9,435 * 20,873 * 7,538 * 65,894 * 15,917 * 14,123 * 44,126 * 7,400 * 1,717 * 15,143 * 480 * 11,283 * Total 1,132,997 50-15 Sale of Lawn F rtiliiers Containing Phosphoru Issue: Cities are required by several levels of government to improve and enhance the quality of surface waters. Surface water runs through watersheds that rarely are wholly within a city's boundaries; and to be effective, measures for water quality improvements need to be regional or statewide. Phosphorus is a nutrient that can have a tremendous negative effect on water quality. One pound of phosphorus produces 300 to 500 pounds of algae. The cost to remove one pound of phosphorus ranges between $200 and $500. Phosphorus is commonly added in lawn fertilizers sold throughout the state even though it naturally occurs in sufficient quantities in Minnesota soils to provide for healthy plant growth. Excess phosphorus from lawn fertilizers is not needed and it is carried by rain and lawn sprinkling into our storm water systems, lakes, wetlands, and streams. City residents shoulder millions of dollars in expenses to complete and implement their surface water management plans and to provide municipal wasteWater treatment systems. Reducing the amount of phosphorus entering these systems and water bodies would result in significant savings in capital and operating costs. The most cost-effective way to reduce phosphorus in our lakes, wetlands and streams is to prevent it from entering these systems. Additionally, cities believe the State is the appropriate level of government for effective and economical administration and enforcement. responsibility. Response: The Legi lature should adopt legislation that: . Restricts the sale of lawn fertilizers containing phosphorus, and requires "zero" phosphorus content . Includes exceptions for establishment of new turf and for properties demonstrating a deficiency of phosphorus in their soils . Exempts the naturally-occurring presence of phosphorus in organic fertilizers . Is state-wide in scope, recognizing that watersheds do not observe political boundaries . Provides appropriations for the State to fund and enforce this law PROPOSED NEW POLICY Sale of.Lawn Fertilizers Containing Phosphorus In an effort to improve and enhance surface water quality in the metropolitan area and to reduce the public resources expended to implement surface water management plans that are required by State law, the AJ\1M supports restrictions on the use and sale of lawn fertilizers containing phosphorus and, with reasonable exceptions, a "zero" phosphorus content requirement for lawn fertilizers sold in the seven-county metropolitan area. Watersheds rarely are wholly within municipal boundaries and, to be effective, measures for water quality improvements need to be uniform and regional or statewide. Cities believe the State is the appropriate level of government for effective and economical administration and enforcement responsibility.