BILL REQ. #:  S-4323.2 

READ FIRST TIME 02/01/10.   

     AN ACT Relating to protecting lake water quality by reducing phosphorus from lawn fertilizers; and adding a new chapter to Title 90 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) Phosphorus loading of surface waters can stimulate the growth of weeds and algae and that this growth can have adverse environmental, health, and aesthetic effects;
     (b) Lawn fertilizers contribute to phosphorus loading. Limits on turf fertilizer containing phosphorus can significantly reduce the discharge of phosphorus into the state's ground and surface waters;
     (c) Turf fertilizers containing no or very low amounts of phosphorus are readily available and maintaining established turf in a healthy and green condition is not dependent upon the addition of phosphorus fertilizers; and
     (d) While significant reductions of phosphorus from laundry detergent and dishwashing detergent have been achieved, similar progress in reducing phosphorus contributions from turf fertilizer has not been accomplished.
     (2) It is the intent of the legislature that this chapter significantly limit the use of fertilizers containing the plant nutrient phosphorus.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of ecology.
     (2) "Director" means the director of the department of ecology.
     (3)(a) "Fertilizer" includes any substance containing one or more recognized plant nutrients, and that is either used for its plant nutrient content or is designated for use or claimed to have value in promoting plant growth, or both. "Fertilizer" includes gypsum and manipulated animal and vegetable manures.
     (b) "Fertilizer" does not include:
     (i) Unmanipulated animal and vegetable manures, organic waste-derived materials, and other products exempted by the department by rule;
     (ii) Calcium carbonate (lime) and anhydrous ammonia;
     (iii) Materials including, but not limited to, compost biosolids, municipal sewage sludge, or slow release fertilizer used in compliance with best practices developed by the Washington State University extension service, or products derived therefrom, that are regulated under chapter 70.95 or 70.95J RCW or rules adopted under those chapters; and
     (iv) Materials using waste manure from confined animal feeding operations as the primary feedstock and manufactured as a biotic fertilizer in a manner that balances the pH of the material and reduces the leaching of phosphorus.
     (4) "Impervious surface" means a highway, street, sidewalk, parking lot, driveway, or other artificial surface that prevents infiltration of water into the soil.
     (5) "Turf" means noncrop land planted in closely mowed, managed grasses on residential property. Turf does not include managed pasture, hayland, hay, turf grown on turf farms, home or commercial vegetable production, horticultural beds, flower beds, general landscaping, or any other form of agricultural production.

NEW SECTION.  Sec. 3   (1) Except as provided in subsection (2) of this section, after January 1, 2012, a person may not apply to turf a fertilizer containing the plant nutrient phosphorus.
     (2) Subsection (1) of this section does not apply when:
     (a) Applying a solid fertilizer containing less than 0.67 percent phosphate by weight or a liquid fertilizer applied at a rate not greater than 0.3 pounds of phosphate per one thousand square feet of turf;
     (b) Laboratory test results or other certification by a turf specialist is performed within the three years previous to the application indicates that the level of available phosphorus in the soil is insufficient to support healthy turf growth, and the test results or certification, and the application rate, are consistent with standards set by best available science in consultation with the Washington State University extension service; or
     (c) The property owner or an agent of the property owner is first establishing turf via seed or sod procedures and only during the first growing season.
     (3)(a) This section does not apply to the application of turf fertilizer for agricultural uses.
     (b) This section does not apply to the application of turf fertilizer for golf courses.

NEW SECTION.  Sec. 4   A person may not apply a fertilizer to an impervious surface. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or another legal site or returned to the original container or another appropriate container.

NEW SECTION.  Sec. 5   (1) The department may issue a notice of corrective action to a person in violation of section 3 or 4 of this act.
     (2) A city or county may adopt an ordinance providing for enforcement of the requirements of sections 3 and 4 of this act. A city or county adopting an ordinance has jurisdiction concurrent with the department to enforce this section.

NEW SECTION.  Sec. 6   The department may produce consumer information on the application restrictions under section 3 of this act and on recommended best practices for turf fertilizer and other residential landscaping uses. The consumer information must be produced in consultation with the Washington State University extension service, fertilizer industry representatives, lakes health organizations, and other interested parties. The consumer information must be in a format and of a content suitable for posting and distribution at retail points of sale of fertilizer that contains phosphorus for use on turf.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act constitute a new chapter in Title 90 RCW.