Bill Text: NJ S464 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes county regulation of fertilizer application.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2010-02-01 - Withdrawn from Consideration [S464 Detail]
Download: New_Jersey-2010-S464-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator ANDREW R. CIESLA
District 10 (Monmouth and Ocean)
Co-Sponsored by:
Senator Gordon
SYNOPSIS
Authorizes county regulation of fertilizer application.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act authorizing counties to regulate the use of fertilizer and supplementing P.L.1977, c.443 (C.26:3A2-21 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A board of health of a county, a regional health commission or the governing body of any county without a board of health or that is not a member of a regional health commission, may adopt an environmental health ordinance pursuant to section 9 of P.L.1977, c.443 (C.26:3A2-27) to control the application of fertilizer to any real property, including, but not limited to, the type, amount, timing, technique, and placement of fertilizer application, and to provide for the dissemination of information regarding the environmental hazards associated with the misuse of fertilizer.
b. No environmental health ordinance adopted pursuant to this section shall apply to property utilized in the operation of a commercial farm as defined in section 3 of P.L.1983, c.31 (C.4:1C-3).
c. Any environmental health ordinance adopted pursuant to this section may provide for penalties for its violation consistent with the penalties established in section 10 of P.L.1977, c.74 (C.58:10A-10) or with any penalty schedule that may be adopted by the department for such ordinances.
d. Nothing in this section shall be construed to preclude a municipality from adopting an environmental health ordinance pursuant to section 9 of P.L.1977, c.433 (C.26:3A2-27) concerning the application of fertilizer that is more stringent than any corresponding county ordinance.
2. This act shall take effect immediately.
STATEMENT
This bill clarifies the existing authority of counties to regulate the use of fertilizer under the "County Environmental Health Act" (CEHA) in order to reduce nutrient pollution of the State's water resources.
Elevated levels of nutrients, such as nitrogen and phosphorus, in surface waterbodies can result in excessive and accelerated growth of algae and aquatic plants, a process known as eutrophication. Eutrophication often results in variations and extremes in dissolved oxygen and pH levels in water, which, in turn, are detrimental to aquatic life. The presence of excessive plant matter also diminishes the economic, aesthetic and recreational value of the State's rivers, lakes, ocean frontages and bays.
Healthy vegetated areas protect water quality by stabilizing soil and filtering precipitation, and most soils in New Jersey contain sufficient amounts of nutrients to provide plant life the nourishment it needs to remain healthy. Occasionally, a fertilizer product containing supplemental nutrients is needed to improve soil conditions. However, the timing and placement of the proper type and amount of fertilizer is critical to avoiding pollution of the State's water resources. Rain washes it off of lawns, driveways, streets and other impervious surfaces into storm drains and, eventually, into the State's waterways.
The State's water resources can be better protected through the management of the type, amount, timing, technique and placement of fertilizer application on public and private property throughout the State. This bill clarifies that a county may adopt an environmental health ordinance pursuant to CEHA to regulate the application of fertilizer to any real property excluding commercial farms, and to provide for civil penalties for violations thereof consistent with the penalties established under the "Water Pollution Control Act" or with a penalty schedule that may be adopted by the Department of Environmental Protection. The bill further clarifies that municipalities may adopt environmental health ordinances concerning the regulation of fertilizer application that are more stringent than any corresponding county regulation.
