Why Sudbury needs a bylaw to restrict phosphorus in lawn fertilizers

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Greater Sudbury Watershed Alliance

The Greater Sudbury Watershed Alliance (GSWA) is a grassroots partnership of lake, river and creek stewardship committees. Many of our concerns are the same concerns of the Lakes Advisory Panel. Together we can improve lake water quality. Greater Sudbury Watershed Alliance


Our Members Black Lake Stewardship Committee Citizens for the Preservation of Nepahwin/Lily Creek Wetlands Fairbank Lake Camp Owners' Association Inc. Junction Creek Stewardship Committee Long Lake Stewardship Committee Friends of McFarlane Lake Minnow Lake Restoration Group/CAN Nepahwin Lake Stewardship Committee Ramsey Lake Stewardship Committee Richard Lake Stewardship Committee Simon Lake Community Stewardship Group St. Charles Lake Watershed Stewardship Association Sudbury Game & Fish Protective Association Valley East Ratepayer's Association Vermillion River Stewardship Committee Whitewater Lake Stewardship Committee/Azilda CAN Coalition for a Liveable Sudbury


The Alliance has been asked to make a presentation to Policy Committee by many Councillors ď “ Request a municipal bylaw to restrict the use of lawn

fertilizers that contain phosphorus ď “ Would like the support of the Lakes Advisory Panel since

we both have a common goal of phosphorus reduction in the watershed.


Is there a problem in Sudbury?

Blue-green algae (cyanobacteria) blooms have been detected in: Ramsey Lake; 2008, 2010 A drinking water source for over 60,000 people. Long, McFarlane, Windy, Clear, Grant, Nepewassi, Ice, and Wolsey lakes, in the west arm of Lake Nipissing and in the French River. These lakes are drinking water sources for thousands of people.

Ramsey Lake in bloom, 2010


The Danger from Blue-Green Algae Blooms

Blue-green algae produces microcystin toxin that can make you sick.  damage liver cells when ingested.  children are at greater risk than adults

of developing serious liver damage should they ingest high levels of microcystins.  animals have died after drinking water

contaminated with blue-green algae.

Water from Ramsey Lake, 2010


How else can blue-green algae affect us?


Drinking water treatment plants can get clogged by algae.

 Canadian Forces Base Gagetown engineers noticed a

reduction in the quantity of water being produced at the New Brunswick base’s water treatment plant.  They believed blue-green algae in the Saint John River was

obstructing sand filters at the treatment facility. 

August 20, 2010


Phosphorus is the Limiting Nutrient for Algae Growth

Phosphorus reduces water quality.

Research has shown 1 pound of phosphorus can grow 700 pounds of blue-green algae. Beeton, A.M. 1971. Eutrophication of the St. Lawrence Great Lakes. In: Man's Impact on Environment, T.R. Detwyler (ed.), McGraw-Hill Book Co., New York, pp. 233245.


Other Effects of Phosphorus

Green algae -foul odors and can prevent swimming, fishing, boating, -exists in Simon, McCharles and Mud lakes.

Feeds aquatic plants like the invasive species Eurasian water milfoil - boating and swimming difficult in many Sudbury lakes.

Lower dissolved oxygen levels which kills fish.


Costly to remove P at the WWTP  WWTPs must remove a certain amount of phosphorus from

their liquid waste before releasing it into a lake or river.  Removing phosphorus at a WWTP costs approximately

$1-$20 per pound.  By reducing levels of phosphorus entering WWTPs,

communities can save money for its removal.


Sources of phosphorus

 Fertilizer, leaves, grass, animal

waste, soil from stormwater/shorelines  Poorly maintained septic systems  WWTP  Agriculture  Atmosphere


One easy, cost-effective way to reduce the amount of phosphorus reaching our waterways

Restrict the use of fertilizers with phosphorus


States and Provinces with Bylaws Restricting Phosphorus

Minnesota, Maine, New York State, Florida, Illinois, Maryland, Wisconsin, Washington State and New Jersey all have bylaws, which ban the use of lawn fertilizers with phosphorus. Theses laws affect approximately 60 million people.


Manitoba Has a Bylaw Too

In Manitoba, no fertilizers - not even low and zero phosphorus products – are permitted along waterways such as rivers, lakes, streams, wetlands and retention ponds. In these areas, defined setbacks must be observed: 

at least 30 metres along vulnerable lakes, such as Lake Winnipeg and Killarney Lake

at least 15 metres along all other lakes and vulnerable rivers, such as the Red and Assiniboine rivers

at least 3 metres along all other waterways

if away from waterways, lawn fertilizer must not have more than 1% phosphorus

Lake Winnipeg


The Bylaws are Working to Reduce Phosphorus Levels in Waterways

 A research paper, published on Aug. 14, 2009, shows that

phosphorus levels in the Huron River dropped an average of 28% after Ann Arbor, Michigan adopted a fertilizer bylaw in 2006. 

Reduced river phosphorus following implementation of a lawn fertilizer ordinance John T. Lehman; Douglas W. Bell; Kahli E. McDonald Lake and Reservoir Management, 1040-2381, Volume 25, Issue 3, 2009, Pages 307 – 312


Adequate Phosphorus in Soil  A survey (1979) summarizing nearly 20,000 soil samples

showed that 70 – 80% of home lawns in the cities of Minneapolis and Saint Paul have soil P levels in the high to very high range.  Average phosphorus was 44 parts per million. Compare to

University of Minnesota recommendation of no additional P needed above 25 ppm  What happens if you add more phosphorus than your lawn

needs?


http://www.lakeaccess.org/lakedata/lawnfertilizer/recentresults.htm (Minnesota)


Excess phosphorus from fertilizers runs off lawns Study of three types of lawns. Median dissolved phosphorus concentrations in runoff: Regular fertilizer

0.77 mg/L

Unfertilized

0.38 mg/L

Non-phosphorus fertilizer

0.33mg/L

Author: Herbert S. Garn, U.S. Geological Survey Water-Resources Investigations Report 02–4130, July 2002


Why do We Need a Bylaw? Isn’t Education Enough?  Studies show education achieves only

30% compliance.  Must be repeated yearly.  Is that good enough to protect our

drinking water, health of the lakes and fish, recreational uses, image of our city?


Are these laws enforceable and do they work to reduce phosphorus use?

Bylaw’s real value is in raising people’s awareness about phosphorus and making phosphorus-free lawn fertilizer widely available.

In that regard, the law has been successful in the U.S. People are more aware of the connection between phosphorus runoff and green lakes.

After 2 years, Minnesota’s law reduced phosphorus fertilizer use by 82% and 97% of consumers support the law.


What would a bylaw adopted by Council include?  The application of lawn fertilizers with phosphorus

would be prohibited. If a soil test demonstrates phosphorus is needed, consumers could purchase and use lawn fertilizer with phosphorus.  Other exemptions allow application of phosphorus

fertilizer when establishing a new lawn or laying sod since phosphorus is a nutrient which helps plants establish roots.  A bylaw would not affect vegetable gardens, flower

beds, tree planting, nurseries, sod growers nor golf courses.


No problem for business 

Businesses contacted who are currently living with a bylaw and have not experienced problems: Canadian Tire – Winnipeg, Manitoba WeedMan – Winnipeg, Manitoba. WeedMan – Ann Arbor, Michigan. Home Hardware - Selkirk, Manitoba. Home Depot and Ace Hardware Stores - Minneapolis, Minnesota Lyell Crest True Value Hardware – Rochester, N.Y.


Protecting all lakes in the City of Lakes

The Source Protection Committee can only protect municipal drinking water sources from significant drinking water threats. The City can help protect all our lakes with a bylaw.


Can a municipality pass a bylaw? 

Oakville council enacted a bylaw that bans the use of cosmetic pesticides in Oakville. The bylaw took effect January 1 2008 before the province passed a similar bylaw.

Canada's Supreme Court: Precautionary Principle The number of pesticide bans in Canadian municipalities has grown since June 28, 2001 when the Supreme Court of Canada dismissed a challenge by two large lawn care companies, Chemlawn and Spraytech, against the Town of Hudson, Quebec. In a unanimous judgment, Justice Claire L’Heureux-Dube wrote for the court, “It is reasonable to conclude that the town bylaw’s purpose is to minimize the use of allegedly harmful pesticides in order to promote the health of its inhabitants." She also stated, “Permitting the town to regulate pesticide use is consistent with international law’s ‘precautionary principle,’ which states it is better to be overly cautious than to create a potential risk to the environment.” The judges noted that Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Northwest Territories, and Yukon all have similar provisions enabling their municipalities to make such bylaws.


City of Lakes

We are the stewards of these lakes and rivers and are entrusted to protect them for our children and their children. We should use the precautionary principle which states it is better to be overly cautious than to create a potential risk to the environment. Joshua and Noah on Moonlight Beach


City of Lakes The GSWA asks the Lakes Advisory Panel to add their name to the list of those supporting a bylaw to restrict the use of fertilizers with phosphorus as part of a low cost city-wide phosphorus reduction strategy. Thank you.

Greater Sudbury Watershed Alliance


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