§ 459-7. Legislative intent.

A. 

This Legislature hereby finds that overapplication and/or misuse of fertilizer products has led to degradation in the local water quality and has harmed groundwater, drinking water, and wetlands and surface waters within the County of Suffolk.

B. 

This Legislature further finds that excess nitrogen in drinking water can threaten human health, as fertilizer leachate has contaminated groundwater and groundwater is the sole source of drinking water on Long Island.

C. 

This Legislature also finds that nitrogen contamination trends in groundwater are worsening, in that 17% of Upper Glacial public water supply wells in the Upper Glacial Aquifer now exceed six milligrams/liter (mg/l) nitrogen (degraded), an increase from 9% in 1987.

D. 

This Legislature further finds that, in 2006, 15 community public water supply wells, and nearly 10% of private wells in Suffolk County, were found to violate the 10 mg/l maximum contaminant level (MCL) set for nitrates to ensure safe drinking water.

E. 

This Legislature further finds that various factors may cause excess leaching of fertilizer nitrogen, including use of quick-release fertilizer, percentage of nitrogen in fertilizer, labeling which results in excess application rates of fertilizer, organic/inorganic/polymer formulations, soil types, lawn type and condition, timing of application, and total nitrogen applied per year.

F. 

This Legislature further finds that fertilizers are responsible for approximately 50% of the total nitrogen loads to groundwater in the Peconic Estuary and throughout medium-density residential land uses in Suffolk County.

G. 

This Legislature further finds that groundwater is, by far, the largest local source of nitrogen to estuaries, and nitrogen loadings to the Peconic Estuary have increased by more than 200% since the 1950s, due to fertilizers and sanitary systems.

H. 

This Legislature also determines that excess nitrogen inputs result in depressed dissolved oxygen (hypoxia), harming aquatic life, causing excessive algal blooms, and diminishing water clarity to further impair habitat for aquatic plants.

I. 

This Legislature further finds that numerous Suffolk County water bodies have been added to New York State's list of impaired water bodies due to nitrogen over-enrichment, including the sensitive, westernmost areas of the Peconic Estuary, and eelgrass, a critical habitat, has substantially disappeared west of Shelter Island in the Peconics.

J. 

This Legislature further finds that more than half of Long Island Sound suffers from hypoxia every summer, that several areas of the South Shore Estuary Reserve are also seeing effects of eutrophication, and that several fish kills have been reported throughout Suffolk County due to low dissolved oxygen.

K. 

This Legislature further finds that fertilizer should not be applied to turf when ground is likely to be frozen, or when grass is not actively growing, so that fertilizer use on turf should be banned in cold-weather months, and public education and outreach should be utilized to prevent application during periods of summer dormancy.

L. 

This Legislature also determines that the Homestead A-Syst Task Force (Suffolk County Resolution No. 544-2006) sought to address this problem by establishing public education programs and holding public hearings, and that various other educational programs exist through agencies and estuary programs, but these efforts can be coordinated, refined, and expanded.

M. 

This Legislature further finds that current information regarding the use of fertilizers is confusing to consumers and leads to the misapplication of fertilizer and contamination of groundwater, drinking water, and estuaries.

N. 

This Legislature also determines that the quality of our water should be considered a higher priority than the aesthetics of lawns, and that high-maintenance lawns require more nitrogen and are more likely to leach excess nitrogen, so that high-maintenance lawns should be discouraged.

O. 

This Legislature also determines that Suffolk County has already begun implementing programs to reduce nitrogen pollution, and those programs should continue to be refined and formalized as County policy, to serve as a model for residences, the private sector, and other levels of government.

P. 

This Legislature also determines that, based on the Peconic Estuary Program Comprehensive Conservation and Management Plan, a goal of 10% to 25% fertilizer reduction is a reasonable initial target for existing residential fertilizing programs.

Q. 

Therefore, the purpose of this article is to cause a reduction in the amount of nitrogen released into the groundwater by eliminating the use of fertilizers where practicable on lawns and on County property, decreasing the overall use of fertilizer and optimizing the use of fertilizers when they are applied.