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HomeMy Public PortalAboutMFWQC Minutes 2022-08-29Marine and Fresh Water Quality Committee Meeting Minutes August 29, 2022 (Nauset Room and via Zoom) Attendees: Judith Bruce, Carol Etzold, Mary Griffin, Ed Hafner, Carolyn Kennedy, Richard Levy, Valerie May, Robert Mullin and Judy Scanlon (Chair) Regrets: None Other: Michael Herman, Select Board Liaison MINUTES 1. Call to Order The Chair called the meeting to order at 10:©1 AM. 2. Orleans Home Rule Petition Article to Prohibit Application of Fertilize r®Discussion, Review/Edit, and Approval of a Draft Letter of Support. There was an extended discussion of the proposed draft letter of support written by Mary and Ed. Changes were suggested to the wording. Committee members all support the Town's efforts to continue to protect and restore the ecological health of our waters. However, as written, some on the Committee believe that the petition is overly broad and does not specifically target lawn fertilizer as the primary source of the fertilizer input/load entering our waters. The Committee members in general wanted to support the science behind the fertilizer prohibition, however not all members were in agreement that the Committee should recommend the Home Rule fertilizer prohibition approach. There was a range of views about the resulting impact of this approach, however if the petition does not go forward, one member wanted to see other possible fertilizer mitigation efforts considered. There was a brief discussion about the charge of the Committee, in that not all members agreed that the Committee should make a recommendation on how the nitrogen reduction is achieved. The Clerk read portions of the Charge which indicate that the Committee can in fact recommend to the Select Board any mitigation method which achieves the goals of enhancing and improving water quality. As one member brought up, we recommended an alum treatment even though there was some opposition, while another brought up the Committee's support of sewering. One member believes that supporting a broader approach like a total ban is outside of our Charge. MFWQC Meeting Minutes, August 29, 2022 (Continued) Judith would like to specifically state our support for the home rule petition more clearly in the letter. To say there is a law does not mean that the SB cannot selectively choose endorsement. Ed spoke about the State's responsibility to manage nitrogen. Motion: Ed motioned to approve the draft Letter (see Appendix 1) using the draft wording with the clarifications recommended today. Carolyn seconded. Approved by majority. Vote: 5-2-0. 3. Orleans Home Rule Petition Article to Prohibit Application of Fertilizer -Discuss Current Article Wording and Compile Potential Technical Editorial Suggestions. Michael Herman reported that he requested Carolyn to offer editorial suggestions to the FAQ Home Rule Petition document that the Select Board intends to post to the Town website. He thanked her for her input. This document was not distributed. Robert provided some technical clarifications and editorial suggestions made to the Draft Home Rule Petition to Prohibit Fertilizer Use in The Town of Orleans. Motion: Robert motioned that the Committee approve and submit the technical editorial suggestions with some other changes suggested by Committee members at this meeting. (see Appendix 2). Second Judith, Vote: 6-0-1. 4. Public Comment There were no public Comments. 5. Adjourn Motion to adjourn at 11:32 AM. Ed motioned; Carolyn seconded. 7-0-0 Future MFWQC Meeting Dates: YR 2022- 9126, 10/24, 11/28 and 12119. Approved on September 26, 2020, as amended at the meeting. 7-0- 2 MFWQC Meeting Minutes, August 29, 2022 (Continued) Appendix 1. MFQQC Final Letter to Select Board in Support of the Fertilizer Petition Town of Orleans Select Board August 29, 2022 19 School Road Orleans MA 02653 MA RE: An Act Prohibiting the Application of Fertilizer in the Town of Qrleans Dear Orleans Select Board: The Orleans Select Board voted unanimously on June 15, 2022 to take action to protect the clean and healthy waters in Orleans by supporting a Home Rule Petition; An Act of Prohibiting the Application of Fertilizer in the Town of Orleans (the "'Fertilizer Act'"). The Marine and Fresh Water Quality Committee (the "MFWQC") discussed the Fertilizer Act at its meeting on August 22, 2022. Orleans Select Board Member Michael Herman was in attendance and answered questions from our members about the Fertilizer Act. The MFWQC supports the goal of limiting fertilizer use and agrees with the science upon which this action by the Select Board is based. Fertilizer has the second most significant negative impact, exceeded only by wastewater, in causing pollution of our groundwater, ponds, lakes, estuaries, marshes, streams and rivers, These negative effects on water quality from phosphorus and nitrogen in fertilizers have been well -documented in many reports including, but not limited to, tatt +tr t rn s _ tt t`ttuidesath i ssasats aetatana a rtea ,Pr Mat -and : eptn is and htt wsjiin ww cawn. Means, rnamsipotr r; r ent l pe „ 2 _ F mill s .. �s o as ttneratPtDttabldtcist. The MFWQC strongly supports the Select Board and the Town of Orleans in taking action to protect our waters, as they are our most important natural resource. Restoring exceptional water quality is essential to our health, recreation, local economy and the ecological health of our marine and fresh water systems, There are other options for improving water quality which we support, including comprehensive public education efforts to eliminate or substantially reduce the amount of fertilizer used by both businesses and residents on their properties. We applaud the Select Board in its efforts to continue to protect our waters and urge the public to join in these efforts. The MFWQC looks forward to assisting and supporting these water quality restoration efforts. Sincerely, Marine and Freshwater Quality Committee, Town of Orleans MFWQC Meeting Minutes, August 29, 2022 (Continued) Appendix 2. MFWQC Technical Editorial Suggestions on the Home Rule Fertilizer Petition to Select Board. Sugr c steel Teac hnical Edits fo themf c rtilizer liorr Rule Pe, fr rtrr +I Wf C Section 1. There is sound scientific evidence to conclude that nitrogen and phosphorus in fertilizers are contaminants that rret atrvely imp.rctt ounrlwate r raIi y an negatively affect fresh and salt water bodiesvihrcr-p e,w4..in-e4{essivf ;otol . ak'e e ?JiQri€,ss ve-arciF2d nts-of-rr ElevatO ((7QICeIlttyitf(A) CBf nitrogen and phosphorus contribute to undesirable algae and aquatic plant growth within Ili -Orleans water bodies. This undesirable algae and aquatic plant growth has an adverse effects on public health_ rand thr en•vitonment through the degradation of waters used for d.141441,1g-waterr, fish rr�gshell fishing_ Earert9.10t ryesting, and recreational swimming and boating.-_Whi e_w meter Mail t Orleans. Ir:ifr r6• t °r rT�l3!..vflils•iwc3I'D 49 t itt7 rtyr1r1l:Itoif1L, v r1.0 c onctf.4 Iirr>rr av crs� r t�'d dr¢nla1r1 ��tolOetiYEP rep ,tcrwcatP� l <upr� l Sri tawn.r Section 2. It is necessary to prohibit the application of fertilizer that contains phosphorus and nitrogen so as to improve the water quality of the Town of Orleans. The gj iGrl outw sh soils of Orleans ar dau igeraa..ir}ti-c # rmors-0(l ;rran....G1as-:safa1-ific +It--a.r1104:kr}ti ca#wc o-rtir cQrns15ttrrirrci l y of sandy and gravel that are subject to rapid water infiltration, percolation and leaching of nutrients that affectmm fsT!otflOwrtnr acrd a rr fAcr wAlg cfu Ilfty,, and &Such e -adds e -loc atconditions and the r esulbng ru dtive_ Ir aTa�ae� r nr,ter eau ulityµrequire that Orleans prohibit the application of nitrogen and phosphorus added to soils through the application of fertilizers. This Act should help Orleans to achieve compliance with the Total Maximum Daily Loads CTMDI.) prescribed by the Commonwealth of Massachusetts for nitrogen.ancf•-I;alar:, phrar s in its waters. Section 3. Notwithstanding any General or Special law to the contrary, including but not limited to any General or Special law conferring exclusive authority upon the Department of Agriculture to regulate and control the application of fertilizers elsewhere in the Commonwealth, the application of fertilizer containing nitrogen or phosphorus, or any other pollutants in the Town of Orleans, is hereby prohibited. The Town of Orleans may enact local Ily1 ws to implement this gat t„in lucialglimited exc eytions r0rsi tr xt,„with . tY pu ruti9 9 tl,rr5 rc P 0 111 rac er ;rry,fatrtt aac rossitrl Irriair raar nr, burl Section 4. This act shall take effect upon passage. 4