330 CMR, § 31.05 - Limitations on the Application of Phosphorus Containing Fertilizer; Requirements for the Application of Plant Nutrients and Phosphorus Containing Fertilizer to Non-agricultural Turf and Lawns

(1) The following shall apply to Phosphorus Containing Fertilizer:

(a) No Person may purchase and apply, or authorize any Person, by way of service contract or other arrangement, to apply any Phosphorus Containing Fertilizer on Non-agricultural Turf or Lawns except under the following conditions:

1. Soil Test, taken not more than three years before the application, indicates that additional phosphorus is needed for growth; or

2. The Phosphorus Containing Fertilizer is used to establish new Lawn or new Non-agricultural Turf area.

A new Lawn or Non-agricultural Turf area shall be defined as bare ground or as part of a Renovation. The use of phosphorus for these purposes shall be limited to the first growing season.

(2) The following shall apply to Animal Manure, Fertilizer, Organic Compost, Natural Organic Fertilizer, Biosolids, Agricultural Byproducts, Digestate, or combination thereof:

(a) The amount of nitrogen and phosphorus must be known and accounted for;

(b) A Soil Test is taken prior to the initial application;

(c) Application of these materials shall not exceed the maintenance phosphorus rates for Non-agricultural Turf or Lawn as specified in UMass Guidelines; and

(d) The requirement in 330 CMR 31.05(2)(a), (b), and (c) shall not apply to:

1. A single application made within a 12 month period at an application rate not to exceed 0.25lbs of P₂O₅ per 1,000 square feet; or

2. Any product used containing 0.67% or less available P₂O₅.

(3) In addition to the requirements of 330 CMR 31.00, any application of Biosolids to Non-agricultural Turf and Lawns shall comply with the requirements of 310 CMR 32.00: Land Application of Sludge and Septage.

(4) For applications of Plant Nutrients, including Phosphorus Containing Fertilizer, to Non-agricultural Turf and Lawns, no applications shall be made:

(a) To Frozen Soil, Snow Covered Soil, Saturated Soil, Frequently Flooded Soils, or soils when flooding is expected. An expectation of flooding includes, but is not limited to a prediction of Heavy Rain;

(b) Within 20 feet of Surface Waters, if using a broadcast application method,

(c) Within ten feet of Surface Waters, if using a drop spreader or rotary spreader with a deflector or a targeted spray;

(d) Within a Zone I of a Public Water Supply Well;

(e) Within 100 feet of Surface Waters that are used for public water supplies;

(f) In an amount that is inconsistent with the annual recommended rate established by the UMass Guidelines for turf;

(g) To any Impervious Surface, including parking lots, roadways, and sidewalks, by means of direct application, spills, overspray, or run-off to impervious areas;

1. if such direct application, spills, overspray, or run-off occurs, the product material must be cleaned completely from the surface and be either:

2. contained or disposed of legally; or

3. applied to Non-agricultural Turf or Lawn as allowed.

(h) For the purpose of de-icing Impervious Surfaces; or

(i) To drought dormant, cold dormant, inactive or otherwise brown turf.

(5) Should UMass Guidelines not be available when referenced in 330 CMR 31.00, the applicator or operator must follow the equivalent extension service standards or standard industry practices until such time that UMass Guidelines become available.

Notes

330 CMR, § 31.05

Adopted by Mass Register Issue 1288, eff. 6/5/2015. Amended by Mass Register Issue 1356, eff. 1/12/2018.