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HOUSE DOCKET, NO. 1534 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 874
The Commonwealth of Massachusetts
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PRESENTED BY:
Sarah K. Peake
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act regulating the application of fertilizer used in the town of Orleans.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Sarah K. Peake4th Barnstable1/11/2023 1 of 2
HOUSE DOCKET, NO. 1534 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 874
By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 874) of
Sarah K. Peake (by vote of the town) regulating the application of fertilizer used in the town of
Orleans. Environment and Natural Resources. [Local Approval Received.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act regulating the application of fertilizer used in the town of Orleans.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. There is sound scientific evidence to conclude that nitrogen and phosphorus
2in fertilizers are contaminants that negatively affect fresh and salt waters when present in
3excessive amounts. These excessive amounts of nitrogen and phosphorus contribute to
4undesirable algae and aquatic plant growth within all Orleans water bodies. This undesirable
5algae and aquatic plant growth has an adverse effect on public health through the degradation of
6waters used for drinking water, shell fishing, and recreational swimming and boating.
7 SECTION 2. It is necessary to prohibit the application of fertilizer that contains
8phosphorus and nitrogen so as to improve the water quality of the Town of Orleans. The soils of
9Orleans are unique insofar as Orleans has significant amounts of coarse, sandy soils that are
10subject to rapid water infiltration, percolation and leaching of nutrients, and such unique local
11conditions require that Orleans prohibit the application of nitrogen and phosphorus added to soils
12through the application of fertilizers. This act should help Orleans to achieve compliance with 2 of 2
13the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts
14for nitrogen and phosphorus in its waters.
15 SECTION 3. Notwithstanding any general or special law to the contrary, including but
16not limited to any general or special law conferring exclusive authority upon the Department of
17Agriculture to regulate and control the application of fertilizers elsewhere in the Commonwealth,
18the application of fertilizer containing nitrogen or phosphorus, or any other pollutants in the town
19of Orleans is prohibited, except for the purposes of commercial agricultural and the residential
20use of certified organic fertilizer with low nitrogen and phosphorus for the use in growing fruits
21and vegetables that is allowable under the USDA National Organic Program organic standards
22(OMRI listed).
23 SECTION 4. This act shall take effect upon passage.