EXHIBIT
A
Findings of Fact In Support of
Dunes
City, Oregon's Ordinance 190
3-8-07
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Lakes in Dunes City provide essential benefits
to the residents of Dunes City, including a source of drinking water;
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Lakes in Dunes City are showing signs of
accelerating eutrophication. Both
Woahink and Siltcoos Lakes have experienced episodes of rapid
phytoplankton population growth (algae blooms) in recent years;
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The residents of Dunes City depend on the use
of onsite wastewater treatment systems to dispose of household liquid
waste. Conventional onsite wastewater treatment systems are not designed to remove phosphorus.
Effluent from these systems contains phosphorus that migrates into
ground water and into lakes in Dunes City;
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Use of phosphate fertilizer contributes to the
amount of phosphorus in lakes in Dunes City;
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The use of high phosphate detergents makes a
substantial contribution to the overall phosphorus levels of onsite
wastewater treatment system effluent.
Low phosphate detergents perform just as well as high phosphate
detergents at little additional cost;
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If no action were taken, further release of
phosphorus into lakes in Dunes City may cause
water quality deterioration to accelerate, potentially leading to their
irreversible eutrophication and loss of vital public benefits;
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The Background Information Document
(protecting critical water resources in Dunes City, Oregon) submitted by
the Moratorium Support Committee to the Dunes City Council on September
14, 2006, is hereby incorporated by reference as an aid in the
implementation of this ordinance;
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The use of fertilizers and pesticides within
the riparian zones and wetlands of the city disrupts their vital function
of providing a natural system of filtration of pollutants as well as a
buffer for our water bodies;
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Many pesticides, which include herbicides and
insecticides, are generally prohibited from use within 20 yards of the
lake and salmon-bearing stream waters of the city by order of the U.S.
District Court. Washington
Toxic Coalition vs EPA, C01–0132 (W.D. WA, January 22, 2004)
Information
supporting
CHAPTER 140 “PHOSPHORUS REDUCTION
AN ORDINANCE CREATING TITLE XIV
“WATER QUALITY PROTECTION” TO THE CODE OF DUNES CITY
Soil Sampling Guide
List of Labs that Analyze Soil Samples
(pdf)
Soil
Test Interpretation Guide
§140.001
PURPOSE
The purpose of this Chapter is to limit
the unnecessary inputs of phosphorus from fertilizers and cleaning agents
into the lakes, streams, and groundwater of Dunes City.
§140.002 DEFINITIONS
For
the purpose of this Chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
FERTILIZER.
A substance containing one or more recognized plant nutrients that
is used for its plant nutrient content and designed for use or claim to
have value in promoting plant growth.
Fertilizer does not include vegetable and animal manures, compost,
marl, lime and limestone.
TURF.
Non-crop land planted in closely mown, managed grasses, including, but not
limited, residential and commercial residential property, and property
owned by local units of governments, including parks and recreation areas. Turf does not mean pasture, hayland, hay, turf grown on turf
farms, or any other form of agricultural production.
AUTOMATIC
DISHWASHING DETERGENT. Any cleaning agent specifically designed for use in
automatic dishwashers.
CLEANING
AGENT. A laundry detergent, dishwashing compound, automatic dishwashing
detergent, household cleaner, metal cleaner, degreasing compound,
commercial cleaner, industrial cleaner, phosphate compound, or other
substance that is intended to be used for cleaning purposes.
NON-PHOSPHORUS
AUTOMATIC DISHWASHER DETERGENT. Any automatic dishwashing detergent
containing no more than 0.5% phosphorus.
Protecting
Critical Water Resources in Dunes City, Oregon
Mark Cherniak
Standards for Septic Systems and their Effluents,
including Phosphorus and Nitrogen, and Regulation of Phosphate
Containing Products
ORDINANCE NO. 190
AN ORDINANCE CREATING TITLE XIV
“WATER QUALITY PROTECTION” TO THE CODE OF DUNES CITY AND ADDING
CHAPTER 140 “PHOSPHORUS REDUCTION” TO THAT TITLE, AND DECLARING AN
EMERGENCY
WHEREAS,
the City Council of Dunes City is considering the adoption of various
regulations to promote water quality in Dunes City, and;
WHEREAS,
it is most appropriate to place new regulations promoting water quality in
a new title to the Code of Dunes City that is intended for this purpose,
and;
WHEREAS,
the City Council of Dunes City is concerned about the degredation to the
lakes of Dunes City from phosphorus contamination.
NOW
THEREFORE, Dunes
City ordains as follows:
Section
1. A
Title XIV, entitled “Water Quality Protection,” is added to the Code
of Dunes City.
Section
2. Chapter
140, entitled “Phosphorus Reduction,” is added to Title XIVof the Code
of Dunes City and shall read as follows:
§140.001
PURPOSE
The purpose of this Chapter is to limit
the unnecessary inputs of phosphorus from fertilizers and cleaning agents
into the lakes, streams, and groundwater of Dunes City.
§140.002 DEFINITIONS
For
the purpose of this Chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
FERTILIZER.
A substance containing one or more recognized plant nutrients that
is used for its plant nutrient content and designed for use or claim to
have value in promoting plant growth.
Fertilizer does not include vegetable and animal manures, compost,
marl, lime and limestone.
TURF.
Non-crop land planted in closely mown, managed grasses, including, but not
limited, residential and commercial residential property, and property
owned by local units of governments, including parks and recreation areas. Turf does not mean pasture, hayland, hay, turf grown on turf
farms, or any other form of agricultural production.
AUTOMATIC
DISHWASHING DETERGENT. Any cleaning agent specifically designed for use in
automatic dishwashers.
CLEANING
AGENT. A laundry detergent, dishwashing compound, automatic dishwashing
detergent, household cleaner, metal cleaner, degreasing compound,
commercial cleaner, industrial cleaner, phosphate compound, or other
substance that is intended to be used for cleaning purposes.
NON-PHOSPHORUS
AUTOMATIC DISHWASHER DETERGENT. Any automatic dishwashing detergent
containing no more than 0.5% phosphorus.
§140.003 RESTRICTIONS ON THE
USE OF FERTILIZERS
(A)
A person may not apply any fertilizer whatsoever within the 50 foot
shore land and riparian setback or within any wetlands, locally
significant or non-locally significant, within Dunes City.
(B)
A person may not apply a fertilizer containing phosphorus to lawn
or garden plants except under conditions listed in Section 140.003(C).
(C)
Section 140.003(B) does not apply when:
(1) A residential property
owner or an agent of the property owner conducts a soil test by a
laboratory listed in the Oregon State University Extension Service
publication EM 8677, “Nutrient Management Guide, Laboratories Serving
Oregon” using the Bray P1 test. The restriction does not apply if the test results indicate
that the level of available phosphorus in the soil is insufficient to
support healthy plant growth; or
(2) A residential property
owner or an agent of the property is first establishing turf via seed or
sod procedures, and only during the first growing season.
(D) Results of soil test conducted
pursuant to Section 140.003(B) shall be submitted to Dunes City for the
city’s records prior to application of phosphorus fertilizer by a
residential property owner or an agent of the property owner.
(E) Applications of phosphorus
fertilizer authorized under Section 140.003(B)
must not exceed rates recommended by the Oregon State University Extension
Service publication EC 1278 “Fertilizing Home Lawns “ or EC 1503 “
Fertilizing Your Garden” as appropriate for soil test results and where
applied.
§140.004
PROHIBITION OF THE USE OF PHOSPHORUS-CONTAINING CLEANING AGENTS
After
the effective date of this ordinance, no person may use any cleaning agent
that contains more than 0.5% phosphorus by weight.
§140.005
CONSUMER AND RETAILER INFORMATION
(A) Each year the City Council or
designated committee shall make available to the residents of Dunes City
with a list, by brand name, of the most common fertilizers that do not
contain phosphorus.
(B) Upon passage of this ordinance,
the City Council shall contact the managers of retail stores in Dunes City
and its proximate environs to: a)
inform such stores about the prohibition on the use of high phosphate
fertilizers in Dunes City; and b) request that such stores post signs,
labels or other markings that clearly distinguishes brands of fertilizers
that do not contain phosphorus.
(C)
Upon passage of this ordinance, the City Council or designated
committee shall make available to the residents of Dunes City with a list,
by brand name, of non-phosphorus automatic dishwasher detergents.
(D) Upon passage of this ordinance,
the City Council shall contact the managers of retail stores in Dunes City
and its proximate environs to: a)
inform such stores about the prohibition on the use of high phosphate
dishwasher detergents and other cleaning agents in Dunes City; and b)
request that such stores post signs, labels or other markings that clearly
distinguish non phosphorus automatic dishwashing detergents.
§140.006 PENALTIES
(A) Any person who knowingly uses a
fertilizer in violation of Section 140.002 of this ordinance shall be
subject to a fine of not more than $500.
(B) Any person who knowingly uses a
cleaning agent in violation of Section 140.003 of this ordinance shall be
subject to a fine of not more than $100.
Section 3.
If
any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, that portion shall be deemed a separate,
distinct, and independent provision and that holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 4.
It
being necessary for the peace, health, safety, and orderly development of
the City of Dunes City, an emergency is hereby declared to exist and this
ordinance shall become effective immediately upon its passage by the
council and signature by the mayor.
While
not a part of this ordinance, the findings attached as Exhibit “A” and
incorporated herein by this reference are adopted in support of this
decision.
ADOPTED BY THE DUNES CITY COUNCIL THIS 8TH DAY OF MARCH, 2007.
Ayes: _______
Nays: _______
Abstain: _______
Absent: _______