Westchester Impels State to Pass Fertilizer, Detergent Law

High levels of phosphorous in bodies of water cause algae to bloom, which can cut off the oxygen supply to fish and compromise drinking water.

In 2009, Westchester became the first county in New York State to adopt measures to minimize the amount of phosphorus runoff from storm and sewage drains into lakes, rivers, streams and wetlands. And recently, this first step served as a springboard for a new state law that restricts the use of phosphorus in fertilizer and household dishwashing detergent, according to Cathleen Breen, the Watershed Protection Coordinator of the New York Public Interest Research Group.

The new state law was passed by the legislature and signed by Gov. David Patterson on July 15. It will not impact similar legislation in Westchester, which covers fertilizer but not dishwashing detergent.

NYPIRG worked with town boards and other environmental groups in Westchester to educate businesses and consumers about the issue, said Breen.

"We surveyed businesses to see if they'd be willing to carry phosphorus-free fertilizer and how they would market it," she said.

NYPIRG also created a guide to let consumers know where they could buy phosphorus-free products and educate homeowners about lawn care. "We had to let people know they could still have a green lawn," said Breen.   

Landscapers and fertilizer manufacturers argued against the bill, saying it would hurt their businesses.  Phosphorus stimulates plant growth, so landscapers and homeowners use fertilizer containing phosphorus to grow lush, green lawns.

According to the bill, lawn fertilizers can account for 50 percent of the phosphorus found in stormwater runoff. Lawmakers who supported the bill said it will save towns money by eliminating the cost of removing phosphorus from bodies of water. Water quality is a major concern in Westchester because the Croton Watershed provides drinking water to 85 percent of the county.

The Westchester County Legislature unanimously passed its version of the bill in May 2009, with the phosphate fertilizer ban taking effect on Jan. 1, 2011.  Violations of the law will result in fines between $50 to $150, according to county officials.

The state law prohibits the sale of newly stocked, phosphorus-containing dishwasher detergents for household use, and all dishwasher detergent with phosphates have to be off store shelves by October.

Beginning on Jan. 1, 2012, the state law will prohibit the use of phosphorus-containing lawn fertilizer unless establishing a new lawn or a test shows that the lawn does not have enough phosphorus. The law does not affect the use of agricultural or garden fertilizers.