Homeowners, landscape contractors and groomers of athletic fields and golf courses would have to pay closer attention to how they apply fertilizers under a bill introduced by state Sen. Mike Brubaker.

If passed, homeowners and those who tend golf courses and scholastic athletic fields would be allowed to fertilize their lawns only at certain times of year, would not be allowed to spill fertilizer onto driveways and other impervious surfaces, and would be forbidden from fertilizing within 15 feet of a stream.

Lawn-care contractors and professional fertilizer applicators  would have to be certified in application techniques.

Farmers long have been subject to laws that control the amount of manure and commercial fertilizers they spread.

Now Brubaker, a Republican from Warwick Township, aims to stem the over-application of fertilizer in suburban and urban areas, where it can wash into local streams and, eventually, the Chesapeake Bay.

"It's definitely significant," said Brubaker. "Studies show modifications to urban lawns have a direct impact on water quality."

Brubaker noted that as part of the Chesapeake Bay cleanup, pressure has come to bear on much of Pennsylvania to reduce the amount of its nutrients that end up in the bay.

Brubaker is chairman of the multi-state Chesapeake Bay Commission.

His legislation, which was introduced Monday with bipartisan support, aims to reduce runoff pollution from non-farm fertilizers.

"My legislation would bring residential homeowners closer to the pollution-reduction practices for agricultural operations and make it easier for the state and local communities to meet federal pollution reduction goals," Brubaker said.

He said the bill was not drawn up without significant input from the lawn-care industry.

Among the measures in the bill:

• It would be against the law for homeowners to spread lawn fertilizer before March 1 or after Nov. 15, to apply it within 15 feet of a stream, and to use it to melt snow or ice or allow it to fall on impervious surfaces such as driveways and sidewalks.

Homeowners could be fined up to $50 for each occurrence.

• Limits would be put on the amount of nitrogen and phosphorus in fertilizer that could be sold over the counter.

• Landscapers and lawn-care services would have to be certified in proper application techniques. Uncertified employees would be allowed to apply fertilizer under the supervision of a certified applicator.

• Any material containing nitrogen or phosphorus cannot be labeled in stores for use to melt snow or ice.

• Fertilizer would have to be labeled with warnings for consumers to not apply near water, to sweep the product from driveways, sidewalks and streets, and to not apply if heavy rain is expected.

• Maximum fertilizer application rates would be set.

• Fines for violations would be up to $50 by the state Department of Agriculture. Warnings could be issued in lieu of a fine.

The Chesapeake Bay Foundation advocacy group praised Brubaker's bill.

"We think it is a logical and appropriate step in terms of addressing the nutrient load coming from suburban areas in particular, and, in many cases, urban areas," said Harry Campbell, science advocate for CBF's  Pennsylvania office.

The bill is not about punishing homeowners, he said. Rather it is meant to get at an issue which is a significant contributor to polluting local streams and the bay.

"Farmers are having to maintain a certain level of integrity for the amount they put on the ground. But we don't have that equivalency for our homeowners.

"This is really a fairness issue, as well."

Pennsylvania's neighboring states of Maryland and New Jersey already have enacted similar legislation.
acrable@lnpnews.com