City of Madison - File #: 15388

• File #: 15388
• Version: 2
• Name: Phosphorus fertilizer ban update
• Type: Ordinance
• Status: Passed
• File created: 7/10/2009
• In control: COMMITTEE ON THE ENVIRONMENT (ended 6/2020)
• On agenda: 11/3/2009
• Final action: 11/3/2009
• Enactment date: 11/20/2009
• Enactment #: ORD-09-00154
• Title: AMENDED Amending Sec. 7.48 of the Madison General Ordinances to update the City phosphorus fertilizer ban pursuant to 2009 Wis. Act 9 (newly enacted Wis. Stat. § 94.643).
• Sponsors: Larry Palm

Date	Ver.	Action By	Action	Result
11/3/2009	1	COMMON COUNCIL	Adopt With Amendment(s)	Pass
10/19/2009	1	COMMITTEE ON THE ENVIRONMENT (ended 6/2020)	RECOMMEND TO COUNCIL WITH THE FOLLOWING RECOMMENDATIONS - REPORT OF OFFICER	Pass
9/17/2009	1	BOARD OF HEALTH FOR MADISON AND DANE COUNTY	Return to Lead with the Recommendation for Approval	Pass
7/21/2009	1	COMMITTEE ON THE ENVIRONMENT (ended 6/2020)	Refer
7/21/2009	1	COMMON COUNCIL	Referred
7/10/2009	1	Attorney's Office/Approval Group	Referred for Introduction

Fiscal Note
This change would update City ordinances regarding phosphorus fertilizers, enabling consistency with State law. No appropriation is required.
Title
AMENDED Amending Sec. 7.48 of the Madison General Ordinances to update the City phosphorus fertilizer ban pursuant to 2009 Wis. Act 9 (newly enacted Wis. Stat. § 94.643).
Body
DRAFTER'S ANALYSIS: This Amended Ordinance amends various provisions of Sec. 7.48 of the Madison General Ordinances to update the language of the City phosphorus fertilizer ban to reflect the provisions of 2009 Wis. Act 9, which has created Wis. Stat. § 94.643 (effective April 1, 2010). This amendment incorporates the new statewide regulation by updating the language in the City ordinance to eliminate references to “turf and lawn” fertilizer, and expanding the ban from fertilizer containing “more than a trace” amount of phosphorus to fertilizer containing any amount of phosphorus or available phosphate. By updating the language to make the Ordinance consistent with the newly enacted State law, the City ban will be as strict as State law and make the obligations upon City residents, businesses, and retailers more clear. This amended ordinance also changes the penalty provisions of this Section to make them consistent with Secs. 7.46 and 7.47, MGO regarding other water pollution regulations. The effective date of this Ordinance is set for April 1, 2010, the date Wis. Stat. § 94.643 becomes effective. Prior to that date, the phosphorus fertilizer ban as currently set forth will remain in effect.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Section 7.48 entitled “Regulation of the Sale, Application and Use of Fertilizers” of the Madison General Ordinances is hereby amended to read as follows:
“7.48 REGULATION OF THE SALE, APPLICATION AND USE OF FERTILIZERS.
(1) Purpose. The Common Council finds that the Madison...