Wednesday, August 16, 2006

Sludge proposal advances in Tamaqua

August 16, 2006
The Morning Call ....Pennsylvania

Residents advocate measure to govern substance's use on land.
By Sarah Fulton Special to The Morning Call
Tamaqua Borough Council plans to advertise a proposed ordinance regulating land application of treated human sewage. Council voted to advertise the measure for adoption to the pleasure of a large audience at Tuesday's regular meeting.

Sludge, also known as biosolids, is treated waste frequently used as a fertilizer on farmland.Council is considering adopting an ordinance that would require companies and individuals who plan to use sludge to apply to the borough and meet state Department of Environmental Protection standards. Sludge prepared for land use must be tested by a laboratory and proven to be free of pathogens and harmful pollutants, the ordinance states. The borough must be allowed to sample the sludge and test it at the expense of the applicant.

For months council has heard pleas from residents and local activists to adopt an ordinance governing the use of sewage sludge on land. Residents were spurred to action after plans to use the waste as fertilizer were announced in neighboring Schuylkill Township.Thomas Linzey of Community Environmental Legal Defense Fund of Chambersburg supplied the sludge-regulating proposed ordinance to council and attended Tuesday's session to answer questions from the public.Linzey explained that since the ordinance's first public presentation, he deleted the section that regulated sludge hauling through the borough.''The ordinance has been modified in response to comments from council,'' Linzey said. ''There would be no enforcement provisions that would deal with'' hauling.Resident Michael Vadjac asked if the ordinance could prohibit companies from hauling sewage sludge through the borough by rail on the way to other towns. Linzey said that would not be covered by the current proposed ordinance.However, some cities, such as Washington, D.C., have prohibited the transport of hazardous waste materials through their boundaries, Linzey said.If adopted, council is tasked with enforcing the ordinance.

Residents may also file complaints in court to enforce the ordinance.Any person found guilty of violating the proposed ordinance would be guilty of a summary offense and subject to a $750 fine. A second violation calls for a $1,000 fine, as well as every violation thereafter. Violators may also be imprisoned as the court sees fit.Linzey said council should keep hope that someday it will be able to exercise further authority and ban the use of sludge outright.He said there is language in the Clean Water Act indicating that municipalities have the right to regulate the disposal of sludge. Municipalities in New Hampshire and a county in California have successfully banned use of the materials and have been supported in court rulings, Linzey said. He said the language has not yet been tested in Pennsylvania courtrooms.Council has not set a date for adoption of the ordinance.

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