Only Two Towns in New York State Ban the Use of ‘Sewage Sludge’ as Fertilizer

The town of Cameron in Steuben County became the second town in New York to ban the practice of landspreading using sewage sludge.The town board adopted the law at its monthly board meeting on June 11.

The town worked with the environmental legal firm Earthjustice to ban the use of sewage sludge—also known as biosolids—on land applications for more than a year.

The town of Thurston, also in Steuben County, was the first in the state to ban the use of sewage sludge in land applications in 2023.

Cameron town supervisor, Bob Manley said board members and their constituents felt a “sense of relief” that the bill was finally adopted into local law.

“We feel extremely excited that we now have it going on the books because obviously, we do not want sludge spreading,” Manley said. “It’s not healthy. We’re concerned with the environment and the health of our town residents.”

The bill’s passage was a prudent endeavor for town officials and their legal team.

“We’re sort of a cautious group,” Manley said. “We don’t move quickly, but we move methodically, so that’s why it took as long as it did, but it’s going to be on the books and be in effect.”

Sewage sludge is used as a fertilizer. It is made up of human and industrial waste and comes from wastewater treatment plants.

Cameron resident and environmental activist, Wayne Wells (left) talks with fellow town resident Tim Hargrave (right). Wells and Hargrave have been fighting for years to have local and state laws to ban the use of sewage sludge and remediate PFAS forever chemicals found in contaminated soil and water sources in the town. (Credit: Natalie Abruzzo/WSKG News)

It can contain Per- and Polyfluoroalkyl Substances (PFAS). They are often referred to as “forever chemicals” because they break down slowly—it can take up to 1,000 years. PFAS were created for use as water, stain and grease repellant and are used in clothing, textiles and household products as well as firefighting foam.

According to the U.S. Environmental Protection Agency, there are no safe levels of PFAS. Exposure to these chemicals can cause reproductive harm, developmental delays in children and some cancers.

PFAS found in soil can also contaminate drinking water sources. These PFAS chemicals found in water samples in Cameron in 2023 were the impetus behind the town’s ban.

Cameron’s new law states its purpose is “to enable persons in the [town] to realize their fundamental rights to clean air, clean water, and a healthful environment; to preserve agricultural lands within the [town] for the production of food and other agricultural products; and to ensure that the health and safety of residents of the [town] of Cameron are protected.”

The bill was enacted to close gaps in existing laws governing sewage sludge disposal in the town.

The new bill will fine anyone in violation of the law up to $1,000 per offense. The town will use the fines collected to construct and implement water filtration systems where any contamination occurred. The monies will also assist with buying and distributing alternative drinking water sources until a filtration system is in place and operational.

Last month, the town of Thurston updated its law to reflect the $1,000 fine and a community fund to help residents with contaminated drinking water sources, according to Town Supervisor Michael Volino. The legislative findings section has also been lengthened, due to the “continued information showing the harmful effects of PFAS in sewage sludge,” Volino said. Thurston’s updated law replaces its original law.

Although residents and local leaders have called on Steuben County officials to ban the land application of sewage sludge in the entire county, it has yet to take action.

Sewage sludge is used in land applications in some areas within the county. According to the state Department of Environmental Conservation, the Casella/Bonny Hill Organics facility, formerly Leo Dickson and Sons, has nearly 1,700 spreadable permitted acres. In Hornell, there are nearly 400 acres permitted throughout the city.

A state bill to place a five-year moratorium on the land application, sale and distribution of sewage sludge passed the senate on June 12. However, the state assembly has not held a vote on the bill. Tuesday was the last day of the legislative session.

Land application of sewage sludge is banned in Maine and Connecticut. Michigan has a ban on sludge with high levels of PFAS chemicals, but allows it to be used. Colorado tests for PFAS in sewage sludge and keeps records of its levels and risks to public health and the environment.

Story by Natalie Abruzzo/WSKG/New York Public News Network

Image: Town of Cameron board of supervisors hears public comment from resident Wayne Wells (standing left) on the banning of sewage sludge as fertilizer in its jurisdiction at the board meeting on July 10, 2024. (Credit: Natalie Abruzzo/WSKG News)