State may limit drilling byproduct from being spread on farms
Pennsylvania is seeking to limit the use of sewage sludge as a fertilizer on farmers’ fields if the sludge comes from sewer plants that treat wastewater from natural gas drilling.
Environmental regulators’ concerns about the sludge were highlighted in a New York Times article on Friday that described the risks of radioactive contaminants in the drilling wastewater concentrating in the sludge during treatment. The sludge, also called biosolids, is sometimes sold or given away to farmers and gardeners as fertilizer if it meets certain standards for pathogens and metals.
The Times article quotes from a transcript of a March 15 conference call between officials with the federal Environmental Protection Agency and the state Department of Environmental Protection about how to better regulate discharges of the wastewater that can be high in salts, metals and naturally occurring radioactive materials.
DEP is developing a guidance document about how to include new wastewater treatment standards into permits for new or expanding treatment plants that handle the drilling fluids. The new standards limit the amount of salty discharge, called total dissolved solids, that can enter state streams.
The draft guidance document would also bar treatment plants that receive untreated drilling wastewater from using their sludge for land application.
Ron Furlan, a division manager for DEP’s Bureau of Water Standards and Facility Regulation, is quoted in the the New York Times as saying sludge was included in the guidance document because “we don’t have a good handle on the radiological concerns right now, and in any case we don’t want people land-applying biosolids that may be contaminated to any significant level by radium 226-228 or other emitters.”
The guidance does not carry the legal weight of a regulation and would not be imposed on treatment plants unless their discharge permit is up for renewal or they apply for a new or expanded permit.
The draft guidance also proposes that treatment plants accepting untreated drilling wastewater develop radiation protection “action plans” and have monitoring requirements for radium 226 and 228, gross alpha and uranium established in their permits.
In a letter this week to the EPA, DEP Acting Secretary Michael Krancer wrote that the state has directed 14 public water supplies that draw from rivers downstream from treatment plants that accept Marcellus Shale wastewater to test the finished drinking water for radioactive contaminants and other pollutants. The state also called on 25 treatment plants that accept the wastewater to begin twice monthly testing for radioactivity in their discharges.
Tests of seven state rivers at sites downstream from wastewater treatment plants last fall showed that levels of radioactivity were at or below normal levels.
In the conference call quoted by the New York Times, environmental regulators also expressed concerns about radionuclides settling in the sediment of rivers where the incompletely treated wastewater is discharged from sewer plants.
“If you were really looking for radionuclides, that’s the first place I would look,” Furlan said.
DEP spokeswoman Katy Gresh said Friday that there are currently no plans to begin testing river sediment for radionuclides.
“We will use the results of the increased testing/monitoring to see what is being discharged before making that decision,” she said.
By Laura Legere (Staff Writer)
Published: April 9, 2011
http://citizensvoice.com/news/state-may-limit-drilling-byproduct-from-being-spread-on-farms-1.1130088#axzz1J1xZtYwG
Budget cuts tap out safe drinking water
In all of the debate on Capitol Hill about cutting budgets, you wouldn’t expect water to get a great deal of attention. But it should.
The Continuing Resolution set to emerge from the House this week makes drastic reductions in support for critical functions of the Environmental Protection Agency – the federal entity charged with protecting water supplies for hundreds of millions of Americans. But slashing the EPA’s budget, without shifting legal and financial responsibility to polluters, will leave America’s fisheries, drinking water supplies, and coastal areas vulnerable. No one else is guarding the door to the henhouse – quite literally, it turns out, when it comes to water pollution.
Industrial animal agriculture operations in the U.S. generate up to one billion tons of manure annually, most of which is applied – untreated – to cropland. As a result, according to the EPA, drinking water sources for an estimated 43 percent of the U.S. population have suffered some level of pathogen contamination associated with livestock operations, and 29 states have identified livestock feeding operations as a source of water pollution. In Congressional testimony, the U.S. Geological Survey identified livestock manure as the single largest source of nitrogen pollution in major rivers across the country, including rivers in Pennsylvania, Georgia, Florida, Arkansas, California and Wisconsin.
As food animal production in the U.S. has shifted from family farms to a concentrated industrial production system, efforts to protect the environment, rural communities and water supplies have not kept pace. These massive operations, housing thousands of hogs or hundreds of thousands of chickens in tight quarters, produce manure and other waste on an equally large scale, but continue to be regulated under a now-antiquated set of rules designed for small family farms. Corporations that own slaughterhouses, packing facilities and livestock often contract with farmers to raise the animals to the point of slaughter and argue that they bear no liability for compliance with Clean Water Act permits during the production period. The companies own the animals; the farmers are stuck with the manure.
Under this system, corporate owners have not been obligated to provide any financial assistance to farmers for the costs of waste treatment and disposal. As a result, local water utilities spend millions monitoring and treating this water pollution, and treasured gems like the Chesapeake Bay suffer from livestock-related pollution, while taxpayers pay the cleanup costs through EPA water programs. These programs are now on the chopping block.
Congressional efforts to find legitimate savings through efficiency and the elimination of waste in government programs are of course laudable. But members of Congress also have a responsibility to ensure that alternatives to government spending are identified so the health and welfare of millions of Americans is not jeopardized.
When it comes to water pollution, the polluters – and not the general public – should be responsible for cleaning up their own waste. It¹s time for industrial animal agriculture to pay its fair share.
By Karen Steuer – 02/15/11
Karen Steuer is Director of Government Relations for the Pew Environment Group.
http://thehill.com/blogs/congress-blog/economy-a-budget/144261-budget-cuts-tap-out-safe-drinking-water
DEP orders Tamaqua to fix sewer discharge
http://republicanherald.com/news/dep-orders-tamaqua-to-fix-sewer-discharge-1.1080322
DEP orders Tamaqua to fix sewer discharge
BY BEN WOLFGANG (STAFF WRITER bwolfgang@republicanherald.com)
Published: December 21, 2010
TAMAQUA – The borough has a little more than eight months to identify and reroute all illegal sewer discharge into Wabash Creek, the state Department of Environmental Protection ordered last week.
“The borough’s failure to address the problem left us with no choice but to order them to comply,” DEP’s Northeast Regional Director Michael Bedrin said in a written statement Monday.
According to DEP, at least two locations have been illegally discharging sewage directly into the creek, and there are 39 other potential illegal discharge sites.
The Tamaqua Public Library, 30 S. Railroad St., is one of the two confirmed locations, according to DEP.
DEP conducted dye tests earlier this year confirming the illegal discharge. Complaints about the discharge have been ongoing for several years and efforts to fix the problems have been unsuccessful, DEP said.
The discharges violate Pennsylvania’s Clean Streams Law.
“We want this addressed as quickly as possible,” DEP spokesman Mark Carmon said Monday. “This isn’t something new. They should have been looking at this for a while.”
DEP has ordered the library to connect to the borough sewer system by May 31, 2011. The other sites have until Aug. 31 to comply.
“There are no excuses for these violations. The borough was responsible for dealing with this pollution, failed in that responsibility and allowed raw sewage to be discharged into the creek,” said Bedrin.
DEP has ordered the borough to:
- Take whatever steps necessary to require the library to connect to the Tamaqua wastewater system
- Take whatever steps are necessary to investigate the sources of the sewage, notify owners of the problem and order them to correct it
- Identify any and all pipes funneling sewage directly into Wabash Creek
- Submit a report to DEP by Sept. 30 documenting the results of borough investigations and outlining the steps taken to address the problem
- Submit quarterly written progress reports
Tamaqua Mayor Christian Morrison and solicitor Michael Greek had no comment and directed all questions to borough manager Kevin Steigerwalt, who did return calls Monday.
Official seeks ordinance barring use of biosolids
http://www.tnonline.com/node/146100
Official seeks ordinance barring use of biosolids
Reported on Tuesday, October 26, 2010
By CHRIS PARKER cparker@tnonline.com
Lansford needs to have an ordinance in place barring the use of biosolids – commonly known as sludge – in the community, Tommy Vadyak of borough council’s Public Safety Committee said Monday.
He hopes that if Lansford adopts such an ordinance, surrounding communities will follow suit to the material, the byproduct of domestic and commercial sewage and wastewater treatment, out of the area.
Council may discuss the matter when it meets at 6:30 p.m. Nov. 9 in the borough’s community center at 1 W. Ridge St.
“It’s a safety matter,” he said. “Years ago, there were two young boys who died … I’m on the down side of life. It’s not to protect me, it’s to protect the youth coming up. I’m just looking out for their safety.”
Vadyak referred to 17-year-old Daniel Pennock of Mohrsville, Berks County, who died in 1995 days after coming in contact with biosolids used as fertilizer in a farmer’s field. Pennock died about six months after an 11-year-old Clearfield County boy, Tony Behun, died after riding his dirt bike across a strip mine where biosolids had been used.
He said there are few areas where biosolids might be used in Lansford. However, Lehigh Coal & Navigation of Pottsville has extensive mine pits in the Panther Valley where the substance could be used.
“I want to get a start here. Maybe if we get something started here, maybe the other communities around us will pick up on it and get one in place in their communities,” he said. “There are proper places to take biosolids; it’s not to dump it in our backyards.”
Vadyak said toxins from the material can be carried up to four miles on the wind. “I want to have a buffer,” he said. “Maybe we can get something going here to protect the whole area. This is not a dumping ground.”
Vadyak said that the biosolids matter surfaced in 1999-2000, when Lehigh Coal & Navigation of Pottsville proposed using the material to reclaim mine lands behind the Panther Valley High School in Summit Hill along Route 209 between Lansford and Nesquehoning. That plan was later dropped.
Lansford In June 2004 expected to adopt an ordinance governing biosolids, after neighboring Summit Hill adopted such an ordinance. That borough’s action was prompted by LC&N’s proposal to use biosolids, along with fly ash and kiln dust, for mine reclamation. The ordinance required that biosolids be tested for germs, chemicals, metals, radioactivity and material that would attract rodents.
Vadyak wants his council and those of neighboring communities to adopt an ordinance modeled after the much tougher one in place in East Brunswick Township, Schuylkill County, one that has withstood legal challenges at the state level.
East Brunswick’s ordinance will also likely be adopted Schuylkill Township supervisors. On Oct. 6, the Harrisburg Advanced Wastewater Treatment Facility withdrew its plans to use biosolids in a Schuylkill Township mine reclamation project. The mine is on land owned by the county and leased to Premium Coal of Hazleton. The treatment facility and Material Matters, the Lancaster County consultant representing it, ran into a wall of opposition from residents and township officials.
Although Schuylkill Township has an ordinance in place regulating the use of the material, supervisors plan to update the law by adopting one based on the East Brunswick Township ordinance.
Packer Township to adopt environmental protection law
Published on Times News Online (http://www.tnonline.com)
http://www.tnonline.com/node/86740
Packer Township to adopt environmental protection law
By admin
Created 04/08/2010
The Board of Supervisors for Packer Township has voted unanimously to advertise an ordinance that would enable the municipality to adopt and enforce environmental protection standards exceeding those set by the State legislature.
The ordinance is being considered by the Township in wake of the Pennsylvania Attorney General’s lawsuit to overturn an ordinance adopted in 2008 which bans corporate sewage sludge dumping within the township.
The vote to advertise the Packer Township Community Self-Government Ordinance is the necessary legal step prior to it being adopted by the township, which could occur as early as May 4.
The Board’s consideration of the ordinance followed a ruling by the Commonwealth Court on March 17 that let stand all but one provision of the Packer Township Sludge Ordinance, adopted in 2008.
Reacting to the attorney general’s legal filing in another municipal sludge ordinance case, in which he argued that “there is no inalienable right to local self-government” (Corbett vs. East Brunswick, January 31, 2008), Packer Township amended its sludge ordinance to remove authority from the attorney general to enforce state laws that violate community self-governing rights.
Claiming authority to sue to overturn the entire ordinance, Attorney General Thomas Corbett filed suit against Packer and on behalf of corporate waste haulers in August, 2009. Corbett requested the court nullify the ordinance without going to trial and find the ordinance void as a matter of law.
The opinion filed on March 17 stated that “Corbett’s Motion for Summary Relief is granted with respect to the amendment removing the authority of the Attorney General to enforce state law. The Motion for Summary Relief is denied with respect to all remaining issues.”
The new ordinance under consideration asserts that the “Pennsylvania legislature has repeatedly violated the right of Packer Township residents to govern their own municipality” and calls for “the outright nullification of the doctrine of preemption when it prohibits the people of Packer Township from adopting higher standards than those set forth in state law, but also requires the people of Packer Township to refuse to recognize the authority of the Attorney General or the courts, when those entities attempt to enforce the legislature’s illegitimate acts.”
“We know we’re pulling the tiger’s tail, but it’s not a question of which branch of government is more powerful; it’s a matter of right and wrong,” said Thomas J. Gerhard, chairman of the Packer Township supervisors. “It’s about justice and the denial of justice by the state, the legislature, the courts and the attorney general.”
How quickly the sewage sludge ordinance law suit moves forward in a politically packed year is up to the office of the attorney general. The state’s claim that dumping sewage sludge in rural communities is a “normal agricultural activity” protected by the state’s “Right to Farm” (ACRE) law will be one of the questions of fact before the court, as will the question of who has the right to govern in the municipalities of Pa.: corporate Boards of Directors and state regulatory agencies, or the people who live and raise families in those communities.
The case is Commonwealth of Pennsylvania v. Packer Township, 432 MD 2009.
