Albany County’s temporary pause on the use of human biosolids on farmland remains unchanged after the New York State Legislature failed to pass a 5-year ban.
Albany County enacted a 90-day pause in January after officials learned that biosolids, which are the materials left over after the wastewater treatment process, were being used on a Town of New Scotland farm.
Bethlehem’s Democratic Town Supervisor David VanLuven told WAMC he learned in mid-February that a farmer in the town of New Scotland had been applying biosolids to one of his fields, some two-thirds of a mile from the town's Black Creek Reservoir. He said the biosolids, also known as 'sewage sludge,' had allegedly contaminated several private wells in the Town of Bethlehem, with test results showing elevated total coliform and E coli levels.
"When we learned about this, we reached out to the Albany County Department of Health to see if they thought that it was an issue for us to be concerned about. They said that it was not a threat to the safety of the town drinking water," said VanLuven.
Still, in late April, Albany County Executive Dan McCoy issued an executive order extending the 90-day pause another 180 days into October.
The Albany County case was the kind at the heart of a state bill that would have would banned the sale and use of biosolids on farmland for five years to allow time for more research and the development of technology to treat the substance to make it as safe as drinking water. Environmental advocates urged New York legislators to pass the bill, which passed comfortably in the Senate but never made it to a vote on the Assembly floor.
Katherine Nadeau, deputy director of policy and programs, at Environmental Advocates of New York, says sewage sludge can be laced with toxic “forever chemicals,” putting New Yorkers at risk.
"Allowing sewage sludge to continue to be spread on land in New York State, you know, is only harming our waters, our lands, our farmlands, our rural communities. And through their inaction, the Assembly is allowing this to continue for at least another year,” she said, adding the longer biosolids are used, the more laborious the cleanup will be.
“We know that the more that they are spread on our land, you know, the more expensive and the more challenging it becomes to actually clean this up," Nadeau said.
To be sure, regulations and recommendations for biosolids management in New York state posted on the Department of Environmental Conservation’s website say biosolids are safe when properly treated and processed.
Renée St. Jacques, with the New York Farm Bureau, says the agency didn't take a position on the moratorium proposal. "But that means that our members have been watching news and listening on what's going on, and they will be discussing this issue during their summer meetings and into the fall, and hopefully we will have policy related to this going forward afterwards, after they vote on policy at our state convention, and that will give some direction as far as what our New York Farm Bureau membership would like us to do," St. Jacques said.
VanLuven says Bethlehem will continue to work with Albany County to try to keep biosolids out locally. And he said the town will work with water and agricultural advocates to try again next year to pass a statewide ban.
Albany County spokesperson Mary Rozak said in an emailed statement: "Our moratorium remains in effect until October with plans to extend it. Notices have been sent to all properties within agricultural districts informing the community about the moratorium. We continue to engage in ongoing conversations with DEC on this matter, as we continue to evaluate the best path forward."
Maine is the only state that has banned biosolids.
