Sludge Watch ==> Maryland- sludge in the forest - County forced by state?

[maureen.reilly at sympatico.ca]

Sludgewatch Admin:

As I understand it...local laws can be more stringent that the state or 
federal requirements.

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Landowner Gets Permit To Allow Sludge Dumping
Cara Dahl

Staff Writer

08/17/2006 SNOW HILL – The County Commissioners reluctantly introduced a 
draft text amendment this week to permit sewage sludge spreading on 
agricultural land after a landowner went to the state.

Last year, local landowner Billy Laws requested that the county create a 
text amendment allowing him to spread sewage sludge from the Salisbury 
wastewater plant on a section of forest he owns. The Worcester County 
Planning Commission and county staff recommended against the text amendment, 
and the commissioners declined to pursue the matter.

Now the commissioners’ hand has been forced because Laws has gone through 
the Maryland Department of the Environment permitting process and has a 
state permit in hand.

“We have determined we are pre-empted by state law,” said Director of 
Development Review and Permitting Ed Tudor, who conferred with county 
attorney Ed Hammond on the county’s position.

Hammond told Tudor that the county could still add conditions through a text 
amendment to protect the county environmentally. The original unfavorable 
staff recommendation stemmed from concern over the impact the nutrients from 
the sludge could have on water quality.

Tudor said the county law should be able to supersede state law in this 
case. “We deserve a certain level of protection above and beyond the level 
of the state,” Tudor said at the time. “It’s meant to be tougher.”

Commissioner Judy Boggs said this week, “I’m personally offended our laws 
are preempted by the state. Is there any way we can appeal that if our 
environmental law is stronger than the state’s?”

The commissioners could go to the state legislature, said Hammond, and work 
on a change in state law.

“I don’t know why we have to take sludge from other areas,” said 
Commissioner Louise Gulyas.

Commissioner Bud Church agreed, asking, “What’s the issue with putting it on 
their own county?”

Hammond said turnabout could be fair play.

“I would encourage the County Commissioners to look for a spot as close to 
possible to Salisbury to put our sludge,” Hammond said.

Commissioner Virgil Shockley pointed out that Laws would be using the sludge 
as fertilizer.

“He’s putting it on trees and the trees are using it,” said Shockley. “I’m 
not crazy about it either and I’m especially not crazy about, like Judy 
said, the state telling us what to do.”

The commissioners will hold a public hearing on the text amendment at the 
Sept. 19 meeting. Laws could not be reached for comment.

All material copyright 2006 The Maryland Coast Dispatch, Berlin, MD. 
Questions, comments, contact us at editor at mdcoastdispatch.com