Sludge Watch ==> Brunswick Maine - ordinance against sludge on athletic fields now in court

[Maureen Reilly]

WMTW.com
Sludgewatch Admin:

A town votes to limit the use of sewer wastes on athletic fields and then 
the municipality tries to overturn it!!  Where did democracy go?  Call Tom 
Linzey at the Democracy School.

...............................................................................


Town Mired In Sludge Debate
By News 8 WMTW

POSTED: 5:47 am EST January 23, 2007
UPDATED: 6:11 am EST January 23, 2007

BRUNSWICK, Maine -- The town of Brunswick is locked in a battle over sludge.

In November, voters narrowly approved an ordinance to stop the town from 
treating athletic fields with sludge, which contains material from waste 
treatment plants.

Now the town is taking the issue to court, saying that what voters approved 
is stricter than state law and would be very costly.

The town will hold a public hearing on Feb. 5 to discuss the issue.

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MUNICIPALITY OF BRUNSWICK

Petition for the enactment of an ordinance entitled “Brunswick Community 
Health and Land Care Ordinance”.
The full text of the ordinance is below. Must be signed by Brunswick 
Registered Voters

FULL TEXT OF ORDINANCE

Brunswick Community Health and Land Care OrdinanceI. Purpose. The purpose of 
this ordinance is to safeguard the health and welfare of the residents of 
the Town of Brunswick and to conserve and protect the Town’s ground water 
and other natural resources, while ensuring preservation and enhancement of 
Town-owned lands.

WHEREAS, the U.S. Environmental Protection Agency states: "All pesticides 
are toxic to some degree, and the commonplace, widespread use of pesticides 
is both a major environmental problem and a public health issue.”;

WHEREAS, the National Research Council reports that there is uncertainty 
about the potential for adverse human health effects from exposure to 
treated sewage sludge;

WHEREAS, the protection of ground water is critical to promoting the health, 
safety and general welfare of the residents of Brunswick;

WHEREAS, viable alternatives to potentially harmful land care practices and 
products are available;

THEREFORE, the Town of Brunswick adopts land management principles and 
practices for the care of Town-owned land that minimize risk, to the 
greatest extent possible, to human health and the environment. II. 
Provisions. The following provisions shall be applicable to all turf, 
landscape and outdoor pest management activities on Town-owned land.

Permitted:

• Use or application of natural, organic land care protocols.

• All control products and soil amendments, including fertilizer and 
compost, used under the terms of this ordinance shall be in keeping with, 
but not limited to, products that can be used on Maine Organic Farmers and 
Gardeners Association Certified Farms, and/or products permitted by the 
Organic Materials Review Institute or the USDA National Organic Program.

Prohibited:

• Use or application of chemical pesticides, other than pesticides 
classified by the US Environmental Protection Agency as exempt materials 
under 40 CFR 152.25, and those products permitted by the Organic Materials 
Review Institute.

• Use or application of sludge or sludge-derived products. III.Definitions. 
“Natural, organic land care” shall mean an extension of the principles and 
practices of organic agriculture to the care of turf and landscape. 
References by way of guide may be made to the Organic Land Care Program of 
Connecticut and Massachusetts, the Organic Pest Management Policy of the 
Town of Marblehead, Massachusetts and the USDA National Organic 
Program.“Pesticide” means any substance or mixture of substances intended 
for preventing, destroying, repelling or mitigating anypest; any substance 
or mixture of substances intended for use as a plant regulator, defoliant or 
desiccant; and any nitrogen
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Page 2
stabilizer. It does not include multicellular biological controls such as 
mites, nematodes, parasitic wasps, snails or other biological agents not 
regulated as pesticides by the U.S. Environmental Protection Agency. 
Herbicides, fungicides, insecticides and rodenticides are considered 
pesticides. “Sludge” and “sludge-derived products” shall include, without 
limitation, any product that contains a solid, semi-solid, or liquid waste 
generated by a municipal, commercial or industrial wastewater treatment 
plant or companies that use sludge in a product used as a soil additive, 
including composted class A residuals and residuals that may contain human 
pathogens. “Town-owned land” means all land owned or leased by the Town of 
Brunswick and managed by the Town of Brunswick Parks and Recreation 
Department, including outdoor grounds such as parks, playing fields, 
conservation and open space.“Pest” shall include any undesirable insect, 
plant, fungi, bacteria, virus or micro-organism. IV. Exemptions. The 
following processes are exempt: Drinking water and wastewater treatment; 
Indoor pesticide use; Contained baits or traps for rodent control; Use of 
pesticides classified by the US Environmental Protection Agencyas exempt 
materials under 40 CFR 152.25 or pesticides permitted by the Organic 
Materials Review Institute; Management of Town-owned land not used or used 
infrequently by the public (roadway medians, for example). V. Emergency 
Waiver. If an emergency situation warrants the use of non-exempt pesticides, 
the Codes Enforcement Officer may, upon written request, grant a 30 day 
temporary waiver. The waiver may be extended to a six month total period. 
Waiver approval shall be subject to the use of the least toxic material 
available to address the given emergency. The presence of weeds or common 
fungal diseases in the usual course of turf maintenance shall not constitute 
an emergency.Waiver determination shall be based on the following criteria: 
1. The pest situation presents a) an immediate threat to human health or 
environmental quality, or b) an immediate threat of substantial property 
damage or loss; and 2. Viable alternatives consistent with this ordinance do 
not exist. VI. Enforcement and Permits. This ordinance shall be enforced by 
the Code Enforcement Officer, according to the policies governing 
enforcement of municipal ordinances of the Town of Brunswick. VII. Advisory 
Committee.

The Brunswick Town Council may create an Advisory Committee to oversee 
implementation and enforcement of this ordinance and to study expanding this 
ordinance to include school property. At least two residents of Brunswick 
with an interest or expertise in public health or natural, organic land care 
shall be appointed to this committee. VIII. Conflict and Invalidity. If a 
conflict or inconsistency is found between this ordinance and other sections 
of the zoning ordinance or town charter, the terms of the stricter 
provisions shall prevail. The invalidity of a provision of this ordinance 
shall not invalidate any other provision of this ordinance. IX. Authority.

Pursuant to 30-A M.R.S.A. Section 3001, municipalities may enact ordinances 
to protect the welfare of their inhabitants. Pursuant to 22 M.R.S.A. Section 
1471-U, Maine municipalities may enact ordinances that apply to pesticide 
storage, distribution, or use. Proposed changes to this ordinance must be 
approved by a majority vote of registered voters of the Town of Brunswick. 
X. Effective Date. This ordinance shall be adopted on a regular basis and 
shall take effect immediately upon approval by the majority of the voters of 
the Town of Brunswick. Upon adoption, a copy of this ordinance shall be sent 
to the Board of Pesticides Control.

www.brunswickme.org/clerk/images/petitionforcommunityhealth.pdf