Sludge Watch ==> Pennsylvania - sludge ordinance - who decides sludge rules?

[Maureen Reilly]

Sludgewatch Admin:

The United States Part 503 sewage sludge regulations allow for states and 
localities to have their own sludge regulations so long as the are as 
stringent - or more stringent- than the Part 503 regulations.  This allows 
the Part 503 regs to be 'tweaked' to provide more protective provisions. 
Also the Part 503 has some glaring problems - for instance there is no 
enforcement provisions for enforcement of waiting periods before grazing or 
harvesting crops grown on sludge.

These glaring gaps were supposed to be addressed by state and local 
additional requriements.
Legislation thwarting local ordinances and state regs defeats this intent.

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



Dozens protest sludge lawsuit
BY BEN WOLFGANG
STAFF WRITER
bwolfgang at republicanherald.com
Republican Herald
02/20/2008




ANDY MATSKO/STAFF PHOTOS Annette Etchberger, left, and Regina Wiyda, both of 
East Brunswick Township, present a letter signed by township citizens to 
Pennsylvania Attorney General Tom Corbett on Tuesday in front of the 
Greystone restaurant in Pottsville.
Pottsvilles Centre Street became a sludge battleground Tuesday night.

About 50 East Brunswick Township residents and others rallied at 5 p.m., 
coinciding with Pennsylvania Attorney General Tom Corbetts arrival for a 
political fundraiser inside the Greystone restaurant.

Corporations spreading sewage sludge on farmlands has some East Brunswick 
residents furious  and now theyre gearing up to meet the attorney general in 
Commonwealth Court in April.

Were trying to remind the attorney general what country hes in, said 
Democrat Bill Mackey, township resident and 124th Legislative District 
candidate. Were supporting the East Brunswick Township supervisors. They 
passed a law to protect their citizens.


After Corbett pulled up to Greystone in a black sport utility vehicle, two 
township residents presented him with a 203-signature letter accusing him of 
stripping the township of its right to self-govern.

Corbett said his job is to simply enforce the states laws.

Passed by East Brunswick Township supervisors in 2006, the sludge ordinance 
challenges the rights of corporations to spread sewage sludge, called 
biosolids in the sewage treatment industry, and allows individuals to apply 
the materials only if they will pay for necessary environmental testing and 
take on all personal liability for environmental damage.

Residents cite health concerns and possible environmental effects as 
motivation for their opposition.

I live right down the road from a farm and Ive had asthma attacks, Jane 
Shellhamer, 42, of New Ringgold, said. I have a little one (child). Theyre 
(her children are) 16 and 3.

The law, however, may be on Corbetts side.

In 2005, the Pennsylvania General Assembly passed the Agriculture Community 
Rural Environment law, which restricted local governments ability to control 
corporate farming activity. The ACRE law gave the state the authority to set 
standards on controversial issues like sludge.

They (municipalities) cannot pass laws more strict than the state law, said 
Nils Frederiksen, the attorney generals spokesman. The law is clear. You 
cant operate illegally and then thumb your nose at the law. Theyre rallying 
to get more people to violate the law.

Corbett defended his position to the residents before slipping into 
Greystone.

If every municipality were to pass different (farming) regulations, no one 
would be able to conduct business, Corbett said.

At the rally, residents didnt hide their disdain for Corbett.

A vote for Corbett is a vote for sludge, one sign read.

We live here. We decide, another stated.

Another sign asked who would later be responsible for the townships sick 
children.

Frederiksen said the attorney generals office tried unsuccessfully to 
negotiate with East Brunswick Township. After stalled talks, he said the 
office had no choice but to file a lawsuit against the township.

Frederiksen said the case will be heard in April in Commonwealth Court. He 
also said if the court sides with the attorney general, the township sludge 
ordinance will immediately be struck down.

East Brunswick Township residents also provided The REPUBLICAN & Herald with 
letters addressed to state Sen. James J. Rhoades, R-29, and state Rep. David 
Argall, R-124.

In the letters, residents respectfully demand the repeal of the ACRE law and 
control returned to local governments.

Argall said he understands the townships concerns.

I opposed ACRE, Argall said. The problem is it takes away the local 
governments options.

Argall said as he understands the law, East Brunswick Township would be 
responsible for paying legal bills for the commonwealth if the township 
loses the case.

Champ Holman, Rhoades chief of staff, said Rhoades has twice proposed 
legislation to ban sludge completely until concerns could be addressed and 
were sure it isnt harmful.

Holman said the legislation got stuck in committee. He also said Corbett was 
operating in line with the duty of his office.

Whether its Tom Corbett or Mr. Smith, his job is to uphold the law, Holman 
said.

LETTER ADDRESSED TO ATTORNEY GENERAL TOM CORBETT

Signed by 203 East Brunswick Township Residents.

Attorney General Corbett,

We, the residents of East Brunswick Township, Schuylkill County, 
Pennsylvania are outraged that you have agreed to strip us of our right to 
local self-governance!

You are taking directions from waste hauling corporations who have defined 
dumping sewage sludge in rural Pennsylvania  AGAINST the wishes of citizens  
as a normal agricultural operation. Protecting corporate commercial 
interests over the safety, health and welfare of families in rural 
Pennsylvania contradicts your promise as Attorney General of Protecting 
Pennsylvania Families.

In your letter to East Brunswick Township wherein you notified our local 
officials of your intent to bring a lawsuit against this township, you 
stated that we have no authority to protect our community, our families, our 
environment and our quality of life.

Your actions in this matter  STRIPPING our local government of the power to 
protect citizens and TAKING AWAY the rights of residents to live in a 
healthy environment  are unacceptable to the residents of East Brunswick.

We remind you of our RIGHTS and our AUTHORITY which are recognized by the 
Pennsylvania Constitution, Article 1 Section II, All power is inherent in 
the people, and all free governments are founded on their authority and 
instituted for their peace, safety and happiness.

Respectfully,

Residents of East Brunswick.


http://www.republicanherald.com/site/news.cfm?newsid=19312373&BRD=2626&PAG=461&dept_id=529074&rfi=