Sludge Watch ==> Farmers- Using Sewage Sludge Could Devalue Your Land

[Maureen Reilly]

Steer Clear of Sewage Sludge
It’s nutrient rich, it’s free – and it could devalue your land
by Donald R. Good*

It’s a very common practice in Ontario to apply human sewage sludge to 
farmland. I understand cities in other provinces also have mountains of this 
stuff and are looking at farmland for disposal.

In eastern Ontario this practice has come under attack from concerned 
neighbors of farmers receiving sludge. In July, I attended a public meeting 
in Metcalf, a village south of Ottawa. This meeting was called by the 
township to give concerned citizens a chance to voice their concerns.

The sludge in question comes from the Ottawa regional treatment plant. It is 
class B sludge, meaning that 80% of the microorganisms are destroyed. 
Citizens at the July meeting were most concerned about the other 20%.

The sludge is applied to farmland. Each field is evaluated and, if approved, 
the farmer is granted a Certificate of Approval. This document is granted 
only if the field meets very stringent criteria. The sludge also has to meet 
specific safety criteria – for example, it cannot contain unsafe levels of 
heavy toxic metals.

Sludge can be applied only to certain crops, mainly corn and hay. It cannot 
be applied to crops such as strawberries. This raises the first major 
concern. If sludge is not safe for strawberries, then at the time of 
application it must be unsafe. The field retention time before corn or hay 
are harvested is supposed to render it safe. This is basically what the 
environment ministry official indicated at the meeting.

Representatives of the city, the medical officer of health, and the 
environment and the agriculture ministries all heavily supported the 
program. SO did representatives of the Ontario Federation of Agriculture and 
Kemptville ag college. A local farmer who applies sludge on his land also 
praised the program.

Human sewage sludge contains nitrogen, potassium and phosphorous as well as 
some micronutrient. Crops need these nutrients to grow. Sewage sludge on 
farmland is a source of nutrients and farmers get it free.

Should you apply sewage sludge to your farm? A number of farmers have asked 
my legal advice on this question and I always say they should not. Here’s 
why:

If the application of sludge (often called biosolids) to farmland is a waste 
disposal program, farmers should demand a tipping fee for the use of their 
land as a waste disposal site. If the sewage sludge is a valuable fertilizer 
product, the city should sell it to farmers for its nutrient value. In fact, 
farmers should want to buy it. Why don’t they?

The fact that sewage sludge has to be given away implies that it is 
worthless. In other words, the nutrient value is offset by some other cost. 
I believe this lack of value arises from the inherent risk of using material 
contaminated with human diseases on farmland. That’s the offsetting cost.

There is your dilemma! The promoters of sludge-as-fertilizer call it a 
valuable recycling program that is safe. On the other hand, sludge has no 
value due to its inherent risk.

Several years ago, imported fresh fruit from South America caused a serious 
bacteriological disease problem in Ontario. The fruit had apparently been 
irrigated with human sewage sludge. Pathogenic bacteria survived and 
contaminated the fruit. To this day, when I go to the market and pick up a 
box of fruit and see the source as South America, I put it back. My 
perception is that it may be contaminated.

Ultimately, clients of farmers are food consumers. As a farmer you should 
never adopt a practice that undermines the confidence of consumers in the 
safety of food you produce. The application of sewage sludge to farmland 
does just that. On this basis alone, farmers should not apply human sewage 
sludge to farmland.

The environmental questionnaire used by FCC and the big banks requires 
would-be farm borrowers to disclose the application of sewage sludge or 
industrial sludge. One major food or water contamination problem associate 
with sewage sludge could be enough for farmers using it to have difficulty 
with financing.

A prudent buyer of farmland should require a Phase I audit of any farm that 
has had sewage sludge or industrial sludge applied on it.

Any farmer who still wants to use a sewage sludge application program should 
demand an indemnity agreement from the applicator and the municipality. This 
agreement should give you full indemnification if you run into claims, 
damages or costs as a result of the program.

*Lawyer Donald R. Good was raised on a dairy farm in Waterloo County, Ont. 
His practice is restricted to agriculture, food and environmental law. He 
can be contacted at Box 5118, Merivale Depot, Nepean, Ont., K2C 3H4, phone 
1-800-661-8837.