County Order Puts 30-Day Moratorium On Use Of Biosolids

SCHOHARIE COUNTY — Schoharie County has temporarily banned the use of biosolids as a fertilizer for 30 days, according to an emergency order signed by County Board of Supervisors Chairman Bill Federice on April 23 and taking effect on April 25.

The order is part of a two-pronged approach by the county to halt the use of biosolids until more can be learned about their potential harmful effects. County Supervisors are expected to consider a six-month moratorium on their use during a public hearing at their next meeting on May 16. Because it's the time when many growers are applying fertilizer, the BOS felt the emergency order was needed as a quicker action before the longer moratorium is considered on May 16.

The order comes after farmers appeared at the last two meetings of the county Agriculture Committee chaired by county Supervisor Alicia Terry to express concerns about the use of biosolids, which are the solid organic matter that remains after wastewater (sewage) treatment. These solids are then treated to meet specific standards before being used as a soil amendment or fertilizer, primarily in agriculture.

The emergency order signed by Federice states that the county "seeks to protect the health and welfare of all residents" and that further the county "recognized that there are potential health and environmental concerns because of the land application of biosolids or compost derived from a wastewater treatment facility."

It continues that there are many issues of concern "including but not limited to the following: 1. Monitoring, regulation and enforcement; 2. Fast changing/conflicting regulations; 3. Using out of state waste stream; 4. Lack of clear scientific understanding consensus; 5. Uncertainty regarding how many Schoharie County farmers use biosolids."

The order goes on to say that "PFAS compounds, including PFOS and PFAS, at certain levels, is known to cause significant health risks to humans including, but not limited to, cancer-causing, reproductive and other health issues...The spreading of PFAS-laden biosolids and other contaminant-laden biosolids may sink below the water table and lead to runoff, causing contamination of drinking wells and water supply sources."

The 30-day moratorium established by the order states that "No person shall buy, sell, offer for sale, apply or offer to apply biosolids or compost derived from biosolids, laden with PFAs, heavy metals and other industrial waste, from a wastewater treatment facility for the purposes application or spreading on the agricultural, residential or commercial lands located in Schoharie County."

It continues that the county Department of Health "shall conduct the necessary inquiries and inspections to provide a report relating to the existing risks and potential health hazards related to drinking water wells and supply sources from the spreading of PFAS laden and other contaminant-laden biosolids.

"Any person or entity who/that violates this order shall be subject to a civil payment of a fine not to exceed more than one thousand dollars per violation/per day."

The emergency order is accompanied by a state of emergency declaration also signed by Federice effective at noon on April 25 that has similar wording as the order.

"This situation threatens public safety," the emergency declaration states, referring to biosolids. "This state of emergency will remain in effect until rescinded by a subsequent order."