The agreement allows EPA to violate the CWA. "In exchange for these commitments, the citizen
[partners] plaintiffs, NRDC, and AMSA agree not to sue EPA for failure to comply with CWA 405(d)(2)
(C), preventing additional litigation. The Agreement preserves AMSA's right, however, to intervene in
any CWA 405(d)(2)(C) lawsuit that may be brought by another organization."
Wasn't a similar agreement signed with EPA when the NRDC sued EPA to stop ocean dumping?
Who gave these people in EPA, NRDC, and AMSA the right to create an agreement for EPA to
violate the CWA 405(d)(2)(C) provisions which put the farmers and public at risk
The Congress finds with respect to the environment and health, that--(1) although land is too
valuable a national resource to be needlessly polluted by discarded materials, most solid waste is
disposed of on land in open dumps and sanitary landfills;(2) disposal of solid waste and
hazardous waste in or on the land without careful planning and management can present
a danger to human health and the environment.
Part 261.4(a) Materials which are not solid wastes. The following materials are not solid
wastes for the purpose of this part:
(1)(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other wastes that passes through a sewer system
to a publicly-owned treatment works for treatment. “Domestic sewage” means untreated
sanitary wastes that pass through a sewer system.
(27) The term ``solid waste'' means any garbage, refuse, sludge from a waste treatment plant,
(26A) The term ``sludge'' means any solid, semisolid or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant,
(26) The term ``sanitary landfill'' means a facility for the disposal of solid waste which meets the
criteria published under section 6944 of this title
EPA does not include infectious characteristics in its hazardous waste regulation. The metals limits in
sludge do meet the RCRA hazardous waste standards.
RCRA (5) The term ``hazardous waste'' means a solid waste, or combination of solid wastes, which
because of its quantity, concentration, or physical, chemical, or infectious characteristics may--(A)
cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or(B) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported, or disposed of, or otherwise
Congress finds that due to the danger to human health land disposal of hazardous solid waste
should be eliminated as landfills and surface disposal polluted the land, air and water, and should be
the least favored method of disposal
Under the CWA
7) it is the national policy that programs for the control of nonpoint sources of pollution be developed
and implemented in an expeditious manner so as to enable the goals of this Act to be met through
the control of both point and nonpoint sources of pollution
Section 507 of Pub. L. 100-4 provided that: ``For purposes of the
Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the term
`point source' includes a landfill leachate collection system.'
(6) The term ``pollutant'' means dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and
agricultural waste discharged into water
13) The term ``toxic pollutant'' means those pollutants, or combinations of pollutants,
including disease-causing agents, which after discharge and upon exposure, ingestion,
inhalation or assimilation into any organism, either directly from the environment or indirectly by
ingestion through food chains, will, on the basis of information available to the
Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological malfunctions (including malfunctions in reproduction) or physical deformations, in
such organisms or their offspring
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited
EPA says any polluntant in sludge could kill, not just the nine pollutants mentioned.
If it will kill you, it must be a hazardous waste
40 CFR 503.9(t) Pollutant is an organic substance, an inorganic substance, a combination of
organic and inorganic substances, or a pathogenic organism that, after discharge and upon
exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment
or indirectly by ingestion through the food chain, could, on the basis of information available to the
Administrator of EPA, cause death, disease, behavioral abnormalities, cancer, genetic
mutations, physiological malfunctions (including malfunction in reproduction), or physical
deformations in either organisms or offspring of the organisms.
TITLE 42 - THE PUBLIC HEALTH AND WELFARE/CHAPTER 103 - COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY (CERCLA)
6) The term “damages” means damages for injury or loss of natural resources as set forth
in section 9607 (a) or 9611 (b) of this title
(8) The term “environment” means
(B) any other surface water, ground water, drinking water supply, land surface or
subsurface strata, or ambient air within the United States or under the jurisdiction of the
(9) The term “facility” means
(B) any site or area where a hazardous substance has been deposited, stored, disposed of, or
placed, or otherwise come to be located; but does not include any consumer product in consumer
use or any vessel
(14) The term “hazardous substance” means
A) any substance designated pursuant to section 311(b)(2)(A) of the Federal Water Pollution
Control Act [33 U.S.C. 1321 (b)(2)(A)],
(B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of
(C) any hazardous waste having the characteristics identified under or listed pursuant to section
3001 of the Solid Waste Disposal Act [42 U.S.C. 6921] (but not including any waste the regulation of
which under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] has been suspended by Act of
(D) any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act [33 U.S.
C. 1317 (a)],
(E) any hazardous air pollutant listed under section 112 of the Clean Air Act [42 U.S.C. 7412], and
(F) any imminently hazardous chemical substance or mixture with respect to which the Administrator
has taken action pursuant to section 7 of the Toxic Substances Control Act [15 U.S.C. 2606].
(22) The term “release” means any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the environment
(A) any release which results in exposure to persons solely within a workplace, with respect to a
claim which such persons may assert against the employer of such persons,
23) The terms “remove” or “removal” means  the cleanup or removal of released hazardous
substances from the environment, such actions as may be necessary taken in the event of the threat
of release of hazardous substances into the environment, such actions as may be necessary to
monitor, assess, and evaluate the release or threat of release of hazardous substances, the
disposal of removed material, or the taking of such other actions as may be necessary to prevent,
minimize, or mitigate damage to the public health or welfare or to the environment, which may
otherwise result from a release or threat of release. The term includes, in addition, without being
limited to, security fencing or other measures to limit access, provision of alternative water supplies,
temporary evacuation and housing of threatened individuals not otherwise provided for, action taken
under section 9604 (b) of this title, and any emergency assistance which may be provided under the
Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.]
(29) The terms “disposal”, “hazardous waste”, and “treatment” shall have the meaning provided in
section 1004 of the Solid Waste Disposal Act [42 U.S.C. 6903].
(33) The term “pollutant or contaminant” shall include, but not be limited to, any element, substance,
compound, or mixture, including disease-causing agents, which after release into the environment
and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the
environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to
cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions
(including malfunctions in reproduction) or physical deformations, in such organisms or their
HAZARDOUS WASTE (The regulation was never finished)
Appendix VI to Part 261 [Reserved for Etiologic Agents] (disease causing agents)
§ 261.11 Criteria for listing hazardous waste.
Substances will be listed on appendix VIII only if they have been shown in scientific
studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other
(sample - organics not sampled)
The EPA "scientists" failed to address 116 of the priority toxic pollutants and claim the 10 hazardous
substances (toxic pollutants originally addressed in part 503) and their compounds are safe at the
ceiling levels allowed in sludge, when used as a fertilizer. In any other case, the 10 pollutants are
Arsenic (NIOSH CC 4025000) by inhalation or ingestion-carcinogen-mutagenic data.
Cadmium (NIOSH EU 9800000) by inhalation and other routes-carcinogen-mutagenic data.
Chromium (NIOSH GB 4200005) by inhalation and other routes-carcinogen-mutagenic data.
Copper (NIOSH GL 5325000) by ingestion and other routes-carcinogen-mutagenic data.
Lead (NIOSH OF 7525000) by ingestion and other routes-carcinogen-mutagenic data.
Mercury (NIOSH OV 4550000) by inhalation and other routes-carcinogen-mutagenic data.
Molybdenum (NIOSH QA 4680000) by inhalation, ingestion and other routes.
Nickel (NIOSH QR 5950000) by inhalation, ingestion and other routes-carcinogen-mutagenic data.
Selenium (NIOSH US 7700000) by inhalation and other unknown routes-carcinogen (causes blind
staggers in cattle).
Zinc (NIOSH ZG 8600000) by ingestion and other routes-carcinogen.
Appendix IX to Part 261—Wastes Excluded Under §§260.20 and 260.22
Table 1_Wastes Excluded From Non-Specific Sources
Facility Address Waste description
Aluminum Company 750 Norcold Ave., Wastewater treatment plant (WWTP)
of America. Sidney, Ohio sludges generated from the
45365. chemical conversion coating of
aluminum (EPA Hazardous Waste No.
F019) and WWTP sludges generated
from electroplating operations
(EPA Hazardous Waste No. F006)
and stored in an on-site
landfill. This is an exclusion
for approximately 16,772 cubic
yards of landfilled WWTP filter
cake. This exclusion applies only
if the waste filter cake remains
in place or, if excavated, is
disposed of in a Subtitle D
landfill which is permitted,
licensed, or registered by a
state to manage industrial solid
waste. This exclusion was
published on April 6, 1999.
1. The constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): Arsenic_5; Barium_100;
Methylene Chloride_0.5; Bis(2-
e-CFR Data is current as of July 18, 2005