The Choice: dump sludge as a fertilizer or put it in a highly permitted landfill.
"When the sewage sludge is not used to condition the soil or to fertilize crops or 
vegetation grown on land, the sewage sludge is not being land applied. It is being 
disposed on the land. In that case, the requirements in the subpart on surface 
disposal in the final part 503 regulation must be met." (FR. 58, p. 9330 - 40 CFR 257 
et al.1)
      
      When EPA came out with its part 503 open sludge dumping sludge policy which 
was based on perceived exclusions in the environmental laws, was self-permitting 
and only included management practices -- a county could have easily have 
banned sludge use. However, once state solid waste statutes were revised to 
comply with part 503, EPA's open dumping policy became state law. Virginia shows 
us how this works.
      
      In 1999, AMELIA COUNTY, VA. "An Ordinance Banning the Placement of Biosolids 
on Any Land in the County."  When adopting this ordinance, the Board of 
Supervisors, exercising its police powers, concluded that "the spreading, 
placement or disposal of human waste sludge or industrial sludge on land in 
Amelia County . . . constitute[s] a nuisance and further . . . constitute[s] a hazard to 
the health, safety and general welfare of the inhabitants of said county and . . . 
constitute[s] a danger of pollution of the waters of the county."
      
      Virginia Court Opinions
                        OPINION BY JUSTICE LEROY R. HASSELL, SR.
                             Record No. 000277   January 12, 2001
REUBEN L. BLANTON, ET AL. v.  AMELIA COUNTY, ET AL.
FROM THE CIRCUIT COURT OF AMELIA COUNTY
Thomas V. Warren, Judge
I     In this appeal, we consider whether ordinances enacted by a county's board of 
supervisors contravene Code  1-13.17, which prohibits the enactment of 
ordinances that are inconsistent with the laws of this Commonwealth.
It is true, as the County asserts, that we held in Dail that the provisions of a 
challenged ordinance were not invalid because that ordinance purportedly 
conflicted with the "best management practices promulgated by the State Forester" 
which
did not have "the force and effect of law."  Id. at 585, 528 S.E.2d at 451.  Unlike 
the State Forester's best management practices that we considered in Dail, the 
provisions of Code  32.1-164.5, as well as the Biosolids Use Regulations,
constitute enforceable laws of this Commonwealth.
The General Assembly has also directed that the State Board of Health, with the 
assistance of the Departments of Environmental Quality and Conservation and 
Recreation, promulgate the requirements and procedures for the issuance
and amendment of permits.  Code  32.1-164.5(C) also enumerates, among other 
things, certain requirements and conditions which must be contained in the 
regulations that govern the land application of biosolids in this Commonwealth.  
The County's ordinances are inconsistent with Code  32.1-164.5 and the 
Biosolids Use Regulations because the ordinances forbid certain plaintiffs from 
using biosolids on their farmland even though those plaintiffs have obtained 
licenses to use biosolids pursuant to the statutory and regulatory scheme 
established by the General Assembly.
For the reasons stated above, we will enter a declaration that the County's 
ordinances, enacted pursuant to the County's police power and zoning power, are 
void and unenforceable because both ordinances are inconsistent with Code 32.1-
164.5 and the Biosolids Use Regulations promulgated pursuant to that statute.  
We will also reverse the judgment of the circuit court and enter a final judgment on 
behalf of the plaintiffs.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=va&vol=1000277&invol=1
       
      MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, 
ARIZONA SPECIAL MEETING - MAY 20, 2003
Mr. Oliveira read a sentence of Kings County’s ordinance “There is scientific 
evidence demonstrating the clear potential for adverse impacts; therefore, the 
continuation of this practice will unreasonably and unnecessarily jeopardize the 
public health, safety, welfare, and environment of Kings County.”
Mr. Oliveira stated that another disparity was lack of information, he heard one of the 
reasons Kings County passed the ordinance was because they are highly urbanized; 
however, Kings County has more farmland per capita than any other county in the 
State of California. He stated that Del Monte’s policy in California is they will not grow 
any produce on any ground that has ever had bio sludge of any type. He stated that 
Kings County did not ban sludge, they banned the use of Class B and Class A, and 
they allow EQ. (p.7)
http://216.239.57.104/search?q=cache:PMVvGrJSq3cJ:www.co.mohave.az.
us/1moweb/meetingcalendar/calendars/2003%2520calendar/BOS%
2520Minutes/May/05-20-03bosmin.
pdf+MOHAVE+COUNTY+BOARD+OF+SUPERVISORS,+sludge&hl=en&ie=UTF-8
       
      According to a Nevada Newspaper Mohave (County), Arizona did ban sludge use.
      
      Nevada -- April 2, 2004
SEN. REID CREDITED WITH STOPPING AMARGOSA VALLEY SHIPMENTS
Reid, a member of the Senate Committee on Environment and Public Works, 
contacted U.S. Environmental Protection Agency Administrator Mike Leavitt, 
expressing strong concerns over the application of the municipal sewage sludge.
"The application of sludge has given rise to nuisance pests and health concerns 
among my constituents. The same sludge product was banned from Mohave 
(County), Arizona due to health problems and concerns," Reid wrote, in a letter 
dated Feb. 6. He mentioned a Cornell Waste Management Institute study that 
identified more than 35 sites where neighbors in Mohave County, Ariz., reported 
illnesses.
Reid gave Leavitt a list of questions about application of bio-solids including 
protection from airborne pathogens, water runoff and infiltration, a lack of information 
about pollutants in bio-solids and regulations protecting workers and neighbors from 
flies and pets attracted to the sludge.
http://www.pahrumpvalleytimes.com/2004/04/02/news/sludge.html
       
      Apparently, 20 Arizona counties banning sludge was creating a problem for the state.
      
      On March 31, 2004, the EPA Region 9 approved ADEQ's Biosolids/Sewage Sludge 
Management program for implementation in Arizona, except in Indian Country. As of 
March 31, 2004, ADEQ serves as the sewage sludge program and enforcement 
authority in Arizona. The EPA maintains an oversight role.
      
      While it seems that Arizona has never had an EPA approved solid waste 
management plan under 40 CFR 256, it quickly changed its solid waste rules to more 
closely correspond to 40 CFR 503. (EPA removed Chromium because it had no 
legitimate risk studies it wanted to present in court)
Arizona does restrict the ceiling concentration of Chromium .@. 3000.0 ppm for 
sludge as a fertilizer. R18-9-1005. Pollutant Concentrations Table 1.
Yet, in a surface disposal site 503 subpart C, only Chromium..@  600 ppm is allowed.
(Table 1 of § 503.23)
0 to less than 25 meters from the surface disposal property line only  200 ppm of 
chromium is allowed.(Table 2)
Apparently, the Governor and Attorney General didn't read that part before they sent 
letters to EPA.
http://azdeq.gov/environ/water/permits/download/brules.pdf
       
      Letter from the Governor
Program description for biosolids/sewage sludge management
The Department expanded the rules to more closely
correspond to 40 CFR 503, Subpart B; to incorporate by reference 40 CFR 503, 
Subpart C (A.A.C.
R18-9-A905(A)(9)); and to prohibit the incineration of biosolids in the State of 
Arizona.
Department staff has been operating a biosolids management program for disposal 
by land application since 1984 and created rules for land application of biosolids in 
1996.
Attorney General's statement regarding authorities for Biosolids/sewage sludge 
management  
The owner or operator of the surface disposal site and the preparer of sludge for 
diposal in a surface disposal site must ensure that the 40 CFR 503, Subpart C 
requirements are met and also apply for and obtain an APP for the site. If the owner 
or operator of the surface disposal site or the preparer of sewage sludge for disposal 
in a surface disposal site criminally violates the treatment requirements in 
R18-9-l002(E)(1), the violator would be subject to penalties under A.R.S. 49- 263.02. 
Additionally, if a surface disposal activity (including both disposal and preparation for 
disposal) violated any applicable biosolids requirements of 40 CFR 503 Subpart C 
included in an APP permit, the permittee would be subject to the criminal penalty 
provisions of A.R.S. § 49-263. Because the Department commits to including the 
requirements of 40 CFR 503, Subpart C in APPs for individuals involved with surface 
disposal activity, the potential penalties associated with these provisions match the 
federal levels.
G. Subsection F of this section does not prevent the director from taking an
appropriate enforcement action to address the release of a hazardous substance,
pollutant or contaminant or the violation of a permit condition before or as an
element of an approved remedial or response action, settlement agreement or 
consent decree. (p.14)
MOA regarding the Biosolids/Sewage Sludge Management Program
Statutory authority at A.R.S. 49-255 et seq.  and the rules at A.A.C. R18-9-1001 et 
seq. (effective Jan. 5, 2003) for the Biosolids/Sewage Sludge Management Program 
(p.12)