In recent years, much debate and controversy has emerged over the practice of land application of sewage sludge. The practice was first instituted in the early 1992’s- when researchers found that ocean dumping of sludge was banned because it was destroying the marine environment. In exchange for getting it stopped, prominent environmental groups signed a consent decree agreeing not to hinder US EPA’s plan to promote land application. I was the Western Field Organizer for the Citizens Clearinghouse for Hazardous Waste (CCHW), which was one of few national environmental groups to oppose the practice. My experience with sewer sludge dates back further than I’d like to admit. In one instance we even had the EPA Regional Administrator for Region 9, Felicia Marcus, join us in her disgust of the process of land application at the Torres Martinez reservation near Thermal in 1994.

“Absolutely there is a problem here. Hearing about it was one thing, seeing it was convincing. I want the site to go away. It’s an insult. It should not be here under any stretch of the imagination.”

Seven years after the rule was promulgated, EPA’s Inspector General (IG) released a report on EPA’s oversight of land application of sewage sludge, concluding that:

“…while EPA promotes land application, EPA cannot assure the public that current land application practices are protective of human health and the environment”

At a hearing before the House Science Committee on March 22, 2000, Dr. Rosemarie Russo of EPA said, “EPA failed to conduct research in six areas vitally important to determining the public health risks associated with sludge.” Dr. Jim Smith, EPA pathogens expert, “conceded that the 503 sludge rule never was subjected to the rigorous risk assessment based on the harmful health effects which may arise from bacteria in the sludge.” Joseph Cocalis of the Centers for Disease Control was reported to have testified under oath that the “503 sludge rule is indefensible from a public health standpoint.” EPA director of the Ecological Research System said the 503 sludge rule is Not scientifically defensible --- people will die from the rule!

Despite these warnings and reports around the country of illnesses associated with land application of sludge we hear promotions from industry and government proclaiming the benefits of sludge. Biosolids improve soil, supplement or replace commercial fertilizer saving farmers money”. “Sludge offers a free, rich source of fertilizer for farmers. This is such a beneficial reuse, I wouldn’t want this material to go anywhere else,” proclaims Ross Patten, CEO for Synagro. In a perfect setting under perfect conditions – maybe – certain sludges could be beneficial. But in the real world, the actual practice of land application of sewer sludge creates an entirely different reality for those surviving their neighbor's activity.

To hear from residents living next to these fortunate farmers, one would wonder if we’re discussing the same topic.

“The smell is so wrenching it sends us running inside, slamming shut our doors and windows – trapping us inside our homes!”

“Their vile emissions have trespassed onto my property. They have violated me and violated the sanctity of my home.”

“These companies… continue to intrude unmercifully into resident’s lives by: despoiling their property, destroying property value, tearing up road surfaces not suited to heavy trucks, creating stench, drawing flies and disturbing peaceful residential areas with trucks coming and going all hours of the night.”

Two year old Taylor Hoppel came in from a half-hour of outside play last week, her face beet-red, and hacking almost uncontrollably. Taylor and her 4-year-old sister, Lyndsey, are not allowed to play outside anymore..”

“ There have been days when I could not go outside to my mailbox without gagging from the odor. The flies around my property have markedly increased.” Deborah Burns, Ohio.

Up to a mile away, it reeks and the smell of human waste clings to your nostrils and feels like it’s blocking out the air you need to breathe. You feel like it clings to your hair and clothes..” Do you know how violated it makes us feel?”

Where’s our rights here? We can’t even go out in the yard and let our kids play. We’re prisoners in our own house. It’s just wrong.”

To proclaim there is no connection between sludge dumping and health problems… as the New York Post writes,“…ignores the daily neighborhood stench that gives hundreds of children torrential nosebleeds, nausea, vomiting, stomach cramps and wheezing , as well as an asthma rate three times the city average. The stench is not fictional or psychosomatic. Neither are the symptoms, which affect the teachers, as well as the pupils.” It continues, “You do not need the Nobel Prize in science to suspect there is a connection between the sludge plants, the cesspool odors and the epidemic of respiratory ailments.”

But this is not a first time for this county. I’d like to give you some background on our county in order to put things into perspective. Riverside County has long been viewed as the dumping ground for neighboring counties like Los Angeles and Orange County. Over the years, as Los Angeles expanded, engulfing surrounding communities in its path- the rural, desert and unincorporated areas of Riverside County lost its reputation for rich agricultural land and became viewed as a mere wasteland of unused, open space. This vacant land was seen by urban planners as a “sink” - the perfect location for “remote disposal” of waste products like sewer sludge, toxic waste and garbage. Close enough to truck wastes, but far enough to avoid outcry of large numbers of urban residents, the motto from the cities became “Not in our backyard - put it ‘out there’”. The isolated, rural communities of working-class, poor and people of color - viewed as having limited power, long lists of problems and economic deprivation - are considered easy targets for the powerful urban political machinery of Los Angeles.

One of the first facilities to claim our land as a sink, was the Stringfellow Acid Pits. In 1955, the “Acid Pits” – now California’s worst toxic dump and most notorious Superfund site - was approved, permitted and promoted to be placed in the community of Glen Avon, over the objections of local residents. Riverside County viewed it as a quick money maker bringing “prosperity and economic growth” to the area. Instead it brought trucks, loaded with chemicals, stench, and illness and death to local residents. Industries’ desire to externalize costs through cheap disposal of its toxic waste, and government’s search for quick solutions, created the 17-acre open pit, liquid toxic chemical dump. The “remote” location hid the problems of toxic waste from the public’s view, making it easy for decision-makers to avoid dealing with the problem in a comprehensive manner.

Throughout our 22-year battle, local state and federal officials have assured us that it was safe. They falsely stated that the types of chemicals at the site were mostly harmless; that the levels we were exposed to would not harm us; that the risks to public health were “negligible”. After many years of confronting officials and the nation’s largest toxic tort suit, a $114 Million settlement was reached with Riverside County paying more than $10 million in damages.

Another proposal to make Riverside County the dumping ground for southern California is the Eagle Mountain Dump slated to bring garbage from Los Angeles to the heart of the desert for “remote disposal”. This dump would be the largest garbage dump in the world set in pristine desert canyons and nestled in the arms of Joshua Tree National Park. The area is the last remaining Class I Air shed in the continental United States. That twelve-year battle is currently in federal court. The attitude regarding Riverside County and desert communities is summed up in a conversation with a state official.

“I don’t know why you even care what goes on out there – there’s nothing but Indians and ignorant wetbacks.”

Riverside County, like most cash-strapped, local governments, has no money to properly monitor and control the applications. Just as EPA Inspector General reported, they “…cannot assure the public that current land application practices are protective of human health and the environment”, Riverside County can not assure residents that their regulatory mechanisms can assure their safety. County implementation relies entirely on self-regulation – relying on the sludgers to implement the process. The County approves the permit and then sits back and relies on the sludge applicator to ensure that conditions are met appropriately.

The safety of land application is based on a magnitude of imprecise assumptions. Perfect conditions are assumed. These include:

• that the sludge make up of each load is known and measured; not currently exceeding limits on heavy metals, chemicals, radiation, etc.; nor will those limits ever be exceeded.
• that the sludge is processed correctly – enough baking time to kill the majority of pathogens, and that we have identified all possible pathogens and know all the possible health implications.
• that the application is on the appropriate land – farm land away from human contact; with appropriate crops; away from watersheds to prevent groundwater contamination; away from water wells;
• that the manner in which its applied is correct – it’s tilled in within 24 hours, applied amounts are limited per field; that correct buffer areas are observed; that the wind is not blowing; that it’s adequately posted to prevent contact.
• that we understand and have recognized the impact of gases and their interactions from application.

I would submit that these perfect conditions rarely - if ever - occur. And that those that promulgate regulations based on this fairy tale approach are condemning thousands of families to a nightmarish existence. There is enough anecdotal, scientific information to stop the practice of land application of sewer sludge – especially Class B – as a precaution against further illness and death.

Riverside county is now undergoing a huge influx of new residents moving from the crowded urban areas, to the country with its promise of a rural lifestyle. That search for a rural lifestyle with its purported wide-open spaces and clean living, is bringing more and more people into contact with neighboring farmlands. The tension between residential areas and farming practices is no more apparent than with the sewer sludge issue.

Another point of contention with this clashing of farms and residential areas is the use of pesticides. Out of fifty-eight counties in the state, Riverside ranked sixth in people living in close proximity to heavy use of known and suspected air contaminant pesticides. Yet our county does not have a pesticide-monitoring program as required under the state’s Toxic Air Contaminant Program.

South Coast Air Quality Management District (SCAQMD) reports the Riverside area as having the worst small particulate pollution in the nation. Children in portions of Riverside have been found in a University of Southern California study to have the weakest lung capacity of all children in southern California. Ammonia from agricultural operations - mixing with increased automobile and truck emissions - is viewed as the primary source for the PM10 problem. Further investigations need to focus on the gases emanating from the sludge application in the fast growing (and therefore highly traffic-congested) areas.

Concerns raised regarding the current practice of land application of sewer sludge are centered on the following issues:

• Application near residential areas / Easy public access to sludged areas / and no adequate – if any - posting /Little -or no - buffer zones / Sludge applied to neighboring property
• Multiple applications / Un-tilled applications
• Applications in watersheds / Applications near and around water wells
• Gas emissions from sludge /Unknown content of sludge
• Applicators' known violations of permits and disregard for public well being

A review of the Biosolids Farming Application process in Riverside County by Camtec Environmental Consultants underscored concerns raised by residents.

A Review of the risk assessment of Biosolids called A Guide to the Biosolids Risk Assessments for the EPA Part 503 Rule.

 

“Our brief review showed that the methodology was focused on such pollutants as metals and arsenic; the analysis of the risk of pathogens was almost nonexistent.”

“ The regulation of pathogens in the final Part 503 rule is not based on risk assessment because methodologies had not been developed sufficiently to make such calculations. Instead the Part 503 pathogen operational standard, which is non-risk based, includes pathogen controls and monitoring requirements for all Biosolids.”

“For the purposed rule, EPA recommends extensive monitoring of pathogens using one of several different monitoring alternatives.”

This means that safety to the persons, animals, and habitat in Riverside County from exposure to pathogens from farm applications of Biosolids is entirely based on the monitoring (testing) of the materials at each stage of production and application.

1. At the wastewater plant – there are serious process safety problems at one of the plants;
   1. A high level of pathogen activity was found in the Biosolids product.
   2. It seems that the “recipe” for the heat-time-temperature-flow formula was either violated or not updated since certification.
   3. The control of the pathogen level in the product appears to be based on “inferential” rather than on direct measurement. The inference is from the heat-time-temperature-flow formula rather than from end-point testing. That is clearly out-of-date control methodology
   4. This consultant seriously doubts that a process risk assessment has been conducted at the plant in accordance with OSHA’s Rule for process hazard analysis.
2. Transportation – Trucks were observed exceeding the speed limit and with uncovered
cargo in windy conditions

3. Application design
   1. Buffer limits are not being adhered to
   2. Water runoff is a potential hazard to the local creeks and downstream water quality
4. Application – It was clear that piles of materials were left in the fields instead of being applied evenly to the ground.
5. Worker Safety – The representative from the company that applies the Biosolids to the fields indicated that the workers had no health problems. That may be so, but worker exposure to pollutants may not meet OSHA and NIOSH standards.
6. Inspection and monitoring – It appears that no testing for pathogens or other pollutants are conducted in the field, although County Inspectors may be looking for procedural violations.

Application near residential areas / Easy access for public and no adequate – if any – posting / Little or No buffer zones

Riverside county is undergoing a huge influx of new residents moving from the crowded urban areas, to the country with its promise of a rural lifestyle. That search for a rural lifestyle with its purported wide-open spaces and clean living, is bringing more and more people into contact with neighboring farmlands. The tension between residential areas and farming practices is no more apparent that with the sewer sludge issue.

Whether its fair to farmers that new neighbors now surround them - the reality is people are now living next to the farms. This mandates a new approach to farm practices. No longer can farmers simply spray pesticides at will or apply sludge without regard for the impacts they have on neighbors. Most literature acknowledges that sludge may impact those classified as “sensitive receptors” – elderly, children, those with compromised immune systems.

Riverside County, as an agriculturally based county, is a high user of pesticides. In 1995, it has been reported that between 10 million to 25 million pounds of Active Ingredient pesticides were applied with 25-40 pounds of Active Ingredient pesticides applied per harvested acre. Since farms applying sludge generally also use pesticides, (sludge can not be used by organic farmers) most neighbors have been exposed to these agents, thereby compromising their systems. Exposure to an added pollutant (sludge) poses a greater risk to them.

Information from recent hearings before the Board of Supervisors, reported that sludge is being applied on up to 15,000 acres of “farm land” in the southwest portion of the county. The sludge spreading trucks are supposed to stay 500 feet from adjoining properties, but residents like Doug Maupin, who lives on a 2.5 acres lot in Menifee, says sludge trucks splattered the foul-smelling black stuff some 50 feet onto his land. “My ceiling was black with flies. It was so disgusting. My son got welts, my wife got sick, my mother got nosebleeds and nausea,” he said.

Synagro was recently fined because fields where sludge had been applied were not adequately posted with signs warning people to stay out, according to the U.S. Environmental Protection Agency. In June, EPA ordered Synagro and the sewage-treatment plant to deter public access to the sludge. Yet in a November inspection of the fields, EPA found that children and dogs were walking in a buffer zone less than 50 feet from sludge-laden fields along Scott Road, a major thoroughfare for local residents. Synagro claimed the signs must have blown down although local residents said few signs ever existed. Synagro promised to boost the size of the signs to 3-foot by 2-foot posters, according to an article in the Press Enterprise newspaper. Upon inspection last week, we found signs measuring 5” x 8” with the heading “private property” – no obvious warning of sludge application.

Untilled applications / Multiple applications

Reports from local residents indicate that fields are applied with sludge multiple times. There appears to be no effort to farm the land but simply apply sludge. Under county ordinance, farmers are required to till under the sludge within 24 hours. But according to Riverside County Supervisor Bob Buster, information indicates this may not be happening – sludge is lying dormant. “So it is ending up on land that is designated as farmland even though it is not being farmed,” according to Buster.

A classic example of this practice to apply sludge to land not being farmed is the Johnson Ranch. Bought by the County of Riverside for endangered species habitat for around $100,000 per acre. The land was then leased to a local rancher for $1.00 an acre, and used to apply sludge. We have yet to find evidence that sewer sludge is beneficial to endangered species or beneficial for habitat preserve. One has to wonder if this is good public policy in enforcing habitat regulations.

Applications in watershed (Salt Creek) / Applications near and around water wells

Sludging in Riverside County seems to disregard the issue of watershed and groundwater contamination. Many of the areas where sludge is being vigorously applied are in the watershed of Salt Creek. This watershed feeds into a major source of groundwater for the area from Hemet, Winchester, Menifee, Canyon Lakes, Lake Elsinore. Local water sources are experiencing extreme high levels of bacteria. While regulations exist limiting the distance from water wells that sludge can be applied, we seem to ignore those provisions.

Gas emissions from sludge Unknown content of sludge – Class B sludge known to have pathogens

Sewer sludge may contain a wide variety of chemical and microbial agents that may be potentially harmful to humans. The risks posed by these contaminants depend on their concentrations, the duration and type of exposures to humans, and the susceptibilities of exposed individuals. Potentially harmful chemical agents include heavy metals, such as lead, mercury, and cadmium, organic chemicals, such as pesticides and solvents, and irritant gases, such as ammonia, trimethyl amine (TMA) and dimethyl disulfide. Potentially harmful microbiological agents include bacteria, such as Salmonella and E. coli, viruses, such as hepatitis B, and fungi, such as Candida albicans.

Individuals exposed to sewage sludge have reported signs of chemical irritation (e.g. severe headaches, skin lesions or rashes, burning in the eyes, nose, mouth, throat, and lungs) followed within days to months by signs of infection (e.g., fever, flu-like symptoms, and diarrhea).

According to EPA’s Dr. David Lewis, “…sufficient amounts of organic amines, such as trimethyl amine (TMA) can develop from microbial and chemical reactions that occur in sludge.”

“Exposure to sufficiently high concentrations of gaseous organic amines can cause severe irritation of the eyes and skin, and damage to mucus membranes leading to pulmonary edema (bleeding in the respiratory system). These toxic gases can also cause damage to the lungs, liver, and other internal organs. Initial symptoms include eye irritation, skin rashes, burning in the mouth, nose, or throat, generation of mucus, headaches, nausea, and vomiting. Such damaged tissues can serve as a port of entry for bacterial or viral pathogens, leading to flu-like infections, pneumonia, or bacteremia/septicaemia.”

“Nitrogen-based polymers added to sewage sludge during the dewatering process enhance the potential for Biosolids to generate large amounts of organic amines, formed by biodegradation. The amines are released in gaseous form when the alkalinity is raised somewhat above pH10, such as by adding lime.

“It appears that sufficient quantities of organic amines can be generated by sludge to cause clinical symptoms in individuals working with the material or living in areas where large amounts are applied.”

Symptoms associated with organic amine poisoning are occurring with some frequency among waste treatment plants workers.

This complex substance poses a significant neurotoxic threat to farmers, their workers, nearby residents, and possibly to the general population through the food supply.”

As early as 1988 (Yanko, Occurrence of Pathogens in Distribution and Marketing Municipal Sludges) public health risks from pathogens was noted . “ The relative public health risk associated with the beneficial use of sludge is directly related to the extent of public exposure --- risks increases if the sludge is used on food crops or public access areas. Perhaps the highest risk of ingesting pathogenic organisms are the very young children playing in yards and gardens that have been treated with sludge products.”

Applicators' known violations of permits and disregard for public well being

As we've seen, the primary protection to residents from sludge application lies in the implementation of regulations by the applicator. Neither the county nor EPA monitor, test, and assure that the quality of sludge being applied is “safe; that the land upon which it's applied is suitable; that the method by which it is applied is appropriate; that measures to protect the nearby residents are in place. The process is based on self-regulation.

This makes the reputation, past record of compliance and record of violations critical to maintaining the health and safety of the Riverside County residents.

Synagro is the primary applicator of sludge in Riverside County through its processing plant in Temescal Canyon. The company has a very contentious relationship with its neighbors and a long list of violations of its Conditional Use Permit. In its Annual Review letter from County of Riverside Department of Environmental Health, Director Gary Root, reviews compliance of the company with the conditions of approval. He cites 7 violations that result in a revision of the company’s permit. “Section 3.1 states, “Non-compliance shall be the basis for reduction in the term of the permit in three month increments:, thus the term of the permit is reduced by twenty one (21) months. "the date at which the permit shall now be null and void is January 1, 2002.” Synagro is suing the County of Riverside.

While the processing plant is not deemed land application, the sludge is weighed and handled by the Synagro operation in Temescal Canyon. Neighbors have complained for years about the odors, illness and interference with their quality of life. In desperation, the residents filed suit in small claims court since they couldn't afford fancy attorneys and high court costs. In February of this year, sludge victims prevailed in the case against the company winning $5,000 each for 37 individuals in small-claims court. True to its pattern, Synagro appealed the ruling forcing residents to hire an attorney and fight again in court.

In February, EPA found Synagro in violation of the federal Clean Water Act for applying sewage sludge containing illegally high levels of germs spread on farmland in Riverside County, much of it near housing developments. The sludge was applied to fields over a 16-month period. Not only did the sludge contain more contaminants than allowed, but the fields were not adequately posted with signs warning people to stay out.

Conclusion

It is clear; there is a rising volume of evidence--both scientific and anecdotal--to cause all of us to stop and take note. I commend you for reviewing this controversial topic and challenge you to explore deeply, keep an open mind, listen with your hearts, and act conscientiously.

Joanne Marshall, whose son, Shayne died from a mysterious infection she believes came from the sewage sludge dumped 100 yards from her home, suspects the Environmental Protection Agency made a mistake with its sludge program and doesn't know how to back away without admitting culpability.

"Sometimes people make mistakes and don't realize it until years later. Maybe at the time they thought it was all right and it wasn't going to hurt anybody."

This committee has the opportunity to correct that error. It's the least we can do for Shayne and other sludge victims, and it's the moral duty we have to the people of this country who are counting on you to protect them.

Thank you.

Related article: Orange County Register newpaper article on sludge