European Union The EC encourages the use of sewage sludge in agriculture because it conserves organic matter and completes
nutrient cycles. European countries that joined the EU after 2004 favor landfills as a means of disposal for sewage sludge. In 2006, the predicted sewage sludge growth rate was 10 million tons of sewage sludge per year. This increase in the amount of sewage sludge accumulation in the EU can be due to the increase in the number of households that are connected to the sewage system. The EU has directives in place to encourage the use of sewage sludge in agriculture, in a way that the soil, humans, and the environment are not harmed. A guideline the EU has put into place is that sewage sludge should not be added to fruit and vegetable crops that are in season. Sweden no longer allows sewage sludge to be disposed in the land fills. These rules include sludge treatment requirements, as well as limits on the time and place of sewage sludge applications, depending on the type of food crop. This is intended to protect human health while maintaining the ecological health of the soil and water. The directive explicitly regulates the allowable levels of seven heavy metals (cadmium, copper, nickel, lead, zinc, mercury, and chromium) in soil and sludge, and regulates any application of sewage sludge that would cause levels of these heavy metals in soil to exceed those limits. Member states are allowed to set more stringent limits for heavy metals than set out in the Sewage Sludge Directive, and can set limits for other pollutants. Spain, France, Italy, and the United Kingdom (while it was still part of the EU) have particularly promoted the use of sludge in agriculture. For example, Tyrol has banned the use of sludge on agricultural lands, while in Salzburg it is only allowed under certain conditions. The Sewage Sludge Directive has been evaluated several times under EU proposals to build a circular economy through the reduction and reuse of wastes. In 2014, a European Commission evaluation of the Sewage Sludge Directive suggested it was appropriate for its goals, and did not need revision. This evaluation noted that, as of 2023, the original Directive had not been seriously updated since its original passage in 1986, even though in the intervening decades there had been many developments in both environmental policy, expectations, and research, as well as member states' national policies around sewage sludge. With the identification of these new contaminants in sludge since the Sewage Sludge Directive originally passed, several researchers have suggested that the EU should consider revising the Directive to address their potential risks to health and environment.
United States After the 1991 Congressional ban on
ocean dumping, the
U.S. Environmental Protection Agency (EPA) instituted a policy of digested sludge reuse on agricultural land. The US EPA promulgated regulations – 40 CFR Part 503 – that continued to allow the use of biosolids on land as fertilizers and soil amendments which had been previously allowed under Part 257. The EPA promoted biosolids recycling throughout the 1990s. The EPA's Part 503 regulations were developed with input from university, EPA, and
USDA researchers from around the country and involved an extensive review of the scientific literature and the largest risk assessment the agency had conducted to that time. The Part 503 regulations became effective in 1993. According to the EPA, biosolids that meet treatment and pollutant content criteria of Part 503.13 "can be safely recycled and applied as fertilizer to sustainably improve and maintain productive soils and stimulate plant growth." However, they can not be disposed of in a sludge only landfill under Part 503.23 because of high chromium levels and boundary restrictions. Under the Obama Administration, the Biosolids Center of Excellence (headquartered in EPA Region 7) was created to monitor and enforce compliance with biosolids regulation. The Center receives and reviews annual reports from the major producers of biosolids. Both classes of sludge may still contain
radioactive or
pharmaceutical wastes. Class A sludge must be treated so that specific pathogens (like
Salmonella) are no longer detected. This class of sludge can be used for all land applications, including where the public may come into contact with it (i.e. agricultural land, home use, for public sale). Class B sludge also requires treatment to reduce pathogens, but pathogens are still detectable in the sludge (such as some
parasitic worm eggs).
Evaluation of the U.S. sewage sludge program The EPA
Office of the Inspector General (OIG) completed two assessments in 2000 and 2002 of the EPA sewage sludge program. The follow-up report in 2002 documented that "the EPA cannot assure the public that current land application practices are protective of human health and the environment." The report also documented that there had been an almost 100% reduction in EPA enforcement resources since the earlier assessment. This is probably the greatest issue with the practice: under both the federal program operated by the EPA and those of the several states, there is limited inspection and oversight by agencies charged with regulating these practices. To some degree, this lack of oversight is a function of the perceived (by the regulatory agencies) benign nature of the practice. However, a greater underlying issue is funding. Few states and the US EPA have the discretionary funds necessary to establish and implement a full enforcement program for biosolids. As detailed in the 1995
Plain English Guide to the Part 503 Risk Assessment, the EPA's most comprehensive risk assessment was completed for biosolids.
Court cases in the United States • In 2009, James Rosendall of Grand Rapids, MI was sentenced by United States District Judge Avern Cohn to 11 months in prison followed by three years of supervised release for conspiring to commit
bribery. Rosendall was the former president of Synagro of Michigan, a subsidiary of
Synagro Technologies. His duties included obtaining the approval of the City of Detroit to process and dispose of the city's wastewater. • In 2011, Travis County Commissioners declared that Synagro's solid waste disposal activities would be inappropriate and prohibited land use according to the towns already established ordinances. • A battle between the
home rule of local government and states rights/commerce rights has been waged between the small town of Kern County, California, and Los Angeles, California. Kern county passed an ordinance "Keep Kern Clean" ballot initiative which banned sludge from being applied in Kern County. Los Angeles sued and after a protracted verdict, won the case in 2016. • In 2012, two families won a $225,000 tort lawsuit against a sludge company that contaminated their properties. • In 2013 in Pennsylvania, the case
Gilbert vs. Synagro, a judge barred a nuisance, negligence and trespass lawsuit under Pennsylvania's
Right to Farm Act. == History of sewage sludge disposal in New York City ==