Draft Warrant Article Banning Land Application of Sewage Sludge

Several folks have been working on an article that would ban land application on all lands in Williamstown of sewage sludge or sludge-derived products like compost due to the fact that this materials contains PFAS and other contaminants. Below is the draft language.

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ARTICLE XX To see if the Town of Williamstown will vote to amend Chapter 27, Environmental Hazards of the Code of the Town of Williamstown, by inserting:

§ 27 Article III Prohibition of the Land Application of Sewage and Sewage Sludge Derived Materials 

§ 27-14: Purpose

The purpose of this bylaw is to prohibit the land application of sewage sludge and sewage sludge–derived materials within the Town of Williamstown to protect public health and the environment.

§ 27-15: Definitions

BIOSOLIDS

“Biosolids” is an EPA regulatory term that refers to sewage sludge that has been treated, processed, stabilized, or otherwise prepared–to meet federal minimum standards for pathogens and certain metals–for land application as a soil amendment, fertilizer, mulch, or other use.

For the purposes of this bylaw, biosolids are a subset of sewage sludge, and shall be regulated as sewage sludge.

COMPOST

Compost is regulated under this bylaw only when it is derived from, blended with, or contains sewage sludge or biosolids, in which case it is considered a sewage sludge-derived material subject to all applicable provisions of this chapter. For the purposes of this bylaw, compost that does not contain sewage sludge, biosolids, or any sewage sludge-derived material is not regulated.

“PER- AND POLYFLOUROALKYL SUBSTANCES (PFAS)

Per- and polyfluoroalkyl substances (PFAS) means any member of the class of manufactured fluorinated chemicals containing at least one fully fluorinated carbon atom, including all precursor compounds, degradation products, branched and linear isomers, and any substances that may break down into such chemicals.

PERSON

Person means any individual, corporation, company, association, society, firm, partnership, joint stock company, trust, estate, municipality, authority, district, agency, or other governmental or legal entity.

SEWAGE SLUDGE OR SLUDGE

Sewage sludge or sludge means any solid, semi-solid, or liquid residue generated during the treatment of sewage or wastewater at a municipal, commercial, or industrial wastewater treatment facility, including material removed during primary, secondary, advanced, or any combination of treatment processes.

The term includes residues generated from sewage conveyed by pipes, trucks, or other means, and includes sludge originating from domestic, commercial, institutional, industrial, hospital, landfill leachate, or stormwater sources that enter the wastewater treatment system. The term does not include ash generated from the incineration of sludge, grit or screenings removed during preliminary treatment, or inert inorganic materials removed from septic or holding tanks.

SEWAGE SLUDGE DERIVED MATERIALS

Sewage sludge derived material means any product or material that is derived from, produced with, blended with, or contains sewage sludge or biosolids, including but not limited to fertilizer, compost, soil amendment, topsoil replacement, mulch, biochar, digestate, or sludge-derived fertilizers.

LAND APPLICATION

Land application means the spraying, spreading, injection, incorporation, placement, or disposal of sewage sludge, biosolids, or sewage sludge derived materials onto or into the land surface, below the surface, or into soil or fill material for agricultural, horticultural, landscaping, reclamation, construction, or any other purpose.

§ 27-16: REGULATIONS AND PROHIBITIONS

A. The land application of sewage sludge, biosolids, or sewage sludge-derived materials is prohibited on all lands within the Town of Williamstown. This prohibition includes the land application of any: compost, digestate, soil amendment, or other material that contains sewage sludge, biosolids, or sewage sludge-derived materials, regardless of labeling or processing method.

B. This prohibition applies to agricultural, commercial, institutional, municipal, and residential lands without exception for purposes of land application, and regardless of the identity of the person or entity applying such materials, whether currently operating or operating in the future, and regardless of the source of such materials, provided the land application occurs within the Town.

C. This section does not prohibit disposal of sewage sludge or sewage sludge-derived materials at a landfill or other similar facility that is fully permitted under federal and state law.

D. This bylaw shall not be construed to regulate the ownership, governance, treatment processes, or disposal decisions of any wastewater treatment facility.

§ 27-17: ENFORCEMENT

A. The Town of Williamstown shall have the authority to enforce the provisions of this act.

B. Enforcement may include inspections, investigations, issuance of violation notices,

administrative orders, and civil court actions.

C. The town of Williamstown may bring a civil action to enjoin actions that violate the requirements of this act. Violations may be enforced through non-criminal disposition pursuant to M.G.L. c. 40, § 21D. Each day a violation continues after written notice shall constitute a separate offense.

D. Any penalty collected pursuant to this section shall be remitted to the Town of Williamstown.

E. Penalties shall be:

(1) First offense: warning;

(2) Second offense: $100;

(3) Third offense: $300.

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The intent of this bylaw is to prohibit the land application of sewage sludge and sewage sludge–derived materials within the Town of Williamstown to protect public health and the environment. It does not attempt to regulate wastewater treatment operations or regional authorities themselves. 

Biosolids, also referred to as “sludge,” derived from wastewater treatment facilities typically contain contaminants including but not limited to per- and polyfluoroalkyl substances (PFAS), heavy metals, pharmaceutical drugs, microplastics, industrial chemicals, and other hazardous substances.

PFAS chemicals, commonly known as “forever chemicals,” persist in the environment, bioaccumulate in humans, livestock, wildlife, and plants, and remain in soils and water sources for extended periods. Exposure to PFAS has been linked to serious adverse health effects including cancer, immune system suppression, liver damage, reduced fertility and birth rates, and other health risks. Land application of sludge and sludge-derived products can contaminate soils, crops, livestock, groundwater, and surface waters, increasing exposure risks to humans and ecosystems.