About half of the 7 million tons of sewage sludge produced annually in the United States is applied to agricultural lands. Using sewage sludge — the semi-solid residue of waste water treatment — as fertilizer is an economical disposal option and provides the benefit of recycling the nutrients that organic matter sludge contains.

However, sewage sludge also contains some nasty stuff — contaminants and pathogens from the homes, industries and businesses that use the sewer system. And if that weren’t bad enough, sewage sludge smells. Consequently, using it on agricultural lands, turf or in mine reclamation can generate very strong citizen concern.

Although the combination of federal and state regulatory requirements is significant in forming the initial base for sewage sludge management decisions, local regulations also play an increasing part in seeking to protect the health, safety and welfare of citizens.

Local ordinances vary widely in the issues and the level of detail they address. Some are short laws that may simply ban certain practices. Others are lengthy and can address human health risks, risks to animal health (both livestock and wild animals), water and soil quality, nuisance issues such as odor, liability, monitoring and enforcement.

The local law may impose restrictions on the type, amount, quality or source of sludge. Some specify management practices, notification requirements, and additional monitoring beyond that required by federal or state rules.

As a result of concern over the inability of state and federal agencies to provide consistent enforcement of rules due to staffing shortages, local ordinances frequently supply enforcement provisions, which at a minimum would allow local enforcement of state requirements. Local ordinances may also include fees to cover municipal costs.

More detailed discussion of the legal issues, including a review of pertinent case law, is available in a recent publication. The publication also provides examples drawn from existing local ordinances that show how local governments have addressed specific local concerns such as odors or ground water protection.

This information is available in an article by Ellen Z. Harrison and Malaika M. Eaton published in the Natural Resources Journal (V. 41, No. 1, p. 79–123). By permission, the article is also posted on the Cornell Waste Management Institute Web site, where there is also a wealth of other information about sewage sludge (see www.cfe.cornell.edu/wmi and go to the sludge section). A copy of the article may also be obtained from the Cornell Waste Management Institute, Center for the Environment, 100 Rice Hall, Ithaca, NY 14853, (607) 255-1187.

(Ellen Z. Harrison is director of the Cornell Waste Management Institute and responsible for technical assistance, educational and applied research programs in municipal waste management.)