FEDERAL LAW SAYS SLUDGE USE OR DISPOSAL IS A LOCAL DETERMINATION
Federal Clean Water Act - “disposal or use of sludge is a LOCAL determination”
Title 33, Chapter 26, Subchapter IV, Sec. 1345 – Disposal or use of sewage sludge
(e) Manner of sludge disposal – The determination of the manner of disposal or use of sludge is a local
determination, except that it shall be unlawful for any person to dispose of sludge from a publicly owned
treatment works or any other treatment works treating domestic sewage for any use for which regulations
have been established pursuant to subsection (d) of this section, except in accordance with such
regulations.”
) FEDERAL REGISTER – PREAMBLE TO PART 503
FEDERAL REGISTER - VOLUME 58, No. 32 - Friday, February 19, 1993
PREAMBLE TO THE PART 503 SLUDGE RULES -- COMMENTS ON THE “LOCAL CONTROL” ISSUE:
Page 9251 - “Preserve a Local Community’s Choice of a Disposal Practice.
Although the Agency prefers local communities to use their sewage sludge for its beneficial properties
rather than simply disposing of it, EPA’s responsibility is to set standards for each practice that are
adequate to protect public health and the environment.
While the choice of a use or disposal practice is reserved to local communities by section 405(e) of the
CWA (Clean Water Act), protection of public health and the environment, where risks are significant, dictate
stringent pollutant limits.”
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Page 9261 - “Section 405(d)(5) also provides that nothing in the section is intended to waive more stringent
requirements in the CWA or any other law. This means that States AND LOCAL COMMUNITIES remain free
to impose more stringent requirements than those included in today’s rule.
In addition, as described later in the preamble, where EPA has established requirements applicable to
sewage sludge under other statutes, compliance with regulations established under those states also
constitutes compliance with part 503.
Section 405(e) was further amended to read as follows:
The determination of the manner of disposal for use of sludge is a LOCAL DETERMINATION, except
that it shall be unlawful for any person to dispose of sludge from a publicly owned treatment works or any
other treatment works treating domestic sewage for any use for which regulations have been established
pursuant to subsection (d) of this section, except in accordance with such regulations.”
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Page 9262 - State Requirements - The information on existing State requirements summarized below was
gathered as part of EPA’s effort in developing guidance for writing sewage sludge interim permits prior to
promulgation of the part 503 standards.
Under section 510 of the CWA, States, political subdivisions of States and interstate agencies retain the
authority to adopt or enforce more stringent standards than those provided in today’s part 503 regulations.”
(My note: “Political subdivisions” of States include cities, towns, counties and townships.)
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Page 9263 - “In one State, the development and enforcement of controls on all methods of sewage
sludge use and disposal are delegated entirely to local agencies, as is issuance of permits. In other
States, LOCAL AS WELL AS STATE CONTROLS are imposed on the use and disposal of sewage sludge.”
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Page 9325 - “Although EPA encourages the beneficial use of sewage sludge (e.g. through land
application), the selection of a sewage sludge use or disposal practice, whether land application or some
other use or disposal practice, IS A LOCAL DETERMINATION (e.g. the responsibility of the municipality
or authority responsible for the use or disposal of sewage sludge).
2 - 40 CFR Part 503 (federal sludge rules) Sec. 503.5(b) a political subdivision of a state may impose
requirements for use or disposal of sewage sludge more stringent than part 503 rule.
(“political subdivisions” of a state include cities, towns, counties, townships, etc.)
40 CFR Part 503.6 “(b) Selection of a use or disposal practice. This part does not require the selection of
a sewage sludge use or disposal practice. The determination of the manner in which sewage sludge is
used or disposed is a local determination.”
2(a) – 40CFR Part 501 -- State sludge management program regulations = local law can be more stringent
(i) Nothing in this part precludes a State or political subdivision
thereof, or interstate agency, from adopting or enforcing requirements
established by State or local law that are more stringent or more
extensive than those required in this part or in any other federal
statute or regulation.
3 - A PLAIN ENGLISH GUIDE TO THE EPA PART 503 BIOSOLIDS RULE:
http://www.epa.gov/owm/mtb/biosolids/503pe/ :
4 - Page 2 - LOCAL REGULATIONS may be more stringent than the Federal part 503 rule.
5 - Page 12 - Exclusions from Part 503 - Part 503 does NOT include requirements for the
selection of a biosolids use or disposal practice. The determination of the biosolids use or disposal practice is a
LOCAL DECISION.
6 - Page 23 - EPA says “if allowed under state law, municipalities also may regulate the use and disposal of
biosolids within their borders.”
[I disagree with EPA’s implication that states may preempt local authority - “if allowed” - The Clean
Water Act does NOT make “local determination” conditional upon permission from the State . . . nor does it
make “local determination” subject to approval, usurpation, preemption or recision by the State.}
[Part 503.5(b) of federal sludge rule provides that cities, towns, counties and townships may impose
requirements for use or disposal of sewage sludge more stringent than part 503 rule.)
- Federal Register - Preamble to Part 503 Sludge Rule --LOCAL COMMUNITIES
“REMAIN FREE TO IMPOSE MORE STRINGENT REQUIREMENTS”