COURTS SAY SLUDGE USE OR DISPOSAL IS A LOCAL DETERMINATION
Updated 10-24-2012

"Attorney Chris Nidel on federal laws granting local control of sewage sludge biosolids:  
http://www.nidellaw.com/blog/?p=17   "

" REVERSE PREEMPTION WHEN LOCAL BY-LAWS BANNING THE LAND APPLICATION OF SEWAGE SLUDGE
SUPERSEDE STATE LAWS TO THE CONTRARY "





Attorney James Slaughter, CWA Sec. 405(e), known as the "savings clause," expressly reserves the matter
of disposal or use of sludge to local determination, stressing that U.S. Environmental Protection Agency
(EPA) regulations do not preclude or deny a state or locality the ability to adopt more stringent standards
or requirements.



DR.ALAN RUBIN WROTE THE FEDERAL SLUDGE LAWS AUTHORIZING COMMUNITIES  AROUND THE COUNTRY
TO ENACT  LOCAL SLUDGE BIOSOLIDS RULES MORE STRINGENT THAN FEDERAL SLUDGE RULES

                                                                                            Word Doc

                                                                                                                                            Works word

                                                                                                                                            PDF document


Local Control -- Dillon
States cannot take away powers specifically granted to localities by federal law.   And 'Dillon's Rule"
specifically recognizes that it is subordinate to powers granted to localities in express words by federal law.

Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices 17379
ENVIRONMENTAL PROTECTION AGENCY [FRL –7478–7]
Standards for the Use or Disposal of Sewage Sludge; Agency Response to the National Research Council Report on
Biosolids Applied to Land and the Results of EPA’s Review of Existing Sewage Sludge Regulations
The terms ‘‘sewage sludge’’ and ‘‘biosolids’’ are used interchangeably in this
notice.

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
Click here for More information

October 2008, Vernon County, Wisconsin, well written, protective local control sludge ordinance . .
THIS ORDINANCE SHOULD BE USED AS A MODEL BY ANY COMMUNITY SEEKING TO CONTROL THE
LANDSPREADING OF MUNICIPAL SEWAGE SLUDGE "BIOSOLIDS" within their borders . . . . . .


September  2008 – Rick Stevens, US EPA sewage sludge “regulator and technical expert” acknowledges
that federal law authorizes localities to enact sludge rules more stringent than EPA Part 503 regulations:
Click here



WASTE INDUSTRY AND U. S. ENVIRONMENTAL PROTECTION AGENCY, et al,  ACKNOWLEDGE THAT SLUDGE
USE OR DISPOSAL IS A LOCAL DETERMINATION (I have documents cited below) . . .
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NEW HAMPSHIRE SUPREME COURT - CITING FEDERAL CLEAN WATER ACT - NO PREEMPTION - UPHOLDS
LOCAL CONTROL OVER SLUDGE SPREADING - TOWN CAN BAN CLASS B       12/3/2004
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The Supremacy Clause – federal law takes precedence over state law   REVERSE PREEMPTION – SINCE THE
CONGRESS AND  FEDERAL LAW CLEARLY SAY SLUDGE USE OR DISPOSAL IS A LOCAL OPTION, federal law
trumps state law.
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Press Release
Sent: Friday, July 11, 2008 8:08 PM
Subject: PENNSYLVANIA - STANDING UP FOR LOCAL CONTROL - Dozens of
Communities Adopt Resolutions Defending Local Self-Government       Communities are standing up to
sludge bullies in the waste industry and state and federal government who are forcing this
toxic/pathogenic waste from urban and industrial sources on unwilling Rural Communities.
Click here for more information