Land Application of Biosolids: Limitations on DEP's authority to impose conditions

Posted on July 10, 2009 by Chip Haws

The Environmental Hearing Board ("EHB") in the case of Douglass Township v. DEP and Synagro (April 2009), determined that the Department did not abuse its discretion in rejecting the Township's request to revise its approval for the land application of biosolids by limiting such land application only to exceptional quality sludge, requiring the applicator to provide advance notice to the Township prior to any land application, providing copies to the Township of any reports to be submitted to the Department and to provide the Township access to the site during any application activity.  The Board determined that the DEP was limited in its ability to impose only such conditions as "are necessary to protect public health and the environment from the adverse effects of pollutants in sewage sludge".  The Board determined that DEP engaged in sufficient consultation and cooperation with the Township prior to issuing its approval of the biosolids application to Synagro. 

 

 

 

 

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