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Email from Helen Shields re LOCAL CONTROL

September 26, 2003

Rufus Chaney is a long time proponent of land application of sewage sludge. He has frequently been a long winded, boring speaker at waste industry/sludge "regulator" dog and pony shows around the country -- whereat they show slides of beautiful green grass, make interminable speeches about how sludge is risk free, and then shut the meetings down and do not allow the public to ask questions, speak or rebut.
I have an extensive package of information on federal laws and guidelines indicating the EPA and Congress always intended that the use or disposal of sewage sludge be a local decision. However, in such states as Maine, Pennsylvania and Virginia -- localities have been "preempted" by state law from enacting local ordinances.
I have always believed this is totally contrary to federal law which says:
40 CFR Part 503.5 "(b) Nothing in this part precludes a state OR POLITICAL SUBDIVISION THEREOF or interstate agency from imposing requirements for the use or disposal of sewage sludge more stringent than the requirements in this part or from imposing additional requirements for the use or disposal of sewage sludge."
[A "political subdivision" of a state is a city, town, county and/or township.]
ALSO, the Clean Water Act - US CODE Title 33, Ch. 26, Subchapter IV, sect. 1345 clearly states: "The determination of the manner of disposal or use of sludge IS A LOCAL DETERMINATION."
There is nothing in 40 CFR Part 503 or the Clean Water Act which makes "local determination" conditional upon permission from the STATE . . . nor does it make "local determination" subject to recision by the State.
And now we have one of the dinosaurs of sludge confirming what we have been saying right along -- the EPA and Congress always intended that SLUDGE USE AND ENFORCEMENT BE SUBJECT TO LOCAL CONTROL.
I AM SENDING COPIES OF THIS EMAIL TO ALL OUR FOLKS IN MAINE, PENNSYLVANIA AND VIRGINIA WHO ARE SUFFERING UNDER PRESENT POLICIES WHEREBY THE SLUDGE BULLIES -- AIDED BY STATE "REGULATORS" -- FORCE this TOXIC/PATHOGENIC WASTE FROM URBAN AND INDUSTRIAL SOURCES ON UNWILLING RURAL COMMUNITIES.

BLO fecit 20031026