Wheatfield board amends law to ban application of biosolids

WHEATFIELD – The Town Board unanimously amended its biosolids law Monday to ban any application of sewage sludge and similar materials to any land in the town – even for those who already have permits from the state.

Town Attorney Robert J. O’Toole said that although the two-week-old law allows the continuation of “existing facilities,” the amendment makes clear that land application isn’t considered an existing facility.

“Any land application is not grandfathered,” O’Toole said. “There’s no application in Wheatfield, ever, for anything.”

The ban passed July 28 was interpreted as making an exception for existing Department of Environmental Conservation permits, such as those held by Milleville Brothers Farm.
Monday’s amendments to the town law also add a penalty section to the measure.

A first offense for illegal land application calls for a fine of $50 to $100 per acre, and the judge also would have the option to imprison the offender for up to 90 days.

For a second offense, the penalty is $100 to $200 per acre and possible jail time of up to 180 days. For a third offense, the punishment is $200 to $300 per acre and jail time of up to a year.

Illegal production or storage of biosolids, a provision from which Quasar’s plant is grandfathered, will cost $250 to $1,000 per violation, a year in jail, or both. Subsequent violations carry a $500 to $2,000 file and/or a year in jail.

The same penalty as illegal production or storage will apply if Quasar fails to provide copies of its correspondence or reports to the DEC within seven days of their issuance.
http://www.buffalonews.com/city-regi...olids-20140811