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Biosolids: Regulation and Policy, Julie Nahrgang
1. Water Environment Association of Texas
When Biosolids Hit the
Fan of Public Perception
TWCA
October 13, 2016
Julie Nahrgang
WEAT/TACWA
2. Water Environment Association of Texas
The Reality of Biosolids Land
Application
Biosolids are the nutrient rich residuals when
treated wastewater is separated from solids. It is
a valuable, safe, highly regulated, and sought
after resource that benefits farmers and the
environment by building better soils and
improving water retention.
6. Water Environment Association of Texas
โข Donโt Sludge Bastrop
โข Sludge = Toxic Waste
โข โHazardous Toxic sewage sludgeโ
โข Sludge = Poison
โข โI know what my next move will be and I WILL bring as much media and legislation hurt as I
can to the TCEQ on this.โ
โข โMost of you are part of the problem. When will you be part of the solution? - Bob
Crockett
โข โI am very disappointed in how this is being handled and how the unsuspecting residents
are being subjected to your Contractors sloppy handling of a product that is so
controversial and disgusting.โ - CM
โข โPut your sewage on Ellis County and I will make sure you and Ft Worth know where I am
from.โ โ Bob Crockett
Misconceptions , Conspiracy Theories,
and Threats: An Examination of Language
7. Water Environment Association of Texas
Confusing the Issues
โข Victoria Permit โ Grit and Grease
experimental use authorization blending grit
and grease. WQ0004666000
โข Domestic Septage โ Administrative process to
register, not a permitting process
8. Water Environment Association of Texas
Cast of Characters
Lord Harrington
Residents Rebuff Royal Felonโs Feces
By Matt Smith/msmith@trcle.com
Jul 2, 2016
9. Water Environment Association of Texas
Cast of Characters (continued)
โข Bob Crockett โ A Native Texan
โข Sam Bowie - Citizens trying to protect Citizens
โข Dr Honour
10. Water Environment Association of Texas
Uptick in Requests for Public Meetings
and Hearings:
The Summertime Sludge Panic of 2016
11. Water Environment Association of Texas
The Summertime Sludge Panic of 2016
Withdrawn Permit Applications
WQ0005197000 Denali Water Solutions LLC (Class B Land Application)
Wallace Farm in Bastrop County
Application withdrawn on 7/13/16
17 Hearing Requests
55 Public Meeting Requests
122 Protestants
WQ0005199000 Denali Water Solutions LLC (Class B Land Application)
Banks Ranch in Fayette County
Application withdrawn on 6/17/16
88 Hearing Requests
11 Public Meeting Requests
68 Protestants
WQ0005191000 Denali Water Solutions LLC (Class B Land Application)
Fluharty Farms in Milam County
Application withdrawn on 3/25/16
1 Hearing Request
3 Public Meeting Requests
16 Protestants
12. Water Environment Association of Texas
The Summertime Sludge Panic of 2016
(continued)
Current Protested Applications:
WQ0004666000 Beneficial Land Management LLC (Class B Land Application)
Arenosa Creek Ranch in Victoria County
7 Hearing Requests
3 Public Meeting Requests
Public Meeting Held on 1/21/16
Contested Case Hearing (Preliminary) Scheduled 9/27/16
186 Protestants
WQ0005189000 Sprint Waste Services (Sewage Sludge Dewatering Unit)
West Bellfort Processing Facility in Fort Bend County
148 Hearing Requests
97 Public Meeting Requests
296 Protestants
13. Water Environment Association of Texas
Current Protested Applications:
WQ0005190000 Synagro of Texas-CDR, Inc. (Class B Land Application)
J1 Ranch in Henderson County
1 Hearing Request
1 Public Meeting Request
1 Protestant
711018 Reitz Environmental Services LLC (Domestic Septage Land Application)
Johnson County
Public Meeting Held 7/19/16
36 Protestants
711020 Harrington Environmental Services LLC (Domestic Septage Land Application)
Johnson County
Public Meeting Held 6/30/16
78 Protestants
The Summertime Sludge Panic of 2016
(continued)
14. Water Environment Association of Texas
Previous Legislative Action
84th Legislative Session
BILLS DID NOT PASS OUT OF HOUSE ENVIRONMENTAL REGS
COMMITTEE
HB 2248 Relating to the land application of sewage sludge in
certain counties. Wray, John
HB 2460 seeks to give counties in the North Texas area the
ability to regulate land application of biosolids. Wray, John
15. Water Environment Association of Texas
83rd Legislative Session
HB 3255 Relating to the sale of soil products by a political
subdivision. Kacal,
HB 2996: Relating to the regulation by the TCEQ of the
land application of Class B sludge. King, Tracy
HB 2997: Relating to the regulation by the TCEQ of the
land application of Class B sludge. King, Tracy
Previous Legislative Action (continued)
16. Water Environment Association of Texas
Improving Public Perception/Developing
Public Trust: What Can We Do? (WERF Steps)
โข Cultural shift โ takes time
โข Education needed
โ resource, not waste
โข Engage the Media
โข Hard work to build trust
โข Honesty and openness, a must
โข Start early
โข Listen to stakeholders
โข Continue to work on communications and
relationships
17. Water Environment Association of Texas
Improving Public Perception/Developing Public
Trust: What Can We Do? (WERF Steps)
โข Pay attention to risk communication
โข Emphasize benefits
โข Build trust with fairness and high quality of
information
โข Adopt inclusive decision-making processes
โข Build long-term relationships
โข Commitment for public outreach, dialogue and
participation
18. Water Environment Association of Texas
Messaging to Build Trust
Who carries the message?
โข Scientists and Researchers
โข Farmers and Agricultural groups
โข Local Community groups
โข Utilities
โข Federal and state regulatory agencies
19. Water Environment Association of Texas
Other Resources
Northwest Biosolids
- Biosolids: Understanding the Risk
Whatโs the Risk? Putting the Risk of Biosolids into
Perspective
- Study done by Loop, King County,
University of Washington, and Kenndy/Jenks
22. Water Environment Association of Texas
Questions or Comments
Julie Nahrgang
Water Environment Association of Texas (WEAT)
Texas Association of Clean Water Agencies (TACWA)
512.693.0060
julie@weat.org
Hinweis der Redaktion
Good morning everyone. Iโm excited to talk to you all a little bit about biosolids. And believe me, this story has it all. A colorful cast of characters, mystery, deception, death threats, and the Texas legislature.
Biosolids are appealing to farmers and ranchers and can offer some benefits over commercially available fertilizers.
They are nutrient rich. They contain organic matter important for improving or maintaining good soil structure.
They are very tested and extensively studied throughout the years โ and, as we know, they have to go somewhere. In short, biosolids land application treats and changes a waste product into a valuable resource. The practice is progressive, promotes good environmental stewardship, and is in line with the trend towards resource recovery.
This is how some of the public perceives biosolids. It represents a recent wave of the anti biosolids movement that has been stirring for about 2-3 years.
And here are a few more images taken from some anti land application sites and a FB page.
This homegrown opposition in separate parts of the state are coordinating efforts. You can see this in cut and paste language in the comments portion of some of anti-biosolids webpages. Iโd also like to note that the TCEQ has received a number of calls for Public Hearings, which donโt exist. There are public meetings and contested case hearings, yet a large number of those calling in are requesting something that doesnโt exist. This leads us to believe the same talking points are being distributed to these different groups across the state.
The language used to describe biosolids is steeped with misunderstanding and leans heavily on the yuck factor, not on science. Words like toxic and hazardous are used as modifiers to describe biosolids.
Some communities are calling biosolids poison and pathogen filled and strong NIMBY movements are coalescing around this issue throughout Texas. Two to three years ago some of the loudest voices were also those that were so far beyond the pale, many doubted they would be taken seriously. But, through concerted effort and organizing other neighbors, some in Waxahachie in Ellis County were able to make a case that a Freshman lawmaker, Rep Wray thought was worth sponsoring bills to limit land application. This small but vocal group was also successful in petitioning for rulewriting. So, despite the size of the anti movement, they have proven the ability to create change and convince lawmakers to sponsor legislation that is regressive and flies in the face of resource recovery.
Distrust is fueled by odors
The permit holder was taking sludge from Inez and mixing grit and grease on the backend without further treatment and both land applying and selling it to composters.
It would seem that part of the public perception issue is the confusing or conflation of a problematic permit as well as land application of domestic septage with land applied Class A, AB, and B biosolids.
Thereโs no contested case hearing for a permit. So arguably, the practice to go through an administrative process to register land for domestic septage provides for less public recourse.
Lord Harrington is notoriously eccentric and lives in a castle-like house outside of Cleburne and apparently believes himself to be an English lord. Heโs also co-owner of Harrington Environmental Services, which hauls and land applies domestic septage.
These names, and many others, are pen names used by the same person in the Ellis County area. It seems he fashions himself as a Texas freedom fighter. Itโs safe to say this issue for him is very personal and emotional.
With the backdrop of mounting public opposition and coordination between a number of North Texas, Central Texas, and Coastal area groups, 3 permit requests had already been withdrawn by mid July. Just for comparison, only two permit applications were withdrawn from 2013-2015.
2016 also gave us what seems to be unprecedented interest in biosolids by elected officials, which leads us to believe there will be proposed anit-biosolids legislation.
Victoria Co:
Representative Geanie Morrison โ Provided both a written comment against land application of grit/grease and requested a public meeting. She also provided oral comments at the public meeting and testified against the permit at a Commisionersโ agenda meeting.
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Senator Lois W. Kolkhorst โ Provided a letter against land application of grit/grease, and letter read as oral comment at the public meeting by Ross Giesinger, on behalf of Senator Kolkhorst.
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Representative Allan B. Ritter โ Provided a written comment against land application of grit/grease.
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Representative Andrew S. Murr โ Provided a written comment in support of City of La Coste and PDIโs operation.
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Judge Ben Zeller, Victoria County Judge โ Provided oral comments at the public meeting, regarding history of past legislative actions related to land application of grit/grease.
would force utilities to landfill a valuable, safe, highly regulated, and sought-after resource and treat it as a waste;
would put biosolids regulating authority in a body without the experience and background to do so;
would create a patchwork of local regulations on an issue already highly regulated and recently addressed by the TCEQ;
would deny farmers the use of an important resource for improving moisture retention in soils, which is increasing important during periods of prolonged drought;
would force utilities to abandon project upgrades designed to meet the revised requirements for Class A biosolids as adopted by the TCEQ in sept 2014; and
would increase the cost to a number of utilities at the ratepayersโ expense.
This bill sought to limit the sale of Class A products like Dillo dirt to areas outside of the municipality, county, or subdivision โ essentially a prohibition on the sale of Class A biosolids HB 3255 was introduced but never had a committee hearing
HB's 2996 and 2997 relating to regulation by the Texas Commission on Environmental Quality of the land application of Class B sludge, would change the regulatory requirement for a permit to a registration for land application of Class B biosolids. The bills are identical except that HB 2996 inlcudes biosolids processed with grease trap and grit waste in the definition of Class B sludge.
These bullets are a compilation of WERFโs steps to developing
There are a few issues at hand here, thereโs a public trust issue and a public perception versus reality issue.
City of Austin made great inroads in gaining the publics trust of Dillo dirt through ongoing efforts to educate the media on the topic, educate parks and recreation department, work with stakeholders, listen to concerns, providing useful information, and continued monitoring of public perception and public relationships.
public trust.
So, now that weโve looked at how to build trust, we need to think about what trusted sources can help carry the message. This information is pulled from an ongoing effort by WEF to develop a biosolids messaging plan. It is still in its early stages, but when competed and rolled out should provide some valuable information on how best to message the benefits of biosolids.
Risk assessment where risk is a function of toxicity and exposure
The Northwest Biosolids brochure is a short, two-page flyer graphically showing risk level via exposure to biosolids.
The King Co and Loop study looked at Risk Assessment and the Northwest Biosolids study sought to communicate risk assessment in terms of exposure. The Loop study dove a bit deeper into Class A and Class B exposure scenarios in the context of an adult gardner, child at play, industry worker, and adult hiker
Toxicity โ degree to which a substance can damage an organism ๏
Exposure โ duration and manner in which the organism is in contact with the substance ๏
Risk โ function of toxicity and exposure