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Hopkins Sewage Proposal Dropped
Firm's plan to bury sludge met with public resistance

By James Bruggers
jbruggers@courier-journal.com
The Courier-Journal

Blaming "environmental hysteria in the media," the company that wanted to truck 500 tons a day of Nashville's sewage sludge to Hopkins County in Western Kentucky has withdrawn its proposal for the project.

In an April 5 letter to Kentucky regulators made public yesterday, BioReclamation LLC manager Charles W. Martin said the company feared that the Kentucky Environmental and Public Protection Cabinet was going to "proactively scrutinize" the proposal in ways that exceed state requirements.

Martin declined to elaborate in a telephone interview. State officials also would not comment.

But late last month, after word of the proposal leaked out of Frankfort and created an outcry in Hopkins County, state officials said they would solicit public comment if their review determined the plan had merit. That review was never completed, said Chuck Wolfe, cabinet spokesman.

At issue was a proposal to bury partially treated sludge for up to 120 days in unlined trenches. There, bacteria that do not need oxygen would have digested unwanted pathogens. The material then would have been used to help reclaim damaged strip-mine sites.

Public officials and residents in Hopkins County were celebrating yesterday, while also saying that they expect their Fiscal Court to proceed with an ordinance that could prevent similar proposals from catching them unaware.

Many had expressed concern about the large volume of sludge headed for Hopkins County, and feared that its treatment in the unlined trenches would taint groundwater, produce strong odors and attract swarms of flies.

"I don't think there's anyone in the state of Kentucky who would have wanted this coming to their homes," said Patricia Hawkins, Hopkins County judge-executive. "You can probably feel my smile through the telephone. I'm delighted with this news."

She predicted that Fiscal Court will adopt an ordinance in May that "gives us some kind of leverage and control if we are hit again with another attempt like this."

Louisville environmental attorney Tom FitzGerald, director of the Kentucky Resources Council, had challenged the permit application in two letters to the state and has been helping Hopkins County draft its ordinance.

"To suggest the outcry was preordained by a hysterical public is inaccurate," he said yesterday. "Whenever you propose to bring 500 tons a day of active sewage sludge into a community with no public hearing, no notice to local government and no opportunity for local input, what do you expect?"

The proposal has been the buzz of Hopkins County since The Courier-Journal first wrote about it March 19 and Western Kentucky news outlets picked up the story. Local officials had heard about the plan two days earlier from what county sanitation supervisor Broc Oglesby described as an anonymous tip.

"The public was so upset, and was doing some really good research," Oglesby said yesterday. "I truly feel the voice of the public was heard, and everyone acted accordingly."

Others reached yesterday afternoon agreed.

"How wonderful," Nortonville resident Mary Frances Miller said of news that the application had been withdrawn. Miller had predicted earlier that there would have been intense opposition in the region if the project had moved forward.

She said yesterday that she will continue to press for the local ordinance to control sludge disposal, and she expects that opponents will keep their "Say No to Sludge" bumper stickers and signs visible.

Robert Poole, a Nortonville mechanic who lives about a mile from the proposed treatment site, said he is elated that the application has been withdrawn but is wary of future efforts to revive it.

"I think they will rewrite it and submit it again," said Poole, who said he has mailed 100 protest letters to Gov. Ernie Fletcher and plans to send 80 more.

"I think someone in Frankfort told him that boat was not going to float," Poole said of Madisonville coal operator Don Bowles, on whose land the sludge treatment would have taken place.

Bowles did not return a call seeking comment.

One of the most controversial provisions of BioReclamation's proposal was the idea of treating the sludge for pathogens in unlined trenches.

Environmentalists and wastewater industry experts said that method could potentially pollute groundwater and produce potentially dangerous levels of methane gas and strong odors.

Louisville environmental engineer Sarah Lynn Cunningham, an expert in wastewater treatment, reviewed several laboratory monitoring reports of Nashville's sludge and said it appeared to be "clean enough for helping to stabilize strip-mined land" -- a practice she said she strongly supports if it's done right.

But she said that she was troubled by this proposal's lack of groundwater protection on the treatment site and that the proposed treatment process, called anaerobic digestion, would produce methane gas "very possibly at dangerous levels."

The proposal did not meet voluntary industry standards for best management practices and reflected poorly on legitimate programs for applying treated biosolids to land, said Gordon Garner, former head of the Metropolitan Sewer District.

Garner is active with the National Biosolids Partnership, an alliance of the Association of Metropolitan Sewerage Agencies, the Water Environment Federation and the U.S. Environmental Protection Agency.

The proposal's shortcomings are unfortunate, he said, because applying biosolids to strip-mined land is an "ideal match" by using waste to return life to ruined landscapes.

Five hundred tons of sludge would be about 20 truckloads, a spokesman for BFI, the company that handles the sludge for Nashville, said last month. That would be enough to pile up about 3 feet high on a regulation college basketball court each day.

Madisonville, the largest city in Hopkins County, produces a fraction of that -- about 5,500 tons per year.

The proposal for treating the sludge involved three well-connected men: Martin, a former deputy secretary of Kentucky's environmental cabinet; Greer Tidwell, a former EPA regional administrator; and Bowles, the owner of the Charolais Corp. mining company, who owns thousands of acres in Western Kentucky.

In an earlier interview, Bowles said the sludge is not toxic, that they would take steps to reduce odors, and that they would follow all environmental regulations.

Nashville wastewater treatment officials have distanced themselves from the controversy, saying that BFI is responsible for getting rid of what the city produces.

But both BFI and Nashville officials have acknowledged that Nashville's sludge has caused odor problems elsewhere. Several years ago, it was the subject of a lawsuit at a composting facility in Simpson County, Ky., where residents won small settlements. The sludge was diverted elsewhere.

Nashville is building new sewage treatment facilities so that, instead of sludge, it will produce dried pellets that it hopes can be used as fertilizer.