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The Sludge Capital Rural Land, Lack of Money Made DeSoto County A Dumping Ground
8/19/2003 Herald Tribune

DeSoto County is home to about 32,000 people, a population incapable of generating between 3 million and 5 million gallons of sewage sludge.

Yet that's how much of the gunky waste is dumped in DeSoto per month, according to Assistant County Administrator Jean Fisher. About 70 loads a day are spread on 16,000 acres of ranchland, cropland and orange groves.

The sludge is a byproduct of waste-water treatment plants in Southwest Florida, as well as from Key West, Miami and elsewhere in the state, according to the state Department of Environmental Protection. The DEP estimates that DeSoto receives 15 percent to 20 percent of all sludge used on agricultural lands in Florida.

How does a rural, sparsely populated county become the state's sludge capital?

DeSoto has what waste-disposal companies need: a lot of agricultural land, and landowners willing to accept sludge. (About 55 percent of the nation's sludge is dumped on farmland.)

Another factor contributes to DeSoto's dubious status: The county has a narrow tax base; as a result, DeSoto cannot afford an endless bill for legal fees, and in 2002 corporate lawyers buzzed around DeSoto like flies on a fresh pile of sludge.s dubious status: The county has a narrow tax base; as a result, DeSoto cannot afford an endless bill for legal fees, and in 2002 corporate lawyers buzzed around DeSoto like flies on a fresh pile of sludge.

First, Azurix North America sued when the DeSoto County Commission banned the spreading of Class B sludge, which gets a low grade of treatment. A federal judge ruled the ban illegal.

Then, the County Commission found itself in a legal battle with American Water Works -- a company that bought Azurix and which in 2002 reported earnings of $1 billion. At issue were the commission's restrictions on where sludge could be dumped. Negotiations continue.

If the creek rises

Last Tuesday, the commissioners passed two ordinances that regulate the transportation and land-application of sewage sludge. The ordinances are steps in the right direction, but they are too weak to ensure adequate protection of people and wildlife.

For example, the new ordinances would not have made enough difference June 23 when flooding occurred along Horse Creek, a Peace River tributary. Water reached 11 homes in Hidden Acres in DeSoto County, including a home Molly Bowen occupies with her four children and her mother. Bowen told us she could smell the distinctive, pungent odor of sewage sludge as floodwaters entered her home.

Under the new ordinances, sludge cannot be put within 1,500 feet of the center of Horse Creek. Tania Bond, whose home was also flooded, says Horse Creek was 2,000 to 3,000 feet beyond its bank. Those conditions show why, at a minimum, no sludge should be allowed within floodplains designated by the Federal Emergency Management Agency.

Last year, after a series of stories on sludge by Herald-Tribune reporter Scott Carroll, the Editorial Board advocated a ban on the use of Class B sludge on all farmland. We now believe Class A sludge poses enough of a threat to warrant additional safeguards.

DeSoto residents wouldn't be in this mess if the U.S. Environmental Protection Agency had conservative, science-based standards for sludge that were supported by adequate state and federal enforcement. Instead, the EPA has a cozy relationship with the sludge industry and promotes the use of sludge as fertilizer.

Health complaints

In 2001, DeSoto residents found the EPA unwilling to thoroughly investigate their complaints that sludge dumped in the county was making them sick. Earthjustice, a national advocacy group, is now representing 17 DeSoto residents in a lawsuit against ranchers and disposal companies.

Dr. David Lewis, formerly a microbiologist at the EPA's research laboratory in Athens, Ga., took seriously the residents' complaints about chronic diarrhea, nausea, skin rashes, ear infections and rotovirus. He spoke at a March 8, 2002, public meeting in DeSoto and said residents have valid concerns about their health. Unfortunately, that was the extent of the EPA's response and Lewis was later dismissed from his job.

The EPA's assignment of a low priority to sludge, coupled with a lack of attention to health complaints, are among the reasons that the public agency is viewed as complicit with the private industry.

Twenty days after Lewis spoke in DeSoto, an attorney for Synagro Technologies Inc., a large sludge-disposal company, wrote to the general counsel of the Association of Metropolitan Sewerage Agencies. He requested the association's help to get Lewis to stop speaking out against sewage sludge. The executive director of the association also complained to the EPA concerning an article Lewis wrote about sludge.

Did EPA administrators and the waste- water industry circle their wagons after Lewis spoke in DeSoto? No. For years, they've been riding in the same sludge- fueled wagon.

This is the fourth editorial in the "Waste Land" series, which began on Sunday.