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Augusta, Maine – Industry interests are working with public sewer districts to distribute questionable information in advance of a legislative committee meeting on Monday to consider a proposal to put an end to the use of PFAS contaminated fertilizer.

Multiple sewer districts sent communications to legislators late Friday in opposition to LD 1911 and an amendment to it was discussed at the Environment and Natural Resources Committee on Monday the 31st.  These letters cite vague and ill-defined concerns about landfill capacity to accept the contaminated sludge, contrary to statements from state experts, as reason to continue its use as a fertilizer.

Tellingly, the communication from the Portland Water District makes clear the source of the information for this concern: Casella.[1]

Casella operates the Hawk Ridge composting facility, a significant beneficiary of the current loopholes that allow PFAS contaminated sludge to be composted and then distributed to farmers, landscapers, and even homeowners. State data from 2020 show 100% of the material composted at Hawk Ridge was sewer sludge, over 85% of which came from outside of Maine.  LD 1911 represents an existential threat to Casella’s facility.

Casella’s fearmongering on landfill capacity, however, conflicts with the facts as stated by expert staff from the Maine Department of Environmental Protection. During the legislative work session last Monday, Paula Clark, the Director of the Division of Materials Management at DEP stated: “I think the landfill capacity exists to accept it. I don’t think that it would cause the landfills to all of a sudden be depleted of capacity as a result of this.”[2]  

“It’s disappointing that our local officials appear to be doing Casella’s bidding by sending out vague and misleading information. It’s especially galling when it’s all in an attempt to avoid finally ending a policy that has so directly and clearly resulted in the contamination of Maine’s land and water and the destruction of family farms,” stated Patrick MacRoy, Deputy Director of Defend Our Health. “While we understand that there may be increased costs for some districts, and support efforts to utilize federal funds to assist in addressing the burden where they can, this is a small price to pay to avoid more situations like those faced by Fred and Laura Stone, or Adam Nordell & Johanna Davis whose farms were ruined.”

The Environment and Natural Resources Committee is scheduled to continue work on LD 1911 at 10AM on Monday via a virtual meeting viewable at https://www.youtube.com/watch?v=2mR5pXJOadM

[1] In a letter to at least one Portland area legislator, the district wrote that it already landfills its sludge but that, “Our current landfilling option, Casella, recently shared that the outcome of LD 1911 will likely affect their ability to deliver biosolids management services statewide to all of its customers. This uncertainly is alarming to say the least.”

[2] Recording available at https://youtu.be/njvABlrCiF0?t=20990 (Link should start at approximately 5:49:50 with Director Clark answering a question about the impact of discontinuing composting and land application on landfill capacity.)