• Biosolids contamination infiltrates eight private wells near Vly Creek Reservoir, forever chemicals detected in testing of raw water to filtration plant
• Bethlehem officials say they were not told of Albany County Health Department’s findings in October, just days before water quality complaints started
By JOHN McINTYRE, MEREDITH SAVITT & MICHAEL HALLISEY
ALBANY COUNTY—A foul-smelling algal bloom in Bethlehem’s Vly Creek Reservoir and E-coli contamination in private wells uphill in New Scotland have intensified scrutiny over biosolid fertilizers—treated sewage sludge used as farm fertilizer. While officials have not yet publicly connected the two events, recent water quality tests have already linked biosolid fertilizer use to the well contamination and suggest a risk to the reservoir, too.
This revelation comes just weeks after Albany County imposed a moratorium on biosolid fertilizers amid concerns over their environmental and health risks, including the presence of per- and poly-fluoroalkyl substances—commonly known as forever chemicals. The county did not and has not notified Bethlehem officials although one of the outbreaks was near the Vly Creek Reservoir.
County Executive Daniel McCoy announced a 90-day moratorium at a press conference in the town of New Scotland late last month on biosolid use in all agricultural practices within the county. He was flanked by Town Supervisor Doug LaGrange, County Legislative Chair Joanne Cunningham, and representatives from Environmental Advocates of NY, the New York League of Conservation Voters, the Sierra Club, and the county health department.
Biosolids are pitched as nutrient-rich organic material derived from the treatment of sewage sludge. They are a byproduct of wastewater treatment processes and are often used as fertilizer to improve soil health and promote plant growth.
The county’s decision cites concerns about potential health and environmental risks associated with its use, including exposure to pathogens, heavy metals, and microplastics.
The moratorium aims to protect public health, agriculture, and the environment while awaiting updated regulations from the Environmental Protection Agency and the New York State Department of Environmental Conservation. During this period, the county health department will conduct a study to inform future policy decisions.
“It exposes people to certain contaminants that have been linked to cancer, cell damage, low birth rates, liver and immune system damage, and unfortunately, the list goes on and on,” McCoy said. “We know that the State Department of Environmental Conservation is also looking into this, and we are awaiting a full risk assessment from the EPA and the state DEC. We expect updated regulations on biosolids related to land applications.”
New Scotland contamination
McCoy’s speech referenced drinking water three times, sharing that “a number of” locations use the controversial fertilizer, including in New Scotland.
Perched upon the Helderberg Escarpment is one farm suspected of using them last April. Shortly after, neighboring residents noticed a dramatic change in both the appearance and smell of their well water.
For local New Scotland residents like Dunham’s family and seven of their neighbors, the county’s concerns are not theoretical—they have experienced firsthand what they believe to be the contamination of their well water following an application on a neighboring farm.
Ryan Dunham and his wife, Laura Lamberton, have lived and raised four children in their 2,300-square-foot colonial for the past 20 years. Their five-acre lot is surrounded by hardwoods and evergreens instead of faceless neighbors. It’s rural living, defined by well water, a septic system, and a 20-minute drive to the nearest grocery store. Still, standing on this side of the Helderbergs lends itself to a spectacular view of where the Hudson and Mohawk valleys converge. At dusk, the Corning Tower twinkles like light bouncing off an engagement ring.
Across the street, cleared farmland provides an uninterrupted view of the setting sun. Each spring, the Dunhams expect the smell of fertilizer, usually cow manure. It comes and goes quickly, they said. But last April, they associated the odor with something “sour” and “rotting.” When the warm spring days arrived, they kept their windows shut. Ryan said the smell then seeped into their tap water before matters worsened.
“I was downstairs, and one of the kids [started] yelling,” Ryan said. He rushed upstairs to the bathroom, where his child was showering. He saw brown water cascading from the spout. “And it smelled terrible.”
Neighbors reported similar experiences, with some considering moving due to the persistent odor. Todd Gray, another resident, described the conditions as having “escalated beyond what we would call livable.”
Around the same time, residents observed large piles of material, approximately eight feet tall, in a nearby field. The piles emitted a strong, sour, and rotting smell, which many believed was different from typical manure applications.
“I couldn’t determine what it was,” Lamberton said. “It smelled like rot.”
Biosolids as fertilizer
Tom Gallagher, an agricultural specialist with Cornell Cooperative Extension, has spent decades working with farmers across upstate New York. Now, as concerns grow in Albany County, he is among those raising questions about regulatory oversight, potential contamination, and the true value as a fertilizer.
“Is it a good fertilizer? Well, not particularly,” Gallagher said. “It doesn’t have a lot of nutrients in there. It has almost no potash, so farmers still need additional fertilizers. It’s the other stuff that’s in it that they need to know about.”
The waste stream has been promoted as an alternative to traditional fertilizers. However, Gallagher emphasized that many farmers may not fully understand the risks.
“As one professor at Cornell put it, all these tests that they’re doing on biosolids now were all developed in 1988,” he said. “It’s old science. There are metals, pathogens, pharmaceuticals in this material that we don’t even test for.”
New York operates under a permit system, with Class B permits required for direct land application. Class A sources contain no detectable pathogens and can be used in residential areas, parks, and gardens. Class B products may contain small amounts of pathogens but are restricted to agricultural and land application sites with specific management practices. However, Gallagher said a lack of regulatory enforcement has only compounded the problem. While the state DEC has guidelines on where and how it can be applied, he pointed out that there is little oversight to ensure compliance.
“The sad thing is they have guidelines for land applying these biosolids, but nobody’s enforcing them,” he said. “The DEC just doesn’t have enough people, so the person who owns the land has to get a permit. But what about the actual applicator? Do they need a permit? A certificate? It’s not clear in any of the guidelines I’ve read.”
Gallagher recounted a past project in which he was asked to test sewage sludge before land application. One plant was found to have extremely high levels of cadmium—traced back to a battery manufacturing facility that had been dumping waste directly into the water treatment system.
“We couldn’t use it,” he said. “And since then, that battery plant is gone. But how many other industries are still doing the same thing?”
Local concerns
Recent events have heightened concerns, with reports of well contamination and a late-season algal bloom in the Vly Creek Reservoir. Gallagher recalled visiting one of the sites in New Scotland where large piles of biosolids had been dumped near residential wells.
“I went up to the site with the health department, and I told them, ‘This is not manure,’” he said. “You could see it, and it didn’t look anything like manure. But nobody took a sample of it before it was spread. If they did, I don’t know if they’d even know what to test for.”
Maine has already outlawed applications after discovering PFAS contamination in soil, livestock, and even milk. Gallagher suggested that New York may eventually have to follow suit, particularly as awareness of the risks grows.
“The game changer is going to be PFOA,” he predicted. “That’s going to be the thing that finally forces a shift.”
With the county enacting a temporary moratorium, Gallagher believes more research and stricter oversight are necessary before these materials can be applied safely. In the meantime, he urges caution.
“Farmers aren’t out to pollute their own land,” he said. “But if they don’t have all the facts, they might not realize what they’re putting into their soil.”
The issue has sparked legal battles between local governments and agricultural stakeholders. In the Finger Lakes Region, Steuben County has been at the forefront of banning its use. However, such bans have encountered resistance from the state and industry groups invoking “right to farm” laws, which protect farmers’ autonomy in land management decisions. Meanwhile, Albany County has opted for a more cautious approach, imposing a temporary moratorium while further research is conducted.
Legislators are increasingly attentive to the issue, prompted by heightened media coverage and growing scientific evidence. Environmental Advocates New York, along with other advocacy groups, continues to push for stronger regulations, increased transparency, and better education for farmers who may unknowingly be exposing their land to long-term contamination.
Claire Lynch, director of food, agriculture, and land use policy at Environmental Advocates New York, has been actively involved in addressing concerns. She stressed that while they were once promoted as a beneficial fertilizer, emerging research has revealed significant risks.
“Unfortunately, now we know that it is a contaminated waste stream, and so it’s not a safe option,” Lynch said. “Applying them directly to our farmland is not a solution to that challenge. It just creates additional challenges and puts our food and our farmland at risk.”
She pointed out that regulations were initially developed without knowledge of PFAS contamination, leaving gaps in oversight. She also noted that while New York’s Department of Environmental Conservation has implemented an interim policy limiting PFAS levels in the alternative fertilizer, the thresholds remain concerning.
Lynch explained that under current regulations, PFAS levels below 20 parts per billion are considered acceptable, while concentrations between 20 and 50 parts per billion require additional testing. Any amount exceeding 50 parts per billion is prohibited from direct application. However, she expressed concern that even the permitted levels remain relatively high.
She also highlighted how they are not only applied to farmland but are also processed into commercial fertilizers available in retail stores. Lynch questioned whether consumers are adequately informed about the origins of these products. She cited research conducted by the Sierra Club, which tested fertilizer products from major retailers like Home Depot and Agway and detected PFAS contamination.
Lynch stressed that her organization is not opposing farmers but is focused on protecting agricultural land and water resources from long-term contamination risks.
“This is not an environmentalist versus farmer subject,” she said. “Farmers were encouraged to use this for years, and now they’re left with the consequences. We want to work with them to find safer alternatives.”
Well contamination investigated and confirmed
After discovering the contamination, homeowner Dunham contacted the county health department, which referred him to the Capital Region Environmental Lab for water testing. Initial test results indicated contamination, prompting further testing by county officials.
“The health department told me there was so much contamination coming in that the UV system couldn’t even do its job, couldn’t even catch up,” Dunham said.
He contacted the state DEC last July to inquire about application permits for the material. The agency responded a month later, saying that tracking permits from out-of-state sources was difficult.
New York’s approach is further complicated by interstate waste streams, as sludge from neighboring states like Pennsylvania and New Jersey may also be applied to farmland. This cross-border dynamic makes regulatory oversight more challenging, as varying levels of contaminants are distributed across the region.
“There was nothing they could really do,” Dunham said. “They told me to call if it happened again.”
The county health department expanded its testing to a total of 10 neighboring homes. By September, testing results concluded that eight had wells contaminated with E. coli or coliform or both. The two wells that did not show contamination had chlorine treatment systems in the first holding tank to mitigate other water problems such as sulfur. Those treatment will also kill bacteria contamination.
In an October 17 letter identifying “Well Contamination from Biosolids Residual Spreading Activities” to the state DEC, the county recommended they all gain access to public water “if land spreading is not stopped.”
Dunham and his neighbors are uncertain about what will happen once the moratorium is lifted and what recourse, if any, they have. In the meantime, many have installed water filtration systems, including reverse osmosis, UV filtration, and softeners. Gray estimated that his family spent $6,000 on water treatment upgrades last year.
They live within a mile, and approximately 380 feet above, the valley in which the Vly Creek Reservoir sits while supplying drinking water to the towns of Bethlehem and New Scotland.
Officials not notified
Bethlehem Town Supervisor David VanLuven and Commissioner of Public Works Paul Penman said they were unaware of the specifics of the contamination until Friday when Spotlight News gave them a copy of the October 17 letter, despite New Scotland residents alerting the county health department as early as June.
“I did not know anything about it. This is news to me,” Penman said when asked whether he had been informed of the issue.
VanLuven noted that the New Scotland town supervisor had expressed general concerns about biosolid use in New Scotland to him, but specific details about where it was used were not provided. Town officials are now questioning whether the application contributed to well contamination and whether it could pose risks to the Vly Creek Reservoir.
Bethlehem officials recalled that, years ago, the town had detected E. coli in a local spring, raising concerns that runoff from farm fields was seeping through the bedrock and contaminating water sources. Even though houses were not connected to that well, it was decommissioned and the water system was extended to serve the residents in that area. Although Bethlehem’s water treatment system does neutralize bacteria with chlorination, it is not designed to remove forever chemicals.
“The system we have is designed to deal with coliform and E. coli, but we are not designed for PFOAs yet,” Penman said.
VanLuven now plans to review Bethlehem’s solid waste management law to determine whether there are loopholes that allow biosolids to be imported and spread within the town—particularly near private drinking wells.
Chemical detected in reservoir
Penman provided to Spotlight News on Friday raw testing data of PFAS and inorganic chemicals from testing conducted at Vly Creek Reservoir and the town’s two wells since 2014.
Penman stated that all regulated PFAS compounds have tested as non-detect in every sample collected. However, in 2022, Well No. 2 showed low levels of two unregulated PFAS compounds, with PFHxA detected at 2.0 parts per trillion (ppt) and PFPeA at 3.1 ppt. The detection limit for the tests was 1.9 ppt. When those tests were repeated in 2023 and 2024, the wells returned to non-detect, which pointed to a testing anomaly.
In August 2024, in the town’s most recent tests, another currently unregulated PFOA compound, perfluorobutanoic acid or PFBA, was found at 2.83 ppt, slightly above the detection limit of 1.85 ppt at the Vly Creek Reservoir treatment plant intake. Penman noted that these levels are extremely low, barely detectable, and not subject to regulation by the health department. This test took place within the timeframe, June through September, that the county was finding contamination in the private wells in the area. PFBA was not detected at the water plant intakes in the 2022 and 2023 test results.
PFBA is another type of per- and polyfluoroalkyl substance historically used in stain-resistant fabrics, food packaging, and industrial applications. Although it was phased out in 1998, PFBA remains persistent in the environment and has been detected in drinking water sources, groundwater, and rivers, particularly near industrial disposal sites.
Regarding inorganic chemical testing, Penman shared results dating back to 2014, with the most recent test conducted in August 2024 at the reservoir.
The results showed either no detects or levels well below regulatory limits, consistent with previous years. He explained that the wells were not sampled in 2024 because, as outlined in the town’s sampling schedule, the health department did not require it.
For context, the Minnesota Department of Health has set a guidance value of 7 parts per billion for PFBA in drinking water, meaning concentrations at or below this level are considered safe for human consumption. The EPA announced in April 2024 that the new standard for all PFOA and PFOS chemicals is 4 parts per trillion.
The recent PFBA detection in Bethlehem’s water system at 2.83 ppt is significantly lower than the Minnesota guidance level. While these detections are minimal, they remain notable given that PFAS compounds can accumulate over time in both the environment and the human body.
In response to recent concerns about water quality, Penman said the town plans to conduct a full round of sampling beginning this week at the reservoir and wells or as soon as they can coordinate with the lab.
The testing data, reviewed by Spotlight News, also included those for inorganic chemicals including heavy metals and nitrates. Results were all below maximum contamination level with most reporting as non-detectable and only trace amounts of others.
The water quality crisis is already costing the town over $1 million, with the final total likely exceeding $1.5 million. With the moratorium set to expire in May, town officials plan to push for stronger regulations to prevent further contamination.
“The whole point of source water protection is that if you keep it out of the water in the first place, then you don’t have to pay to take it out later,” said VanLuven.
This is the first of a multi-part series after a two-month Spotlight News investigation into drinking water contamination in the area. The next part will look into Town Board discussions last week.
