By MEREDITH SAVITT,
JOHN McINTYRE &
MICHAEL HALLISEY
DELMAR—The Bethlehem Town Board is considering an amendment to the town code that would prohibit the application of biosolids within town limits as part of ongoing efforts to safeguard drinking water.
The proposed ban was discussed at the Tuesday, Feb. 27 board meeting, with Town Board member Tom Schnurr drafting the amendment. If finalized in time, the board expects to hold a public hearing on Tuesday, March 26, before voting on the ban at its Tuesday, April 9, meeting.
The amendment would prohibit the application or spread of biosolids, paper mill sludge, and other potential pollutants identified in further discussions. The legislative declaration of the amendment states that the ban is necessary to prevent “an unacceptable risk of contaminating groundwater, agricultural land, and our natural environment” due to potential exposure to perfluoroalkyl and poly-fluoroalkyl substances and other related chemicals found in biosolids.
Biosolids are defined as solid organic matter recovered from sewage treatment or related processes, including sludge from industrial wastewater treatment plants, septage, or sewage wastewater. However, the restriction would not apply to compost, leaf material, or food waste, unless they are mixed with biosolids.
Schnurr said he looked to similar bans enacted in Maine and consulted materials from national advocacy groups while drafting the amendment. He expressed no concern over potential legal challenges.
“The town has a right to control the application of potential pollutants in the town,” he said.
The proposal follows concerns over possible biosolid contamination at Vly Creek Reservoir, which supplies drinking water to Bethlehem and New Scotland town residents. A New Scotland farmer applied the sludge as fertilizer to a field about two-thirds of a mile from the reservoir last spring. Following complaints from neighboring residents about their well water, the Albany County Department of Health conducted tests and later found coliform and E. coli contamination in the water.
After learning of the situation on Wednesday, Feb. 14, Bethlehem officials ordered additional water testing to determine whether contamination had moved toward the reservoir. Town Supervisor David VanLuven noted that the county did not inform Bethlehem officials about the well contamination or biosolid application at the time.
The test results are expected within four to six weeks. Although the county has assured the town that no evidence suggests biosolids have affected Bethlehem’s drinking water, VanLuven said the town is conducting additional testing as a precaution.
Following the discussion, the board agreed to move forward with a townwide agricultural use ban on biosolids.
“We all agree that we should ban biosolids,” Town Board member David DeCancio said. Board discussions focused on how to define the materials to be prohibited.
Town Board member Maureen Cunningham suggested the ban should not be limited to PFAS chemicals, as that would exclude potential contamination from pharmaceutical products, cadmium, heavy metals, and other “emerging contaminants.”
“At the rate we’re regulating chemicals, chemical companies are producing new ones at a much, much, much faster rate,” Cunningham said. “I would say make it more generic.”
Under the proposed amendment, violations of the biosolid ban could result in a fine of up to $500 per offense, up to 30 days in jail, or both. Additionally, the town could seek injunctive relief, impose a civil fine between $1,000 and $25,000 per violation, and require violators to cover any remediation costs.
“If you are going to pollute, you should have to clean it up,” Schnurr said.
The amendment would take effect upon filing with the New York State Secretary of State.
Alongside the proposed ban, the town is working to enhance water quality protections. Officials are evaluating additional treatment technologies and developing a Source Water Protection Plan in partnership with the New York State Department of Health. The plan aims to prevent contaminants from entering the water supply in the first place, VanLuven said.
VanLuven is also advocating for similar biosolid bans in New Scotland and Albany County, arguing that regional efforts are necessary to protect Bethlehem’s drinking water. The town continues to work with New Scotland officials to determine whether contaminants from the farm field have migrated toward the reservoir.
When asked whether Bethlehem might consider banning residential chemical pesticide use, Schnurr responded, “All options are on the table to protect our drinking water.”
