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NYS DEC finds insufficient evidence to conduct biosolid investigation
BY MEREDITH SAVITT, MICHAEL HALLISEY and JOHN McINTYRE
ALBANY—State and county officials continue to point to each other when it comes to determining the safety of the Town of Bethlehem’s drinking water. Though the Albany County Department of Health deemed the water safe to drink, questions concerning the potential impact of biosolids contamination in wells near the town’s reservoir remain unanswered.
Nearly one month after Bethlehem officials first learned that biosolids had been used on a farm field in New Scotland, approximately two-thirds of a mile from its Vly Creek Reservoir, neither the state nor the county appears to have conducted further investigation.
The only apparent action taken has been the introduction of a local law by the County Legislature aimed at improving communication between health administrative services and municipal leaders when soil or drinking water contaminants pose a public health threat. Although the county was aware of the contamination while also investigating a late-season algae bloom in the reservoir, it did not notify Bethlehem officials.
Concerns about well water contamination in New Scotland were originally reported last October by the county health department to the state Department of Environmental Conservation. In an October 17, 2024, letter, the county DOH informed DEC that it had received a complaint the previous June from a New Scotland resident. The resident claimed that his well water turned brown and carried a foul odor that matched that coming from the compost spread across the farmland across the street from his home.
Lab tests arranged by the county later revealed Escherichia coli and total coliform in the well water. Additional tests on neighboring wells confirmed a total of 10 contaminated wells, which the county health department identified as the result of a Class A biosolid product applied on that farmland.
In response to a written question from Spotlight News, the county’s environmental health director, Maxwell Ferris, said the county DOH did not test the New Scotland farm field for PFOAs. Instead, Ferris stated that DEC is responsible for regulating biosolids, not the county DOH. He said the product used by the farmer was a Class A biosolid, approved for use by DEC’s central office.
The state DEC is tasked with enforcing regulations of biosolids applications. Biosolids are nutrient-rich organic materials derived from the treatment of sewage sludge. They are the byproduct of wastewater treatment processes and are often used as fertilizer to improve soil health and promote plant growth.
According to DEC, it reviewed the county DOH report and determined “there is insufficient evidence to indicate [a] violation of DEC regulations.”
When asked by Spotlight News whether any investigation had been conducted into the contents of the biosolids, DEC responded that its “Division of Materials Management has not investigated the contents of Class A biosolids spread in Albany County.”
The DEC approves Class A products at the manufacturer level after it is assured pathogens such as E. coli are no longer detected. Class B products are not processed, and are more likely to contain pathogens, but is a permitted use on agricultural and land application sites with specific management practices. Those permits can be issued to either the transporter or landowner.
The geology surrounding the reservoir contributes to the caves that draw spelunkers to explore them. Over time, water carves away the limestone, leaving karst. According to geologists, karst is a type of landscape formed when water dissolves certain types of rock, like limestone, creating caves, sinkholes, and underground drainage systems.
These areas are prone to sudden ground collapses and can quickly channel water, making them vulnerable to pollution. When the state Department of Health was asked about possible prior contamination near the reservoir, specifically concerning the spreading of biosolids over limestone rock formations beneath farm fields, the agency deferred the question back to the DEC.
A DEC spokesperson said the agency is “not aware” of any permitted biosolid-spreading activities in New Scotland. He further confirmed that no permits have been issued for the land application of Class B biosolids in Albany County.
“And there remains insufficient evidence that any such applications are occurring in the county,” the spokesman stated in an e-mail.
When asked whether it has investigated or plans to investigate the contents of those biosolids, DEC reiterated its prior comment and said it had no further comment.
Last month, Bethlehem officials asked the DEC for more information, specifically what was in the biosolids, how long the biosolids had been spread, whether they were still being spread at the location, the biosolids’ point of origin, and any test results for biosolids imported to the site.
DEC responded the same way to each question:
“The DEC has no record of a permitted or registered Part 360 biosolids land application facility in Albany County.”
Last week, Bethlehem released the results of its most recent tests on raw water at Vly Creek Reservoir and its two New Scotland wells that feed its water system. Five per- and polyfluoroalkyl chemicals – or PFOA’s – were detected in the water, four in well #2 and one in the reservoir. The chemicals were not detected in the water tests in 2023 and only one in August, according to records.
Our questions to the DEC focused on whether the farmer had applied a non-compliant Class A product or if a Class B product had been used without a permit, either of which could warrant further investigation. We were told that there was “insufficient evidence.” As of now, there is no clear evidence linking the forever chemicals detected in the reservoir to the contamination found in the 10 private wells.
All of the detected levels were below maximum allowed levels established by the Environmental Protection Agency and state health department.
This is the seventh of a multi-part series after a three-month Spotlight News investigation into drinking water contamination in the area.
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