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Steuben County committee discusses biosolids as state moves to stricter testing and restrictions
Summary
At a special April 27 meeting, staff told the Steuben County Agriculture, Industry and Planning Committee that New York State is likely to impose testing and restrictions rather than an outright ban on biosolids spreading; local officials discussed legal limits, potential county costs, and next steps. A motion to table a proposed six-month local moratorium failed for lack of a second.
At a special meeting on April 27, the Steuben County Agriculture, Industry and Planning Committee heard county staff say the State appears poised to impose testing and restrictions — rather than an outright ban — on the spreading of biosolids. "The State will go with restricting and testing, but not an outright ban," Tim Rosell, a county staff member, told the committee, and he said new NYS DEC rules are expected "within the next month or two."
Committee members raised legal and practical concerns about local action. Legislator William Thew asked whether right-to-farm protections would limit local restrictions; Jack K. Wheeler, a county staff member, replied that "there is relevant case law of similar moratoriums that towns have filed" and said New York State Agriculture and Markets must determine whether a local law violates right-to-farm provisions. The exchange underscored legal uncertainty about whether Steuben County could enact enforceable bans if the State issues permits.
Committee member Kelly H. Fitzpatrick renewed a push for stronger local measures, saying, "we have already passed a memorializing resolution asking for a five-year pause on spreading sludge and doing other things." Wheeler noted the board could refresh a memorializing resolution and pointed to advocates urging the DEC to look at models used in Maine and Michigan.
Members also discussed practical consequences if spreading were restricted. Legislator Paul E. Van Caeseele asked the committee to "explore the increase in cost that disposing of these biosolids a different way could create to the County in terms of infrastructure, transportation tipping fee and things like that." Wheeler cautioned that local landfills have limited capacity and that obtaining DEC permits for landfill disposal is becoming more difficult, which could accelerate the need to identify alternatives.
On formal action, a motion by Shannon Logsdon "to table the presentation of a local law placing a six-month moratorium on the issuance of new biosolid permits for spreading in Steuben County" failed for lack of a second. The committee then voted to adjourn on a motion by Fitzpatrick, seconded by Logsdon; the motion carried 3-0. Minutes were prepared and filed by Deputy Clerk Amanda L. Chapman.
