Maryland Del. Sara Love and Sen. Justin Ready introduced bipartisan legislation to prevent Maryland from becoming a dumping ground for industrial sludge. Love is a Democrat representing Montgomery County, and Ready is a Republican representing District 5, which includes Carroll and Frederick Counties.
The bill garners support from the Chesapeake Bay Foundation, ShoreRivers, Chesapeake Legal Alliance, and other groups. It would close the loophole that allows the sludge to be stored and distributed onto farmland without adequate regulation.
“House Bill 991 / Senate Bill 1074 creates a new permit program for the hauling, storage, and proper application of ‘dissolved air flotation’ (DAF) material, which is a kind of industrial sludge of growing concern to farmers and communities,” reads the press release announcing the proposed legislation. DAF is frequently used as fertilizer on farms, but the proposed bills would strengthen regulation of this practice by requiring its handlers to hold a permit. This would give the Maryland Department of the Environment and the Maryland Department of Agriculture more control and additional tools to ensure its safe use.
Handling and distribution of industrial sludge has become increasingly profitable because of the state’s lax oversight practices, but people who live near these areas experience odors, flies, health problems, potential water quality issues, and more.
“Industrial sludge that’s generated by DAF is the leftover material from poultry, fish, and other protein products that rendering companies need to dispose of,” said Alan Girard, Eastern Shore Director at the Chesapeake Bay Foundation. “The material is tested far less rigorously than other waste like sludge or biosolids from municipal wastewater plants, and its makeup when land applied is not well-understood. In other words, we don’t truly know what’s being dumped on our state’s farmland, and what’s ultimately running off into the Chesapeake Bay.”
Delaware and Virginia have tighter regulation of industrial sludge, requiring a permit to transport and spread it, making Maryland a more attractive place to dump the material for those who produce it. A 2023 study done by the University of Maryland showed more than half the industrial sludge applied to land in Maryland in recent years came from other states.
Additionally, there is consensus among Bay scientists that in order to restore water quality, they must address the regional imbalances in nutrient pollution, which involves knowing where the nutrients are coming from and controlling how they are handled.
Residents who live near sites that handle industrial sludge have complained about horrific odor, expressing concern for their health, the local economy, and the impact on local waterways.
Talbot County resident Cheryl Lewis, who lives near such a site, wrote to the Star Democrat expressing deep concern. “Under the guise of ‘[agricultural] use’, DAF from seafood and chicken processing and municipal wastewater plant sludge from outside of Talbot County was dumped in heaping mounds, permitted to sit in the open, rotting from exposure, with unregulated runoff entering our waterway. The stench was gut wrenching.”
Caroline and Wicomico Counties have banned storage of the materials, but many seek a state-wide solution. Public hearings in Caroline, Carroll, Talbot, Dorchester, and Wicomico counties have been widely attended by residents voicing concern and anger about the material’s impact.
“Public nuisances related to the use of industrial sludge in agriculture are a growing concern in communities across Maryland,” said Love. “Mishandling and overapplication of sludge can lead to nutrient runoff that has negative impacts on waterways and the Bay. This bipartisan legislation will bridge gaps in current state regulation to ensure that farmers who use this material know exactly what is in it and use it in a way that does not overburden their neighbors and the Bay, while giving our regulators additional tools to crack down on the bad actors.”
“I have been contacted by many of my constituents about the use of industrial sludge as an exclusive fertilizer,” said Ready. “The most common complaint is that unlike manure and other types of traditional fertilizers, the smell does not dissipate. This forces neighbors—many of whom are in farming themselves—to abandon spending any time outdoors for most warm weather days of the year. My hope is that we can reach an agreement that will satisfy both approved nutrient management programs and allow the surrounding community quality of life.”
