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The Virginia Gutter Grunt's Anti-Sludge Web Log
by Denis O'Brien, PhD

     Please e-mail your comments, corrections, invective, leaked EPA and CIA documents, and all of your interesting, frightening, and sexy sludge stories to: denis@Something-stinks.com

If you are looking for Synagro's " Virginia Biosolids Council," try www.VirginiaBiosolids.com

 

Here's a table tracking sludge bills now in the Va. legislature.

January, 2006

Spew # Post
[008]  Jan. 29, 2006
The War Within the War:  "Sludge" v. "Biosolids"
LOGOMACHY, n. A war in which the weapons are words and the wounds punctures in the swim-bladder of self-esteem -- a kind of contest in which, the vanquished being unconscious of defeat, the victor is denied the reward of success.
Ambrose Bierce, The Devil's Dictionary
US author & satirist (1842 - 1914)

"It's not toxic, and we're launching a campaign to get people to stop calling it sludge. We call it 'biosolids,' "  Nancy Blatt, Director of Information, WEF

King of the hill
The previous spew in this blog includes (at no extra cost) a draft of an indemnity agreement that farmers might consider before signing onto the sludgers' "free-fertilizer" program. In that agreement I referred to sludge as "biosolids."  This was not a slip; it was intentional, because it's the word the farmers who use the stuff know.  But it drew a prompt response from a nuance-sensitive sludge warrior who complained that the word "biosolids" should never be used.

This got me thinking about this second-level sludge war over what is the "proper" term for this stuff. This war over the semantics reminds me of playing "king of the hill" as a kid, where the whole objective was to push everybody else off the hill. Just dominating the hill was the whole thing -- there wasn't anything to do up there if you pushed all the others off and they went home and watched The Mickey Mouse Club.  The hill itself had no significance.  It's like, what's the point? And as a newcomer to the sludge wars, that's my first impression of this semantic squabbling -- about as productive as king of the hill and about as substantial as Mickey Mouse.

But a lot of people are very serious about the semantics.  You can tell how emotionally involved someone is in the biosolids, I mean sludge, issue by their reaction to the word "biosolids" – never mind the actual smelly, toxic stuff itself. Some people just totally wonk-out at the sight or sound of the word "biosolids." It is a huge red-flag waved in their face; an enormous hot-button planted right between their eyes. What is going on here?

The real issue -- below the surface of the semantics?
Well, I think basically what is going on is not what appears on the surface of the squabble.  It's not just about word-choices.  I think the reason many sludge-warriors get upset with "biosolids" is not that the word is an intrinsically poor word to use to distinguish treated from un-treated sludge. What is going on is that these people see the word as a symbol of the EPA’s sludge land application PR program, which a less generous person might refer to as the EPA’s "brain-washing pogrom." "Biosolids" is the flag-ship of the EPA’s branding strategy for selling the whole bureaucratic idiocy of land-application, much like "weapons of mass destruction" was Bush’s brand for selling the Iraq War.  And the EPA paid a lot of money for "biosolids."   Instead of putting hundreds of thousands of dollars into, for instance, David Lewis’ proposed research project to track sludge pathogens through DNA fingerprinting in DeSoto County, Fla., the EPA channeled that money through the WEP into Washington PR firm Powell/Tate to clean up sludge’s bad name -- and up popped "biosolids."  And there is something about the government branding, or selling, or doing PR work to promote idiot programs that just pisses people off.  Except, of course, the people who actually buy the program -- or make their living from it. 

But what really pushes the buttons of people who hate the word "biosolids" is the fact that the EPA’s PR strategy is working so well. I mean just the fact that there is any issue at all over what to call sludge is proof that the strategy has been successful. Fifteen years ago, the word "biosolids" didn’t exist. Now it’s pretty solidly entrenched in the environmentalists’ lexicon, and before too long it will be a household word, like so many other newly synthesized words in our language.  Merriam-Webster already defines it. Apparently, the EPA lobbied Random-House to include "biosolids" in its dictionary in order to make it a "real" word.  

Check out this Random House site for Webster’s Dictionary http://www.randomhouse.com/words/newwords/ to see how each decade the language expands with terms that soon become universally recognized. "Bikini," "fax," "goofball" (1940's); "hash browns," "weirdo," "junk mail" (1950's); "hippie," "pantsuit," "doofus" (1960's). And so on. Which raises the question: How far back does "sludge" go? My hard-copy Webster’s says back to 1649.

In an attempt to get some sort of quantitative idea of how the "biosolids" v. "sludge" battle is going, I did some Googling (another word that Webster now counts as OK).  The table below gives the results as of today.  Recall that words inside "   " are searched as that phrase, not individually.  

Word Hits
sludge 6,210,000
sewage sludge 1,570,000
"sewage sludge" 1,060,000
biosolids 771,000
biosolids sludge 274,000
sludge "part 503" 38,400
biosolids "part 503" 26,400
sludge biosolids "part 503" 22,200

The last three rows in the table are probably the most telling.  They say that almost as many articles referring to "part 503" (the federal sludge regulations) use "biosolids" as "sludge."  They also say that almost 4 times as many articles referring to "part 503" use only "sludge" as use only "biosolids."  [16,200 (38,400 - 22,200) v. 4,200 (26,400 - 22,200)]  On the other hand, of 771,000 Internet articles using "biosolids," 497,000 (771,000 - 274,000) don't use "sludge."  This could be taken to indicate that biosolids is gaining solid footing as a self-evident term that doesn't require an explanatory "also known as sludge."  

Those of you who are a lot quicker than the ole' Gutter Grunt are going to point out that if "sludge" goes back to 1649 and "biosolids" only goes back to 1990 or so, then most of the difference between 6,210,000 hits for "sludge" and a measly "771,000" hits for biosolids is due to "sludge's" 250 year head start in the vernacular.  You may be right.  "Sludge" used with "part 503" and "biosolids" used with "part 503" are fairly even, and this limits the search period to years since "part 503" came into use -- what, about 1991?  So in recent Internet articles talking about the sludge regulations, there isn't much spread between "sludge" and "biosolids."  

I agree, we can't read too much into these Google hits.  But the point of the table is more to use it as a baseline so we can track the relative "strengths" of the two words over the coming years. 

One observation you may find interesting about these words is their use by the courts.  When reading a judge's opinion on a sludge case, one can pretty well tell who will win by reading just the first paragraph.  If the judge refers to sludge as "sludge" then the farmers and sludge-haulers are in trouble.  But if he refers to "biosolids," get your clothes pin out, sludge is coming to town.  Here are a couple of examples from Virginia:

"The plaintiffs are farmers who would like to spread sewage sludge on their land located in Rappahannock County."  Welch v Rappahannock County, 888 F.Supp. 753 (WD Va, 1995) -- Judge Michael ruled that the county has right to ban sludge under the federal Clean Water Act.

"The plaintiff's business includes the application of biosolids as fertilizer and soil amendment on farm and forest land in Virginia."  Synagro-WWT v. Louisa County, unpublished opinion (WD Va. 2001) -- Judge Michael (same judge) now ignores the Clean Water Act and applies Dillon's Rule and to rule for Synagro 110%, concluding ". . . compatibility of local ordinances with the state constitution outweighs any health concerns regarding the application of biosolids."

The BS solution.
"Sludge" is a solid word, in my opinion.  It is monosyllabic, so even those who spread it on their own land should be able to say it.  And it slides off the tongue just like, well . . . sludge would.  Its primary defect is lack of precision.  Webster's 9th Collegiate has 6 definitions for "sludge," including "new ice forming in thin detached crystals."  Even just within the waste treatment vernacular "sludge" lacks precision because it fails to distinguish between treated and untreated material.  Perhaps the term "pretreated sewage sludge" (PSS) should be used by sludge-warriors to avoid any allegations that by using just "sludge" we are trying to hide the fact that the stuff is treated.  Where the sludge is derived from biological aeration, then "biologically aerated derived sludge" (BADS) would be very precise. Or, where the treatment is lime, "alkaline-stabilized sludge" (ASS) might work.   And if both types of treatment are used, then how could we not use "biologically aerated derived alkali stabilized sludge" (BADASS)?      

"Biosolids" is much prettier than "sludge." of course; after all, that was the whole point of coining it.  It has the disadvantage of having at two or three more syllables than "sludge," depending on whether you see "bio" as one or two syllables.  But it's primary advantage is that it is a more precise term because it is defined as treated sludge.  

I don't want to shock the consciences of my die-hard sludge-warrior colleagues, but I'm not sure we shouldn't just give the sludgers this one.  I mean, the tactic would essentially be:  Screw it, let's go watch Mickey Mouse.  There are more productive issues to take on.

Besides, the EPA really left us an opening when they chose "biosolids."  Did you ever notice that you can abbreviate it to "BS?"  Why don't we just fill the sludge literature with "BS?"  End the discussion by turning "biosolids" into the same dirty word it is!!!  The allegation that the EPA is shoving BS down our throats then becomes true on both the literal and the figurative level.  Point, game, set, and match.  Spin and Marty, here we come. . .         

Of course, the EPA might not want to play this game.  For some reason I have not yet figured out or heard explained, the EPA itself generally doesn't use "biosolids."  The EPA's own official glossary of environmental terms excludes "biosolids."  Part 503 is not about BS, it's about "sewage sludge."  EPA documents in the Federal Register rarely use BS.  Here's a link to a 1995 EPA notice at 60 FR 54763 on Standards for Use or Disposal of Sewage Sludge.  And here's a link to the 2003 EPA response to the National Research Council's recommendations, which refers to "sludge."   The Clean Water Act uses "sludge."  (33 USC 1345).       

Why would they spend all that money to get a propaganda word they don't use themselves?  If you know the answer, don't keep me in the dark.

 

[007] Jan. 10, 2006
Meet Glen Witt, the smiling face on Synagro's sludge


Here's a quick-link to a sample Indemnity Agreement for those of you who don't make it to the end of this way long spew.  Check it out with your lawyer before using it.

Charlie's small-town pro-sludge media blitz
Late last year Synagro's so-called Virginia Biosolids Council (VBC) started a media blitz in small town newspapers of Central Virginia.   Charlie Hooks is Synagro's PR guy and one of the guys who set up the VBC.  At a public sludge meeting here in Amherst last summer I overheard Hooks telling a friend that Synagro had a media problem in the Central Virginia area and that he, Hooks, had been hired to straighten it out.   Hence, the new VBC and the recent "news" blitz.

The Amherst paper, The New-Era Progress, really took the hook, so to speak, with this VBC thing.  On December 8 the NEP featured sludge as a sort of pre-Christmas special topic.  They ran a big sludge ad featuring a picture of Bedford County sludge farmer Glen Witt and his wife, who is holding their young son, Josh.  They were all standing in a sludged field, smiling.  A couple of curious Angus heifers looked on in the background.  This is the All American Family, if ever there was one.  

Mr. Witt's glowing testimony was printed below the photo.  He said that he has used sludge for more than 14 years, and that his farm couldn't survive without it.  His bottom line was "[w]e trust biosolids.  When you get the facts, you will too," thereby implying that he has some major facts that we sludge-warriors are lacking, because not a one of us trusts the stuff, or trusts the companies who spread it, or trusts the Virginia Health Department who promotes it.  Apparently, once we get "the facts" we'll be a lot more trustful. 

The same ad appeared in at least one other Central Va. local paper.  By Christmas, Mr. Witt, quite literally, had become the poster-person for the sludge lobby.  His is the friendly face Charlie Hooks needed to help Synagro push their sludge. 

Also appearing in the December 8th sludge-edition of the Amherst NEP was a news-article with the exciting headline:  "New Virginia Biosolids Council creates Web site."  It is rare that the creation of a web site, much less a sludge site, justifies this kind of newspaper space, and so I thought that the article must be either a spoof or so beautifully written that the editor couldn't resist.  But the Pulitzer prize committee will likely pass this piece by.  It's author remained anonymous for one thing and it was almost verbatim a VBC press release that had been sent to me earlier by a reporter from another paper.  Aha!, Charlie the PR guy, strikes again -- twice in one paper!  One wonders how much money Synagro paid the Amherst NEP, either directly or through the the VBC, to run the VBC press release and make it look like a bona fide news paper article.  

This approach to reporting the "news" brings to mind what Rummy and the neocons are doing in Iraq: running phony news stories in Iraqi local papers about what a great war they've got going over there.  As for Mr. Witt's ad, I figured it, too, must be phony.  I mean, nobody could really believe that imported humans feces and industrial slime is "good for our community."  Could they?  My skeptical first guess was that some Synagro PR 'ho paid Witt to let VBC attach his name and face to an ad he never wrote and probably didn't know that much about.  Boy, was I wrong.   I Googled Glen Witt, tracked down his phone number, and gave him a call to check the ad out.  Here's what I found: Mr. Witt really does love sludge.  This guy is for real.

The mind boggles
I called him about 7 pm Sunday evening, and got his wife.  She said he hadn't come in yet, and I should try back in half an hour.  I did, and he was, and he didn't need a lot of encouragement to talk about sludge -- he talked for an hour and 40 minutes, telling me all the wonders of sludge and all the benefits of sludge to society and to his farm.   I think he could have gone another hour and 40 minutes but the battery on my cell was going flat.  

Mr. Witt's opinions and perceptions should be important to those of us who are concerned about sludge, not because they are necessarily true or accurate, but because Mr. Witt and other sludge farmers I have talked with are absolutely convinced, in Mr. Witt's published words, "[b]iosolids are good for our farm and good for our community."  As long as farmers are convinced of that, there will be a demand for sludge.

I must say that it was an absolute pleasure talking to Mr. Witt.  He is not just another shill for Synagro, as I had supposed. He claims complete and sole responsibility for the VBC ad and the letters to the editors that have been published under his name, and he stands by what's in those ads and letters.  He said, without my asking, that he was not paid a dime by Synagro or the VBC to endorse sludge or to appear in the ads.  He sincerely believes that sludge is not just safe, but that it is necessary if he wants to stay in business.  He didn't have a firm figure for how much he has saved by sludging his land over the years, but he said he is "avoiding" fertilizer costs of $5,000 to $10,000 a year, depending on how much sludge the state lets him put down.  (Another sludge farmer I spoke with in Appomattox County observed that the $4000 he saves off-sets the increased local tax load on his property.  He, too, reckoned that sludge was keeping him afloat.)  

Mr. Witt is a second generation sludge farmer; he has been putting this stuff on his land since 1990.  In the early 1990's he used liquid sludge from Roanoke, but they cut him off because of the transport costs.  So he signed on with a company that was eventually bought out by or merged with Synagro.  The Synagro "semi-dry cake sludge" he now gets arrives at the RR yard in Gladstone, Va. from New Jersey; it is then trucked (past my house!) 1.5 hours to Mr. Witt's farm.  Gladstone is about three times farther from Mr. Witt's farm than Roanoke is, and  New Jersey is about 10 times farther.  In spite of the rising energy and transport costs, Mr. Witt can get an industrial/domestic sludge mix delivered to his door (literally, see below) all the way from NJ, but he can't get relatively "clean" domestic sludge from Roanoke, 40 miles away.  The mind boggles.      

We gotta' give this much to the sludgers
There is one indisputable fact that drives Mr. Witt's side of the conversation, and we are going to have to give the sludgers this one: whatever doubts we sludge-warriors may have about sludge's safety or effects on the environment, sludge is very effective fertilizer.  Mr. Witt rattled off figures about how much his grass production has increased -- "at least 2-fold."  He took a bunch of rolls of grass off of one paddock in December and turned 20 cows into the paddock to graze.  The grass is still growing strong and the cows are still there.  Apparently his herds have been eating sludge-grown grass for 14 years -- no problems.  This year: 20 cows, 20 calves.  "These are happy cows."  And, to be honest, the two shown in the VBC ad look absolutely rapturous, in the way only truly contented cows can.  All those cows that died in Augusta, Georgia?  There must have been something else wrong with them, according to Mr. Witt.  He says if you look at each one of those anti-sludge stories closely enough you will find some other cause for the problems.    

Now, to be honest, I had to bite my tongue pretty hard to keep from jumping in with an opinion on statements like that last one, but I took a deep breath and held it in.  After all I was calling to get information, not to give it.  And after hearing him out I had to conclude that we have no choice but to yield to his opinion that the stuff works, certainly in the short-term and, with proper management, probably in the middle term.  But the distant term, out yonder on the time-line, is still anybody's guess.  If metals, dioxins, dichloromehtane, phenols etc. are accumulating on this guy's land, then the distant term could turn out to be pretty bleak for him, for his family, and for whomever eventually buys or inherits his land.  Which brings us to Mr. Witt's views as to the safety of the sludge.  

Mixing kids with sludge.
Mind you, this man is not just raising grass and cows on his sludged land, he is raising his (and collectively our) most valuable asset, that boy, Josh.  Nonetheless, Mr. Witt lets Synagro apply the sludge as close to his new house as the VDH rules allow.  Now, any reasonable and sane man would have to be 100% certain that sludge is safe before raising his family in or around it.  I don't mean a beyond-a-reasonable-doubt sort of certain.  I mean the-sun-will-rise-in-the-morning type of certain.  Mr. Witt is clearly both reasonable and sane, and yet he has absolutely no compunction about Synagro spreading sludge around his door.  And this, as much as anything else he said, speaks to Mr. Witt's sincerity.  In fact, living next to the sludge is actually a point of pride with him.  He told me at least 3 times that he would never suggest that another man use the stuff in a way that he [Mr, Witt] wouldn't.  He knows the stuff is safe.  

But in addition to having no compunction about using sludge close to his house, Mr. Witt also has no data that it is safe, and this is what worries me.  When I asked him why he is so certain that the sludge won't harm him or his family, Mr. Witt offered two responses.  First, he has been told by the VDH and Synagro that sludge, when properly used, is safe, and that "they" sample the stuff constantly and sample his land.  But when I asked if he actually saw the results of those samples, he admitted that he "didn't usually."  If it was my boy playing next to a sludge-field, I'd sure want to see a whole lot of data.  I'd want to see all of it.

His second response was that he has many years of both direct exposure to and direct experience with sludge, and he has never suffered any harmful effects.  Nor does he personally know any sludge workers or sludge farmers who have ever had any health problems related to sludge.  This same point was raised by a sludge worker named Ellen Huffman who e-mailed me just before Christmas.  She demanded to know the following (and I cut & paste her entire message here):  


"if sludge is so bad, then why aren't wastewater treatment plant operators (you know, the people who work at the plants that treat your waste and generate sludge)  sick, dieing left and right, or glowing in the dark? Most the operators i know are very healthy, including me. I have 28 years in the profession with daily exposure to sludge in various stages of treatment and I am very, very healthy."

The primary answer to Ms Huffman and to Mr. Witt is that many, maybe most, people can tolerate the acute effects of sludge, but those who can't don't become sludge farmers or workers.  The first day or first week on the job they get dizzy, they get sick, they throw-up on their shoes, they have an asthmatic attack and die -- whatever -- and they don't go back.  So of course sludge workers aren't affected by sludge; otherwise they wouldn't be sludge workers.  The more interesting question is whether, after decades of exposure, people like Mr. Witt and Ms Huffman are any more susceptible to cancer than the sludge-free population.  These sludge workers and sludge farmers are willing to be our Guinea pigs, and someone needs to be keeping an eye on them. What's the point of keeping a canary in a mineshaft if nobody ever checks it?      

Mr. Witt's and Ms. Huffman's attitude is both rational and dangerous, and it appears to be common among sludge farmers.  Mr. Witt knows a  lot about handling sludge, but he does not seem to be particularly knowledgeable with regards to the sludge itself.  He didn't know what dioxins (glossary) are, for instance.  Or endotoxins (glossary).  Or whether anyone actually tests for them in the sludge he gets.  He hadn't heard about the radioactive release into the sewer system/sludge distribution system in Florida, nor about human deaths that have been connected to Synagro's sludge.  Rather, Mr. Witt's knowledge of the safety of sludge seemed to be derived from what others -- Syngro and the VDH -- have chosen to tell him.  My concern here is not that such derivative knowledge is necessarily bad or wrong.  After all, those of us opposed to sludge rely mostly on third and fourth hand knowledge, too -- not many of us are out there measuring mercury levels in semi-solid sludge cake.   Derivative knowledge can be powerful; it represents the bulk of what one's beliefs are made of.  Mr. Witt's belief is that sludge is safe, and he has the say-so of VDH and USEPA to back him up.

But is it courage of conviction or dangerous delusion when a man brags about putting sludge down next to the yard his three year old plays in?  We sludge warriors have seen data on the types and amounts of metals and chemicals that go into the sewage system, and there is no way we would risk exposing any child to the stuff.  Bob Hicks and Cal Sawyer at the VDH could talk to us about how safe sludge is until all of Mr. Witt's cows come home and we wouldn't believe a freakin' word they said without some pretty hard data, which they have never produced.  And we certainly wouldn't spread sludge next to our own home on the basis of what Charlie Hooks or Hunter Richardson at Synagro say.   It is difficult for us to understand how anyone would voluntarily expose their children to a mixture of sewage and industrial waste residue on the say-so of government or industry sludge promoters who derive their income, directly or indirectly, from sludge and its regulation.   

But Mr. Witt calmly insisted that in spite of his years of experience with sludge, he has had no ill effects.  He and his family are in perfect health.  His cows are, too.  And that is good.  That is wonderful.  And may Josh grow up to be as fine a man as his father, and may he become the third Witt generation to farm that land, which by then will have been sludged for 30 years.  But what if something happens?  What if the Witt's next child is born asthmatic?  What if 10 or 20 years from now Mr. Witt or one of his family develops early cancer?  We know that dioxins cause cancer and that dioxins are a common contaminant of industrial sludge.  We know that a dozen other carcinogens have been found in sludge and that the EPA and VDH do not routinely test for any of these.  Just last month an aerospace company in California pleaded no contest to dumping toxic metals and other pollutants into LA's sewer system which empties out onto farmers' land as sludge.  How will Mr. Witt protect his child from similar criminal acts of morons 600 miles away in NJ?  How will Mr. Witt know, should tragedy strike, that the problem wasn't caused by the sludge?  Does he call Hunter Richardson or Bob Hicks and ask them to reassure him once again about how safe sludge is?  Does he say to himself, "Hey, people get cancer all the time, it's just the way life is."?  

Or does he spend the rest of his life wishing he had erred on the side of caution, even if it had cost him $5000 a year in free fertilizer? 

Putting Synagro's money where Synagro's mouth is
Which brings me to my final point: indemnity.  Synagro has not offered, and Mr. Witt has not asked for, an agreement that Synagro would stand by its claims of safety and pay Mr. Witt back for any and all damage caused by the sludge.  If Synagro's claims that their product is safe are to be believed, then Synagro should be more than willing to assume the medical costs of those who become ill as a result of believing those claims.  Synagro should be willing to assume the litigation costs and pay the judgments against farmers like Mr. Witt who get sued because of Synagro's sludge.  The pudding's proof in this whole safety issue is not which side has the most convincing data for or against sludge's safety.  It's whether or not the sludgers are willing to put their money where their mouth is by agreeing -- in writing -- to pony up compensation if their sludge turns out not to be so safe after all.  Or if the long-term value or productivity of a farmer's land declines because of the accumulation of sludge pollutants.   If you give your word that the stuff is safe, then you should take responsibility if your word turns out to be wrong.  What's fair is fair. 

To assist those farmers who would like to see what such an indemnity agreement might look like, I have prepared a draft.  Although anyone is free to print, copy, download, use, amend, add to, subtract from, or otherwise desecrate this draft in any way they jolly well please, I strongly suggest that you sit down with your lawyer and discuss the ramifications with him/her before you attempt to use it.  The purpose of this draft is to show you the sort of agreement the sludgers seems to be avoiding -- I'll leave it to you to ask why.

   

   
 

Copyright, 2005 - 2007, Denis O'Brien, PhD/Esq.  All rights reserved.