The sludge solution?
The battle continues over who has the authority to determine whether human waste can be spread on area fields.
For several years, a human waste product has been hauled into the area of Hall Township east of Route 89, north and south of Interstate 80, spread over the fields and worked into the soil. Residents in both Spring Valley and Ladd have complained about the smell, but local officials have been stymied in their attempts to stop the process.
Last April, Hall Township Clerk Tom Tonozzi, who is also Spring Valley’s city attorney, noticed a section of state law that said township electors could vote to prevent the “deposit of night soil, garbage, or other offensive substances within the limits of the township” at its annual meeting.
Voters passed an ordinance April 12, 2011, banning the deposit of offensive substances on any public or private property within the limits of the township, and setting a fine of not more then $500 for each day that such violation continues.
However, the spreader — Stewart Spreading of Sheridan — is denying the right of the township to pass the ordinance.
Ladd Village Attorney Pat Barry said he contacted the company regarding their intent to spread the sludge outside Ladd’s jurisdiction and told them about the Hall Township ordinance. Barry said Stewart responded that Hall Township had no right to pass the ordinance, and that they had applied for an EPA permit to spread on both sides of I-80, east of Route 89.
On Tuesday, Tonozzi said it has been a long-time problem for Spring Valley and Ladd residents, who have complained about the smell.
“They want to have a barbecue in their backyard, and it smells like sludge,” he said.
Tonozzi said the ordinance was passed to protect the residents from the “noxious aromas,” and they are now trying to get the Spring Valley and Ladd police to enforce the ordinance for the township. The issue was discussed at Spring Valley’s City Council meeting Jan. 3, but the issue was tabled until Spring Valley Police Chief Kevin Sangston had the opportunity to speak with township officials and get clarification on any issues. It will be discussed again on Jan. 19.
Tonozzi said area farmers have received an email from Stewart notifying them they will be returning. But even if Stewart has a permit from the EPA to spread the sludge, Tonozzi said they will be breaking the law if they do so.
“They might be in compliance with one law, but they’ll be violating another,” he said.
Hall Township Highway Supervisor Monte Moreno has also been notified that Stewart is coming back.
“The comment made to me was, ‘I do know that you have an ordinance, but that is not going to stand up in court,’” Moreno said Tuesday.
Moreno said he would like to see the sludge spreading stopped, but he isn’t sure whether the ordinance will stand up in court.
“I think as long as they’re permitted, and it’s for agriculture and they’re not doing it on a posted road, they can come,” Moreno said.
Moreno said agriculture use allows for a wide spectrum of uses, and they have the right to use posted county roads as long as they don’t exceed the posted weight limit of 72,380 pounds.
Moreno said he would like to see Spring Valley pass an ordinance because the sludge being spread near the intersection of Routes 6 and 89 is in the city limits.
Moreno said enforcement is a problem because the township doesn’t have its own law enforcement, and much of the sludge is hauled in during the night.
“You don’t realize they’ve been there until you see a pile the next day,” he said.
Calls to Stewart Spreading were not returned by press time.
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