Use of Reclaimed Water and Sludge in Food Crop Production (1996) / Chapter Skim
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8 Economic, Legal, and Institutional Issues
8 Economic, Legal, and Institutional Issues
Pages 151-174
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From page 151... ...
This chapter begins with an examination of the economic incentives ECONOMIC INCENTIVES FOR LAND APPLICATION OF TREATED MUNICIPAL WASTEWATER AND SLUDGE Interest in reclaiming treated wastewater effluents is being driven by two major factors. One is the increasing cost of water supplies in many metropolitan areas, especially the arid western United States.
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From page 152... ...
Driven by economic and environmental concerns, and encouraged by the similarity of treated wastewater effluents to irrigation water, the use of reclaimed wastewater for agricultural irrigation is potentially competitive with other sources of water and can be a cost-effective alternative to wastewater discharge in selected parts of the country. Generation of sewage sludge likewise has been steadily increasing in this country as a result of higher treatment levels and greater quantities of wastewater from continued population growth.
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From page 153... ...
There are a variety of economic approaches and market alternatives that POTWs may use to offset current and future costs of supplying reclaimed water. If water reclamation results in a reduction in the demand for current potable water i.e., if agriculture is drawing on an existing or potential potable water supply-the reduction should be valuer)
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From page 154... ...
Total sludge processing costs ranged from $266/ton to $925/ton depending upon the specific unit processes employed for sludge treatment. Treatment procedures and quality criteria to be met for various types of end uses or disposal of sludge are specified in the Standards for the Use artful Disposal of Sewage Sludge (or "Part 503 Sludge Rule", EPA, 19931.
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From page 155... ...
_~ - - r r - 0 Farm Economics of Treated Wastewater and Sludge Use A farmer considering the use of reclaimed wastewater or sludge will initially have several concerns, including the potential health risks to family and employees, potential toxic effects on the plants, long-term detrimental changes in physical or chemical properties of the soil that may affect crop production, the potential liability associated with the sale or consumption of crops grown using wastewater and sludges, and the fear of liability for contamination of the land with hazardous wastes. Sewage sludge is not listed as a hazardous waste under the Resource Conservation and Recovery Act (RCRA)
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From page 156... ...
Whether or not reclaimed wastewater can be marketed to agriculture also depends on the cost and availability of reclaimed water relative to other sources of irrigation water. Supply considerations include seasonality and storage as well as the on-site delivered cost of reclaimed water.
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From page 157... ...
Other management and monitoring costs are borne directly by sludge handlers and users. In some cases, the costs associated with monitoring, handling, and recordkeeping requirements may equal or exceed the direct economic benefits of land application, even though land application may be the environmentally preferable and the most cost-effective alternative from society's point of view (i.e.
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From page 158... ...
Still, food processors and retailers are particularly concerned about potential liability for health risks attributed to the consumption of food grown with the use of treated wastewater effluents or treated sludge. They require evidence to convince them that all aspects of the process are being carefully managed according to the regulations and guidelines, and that there is adequate oversight and enforcement.
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From page 159... ...
These concerns include potential risks to: · the health of persons and livestock who consume foods produced with treated sludge and treated wastewater effluents; · the health of agricultural workers and other persons on agricultural sites where sludge and wastewater are used; · the health of persons who consume ground water, surface water, or fish or shellfish from areas where sludge and wastewater are used; · the quality of life and value of property of nearby residents; and · the quality of natural resources, such as agricultural soil, rivers, wetlands, ground water, flora, and fauna. While only the first concern that of health effects from food crops-is the main focus of this report, the implementation of agricultural use programs for wastewater effluents and sewage sludge will ultimately depend on the degree to which all of these concerns are addressed.
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From page 160... ...
Even if contamination or injury causation is unproved, these consequences may occur because widespread media coverage, speculations, or allegations may be enough to make retailers and consumers reject the product. Thus, public concerns about residual risks create business risks and militate against agricultural use of sludge and reclaimed water despite the regulatory safeguards provided by federal and state agencies.
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From page 161... ...
Finally, some of the concerns about the use of sludge in agriculture are based on a lack of confidence in the ability of federal and state government to adequately enforce regulations that have been enacted to safeguard health and the environment. In acldition, farm management is not regulated by the Part 503 Sludge Rule.
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From page 162... ...
They are even more vulnerable in those states that hold that failure to meet a regulatory requirement constitutes negligence per se, obviating the need for the victim to prove negligent conduct. Personal injury claims by food consumers may also be brought against farmers or food processors under a state's strict product liability doctrine for selling a "defective product." According to this doctrine, a defective product is one that is unreasonably dangerous due to faulty design or manufacture (e.g.
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From page 163... ...
As a result, farmers and food processors face potential liability for compensatory and punitive damages under the common law for a broad range of harms that might occur throughout the life cycles of treated sludge and wastewater. Liability should make these parties act re ./ sponsibly when engaging in agricultural and food production practices that use sludge and wastewater.
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From page 164... ...
However, food processors and farmers have the opportunity, through their various associations, to develop new guidance for quality control and farm management practices that can reduce the residual risks of using treated sludge and wastewater. Such guidance, if followed, could have the further effects of mitigating public concerns about re~ulatorv inadequacies, and mitigating business concerns about liability.
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From page 165... ...
This section of the report illustrates the relationship between federal programs to show how the seemingly unrelated programs combine to achieve a protective strategy that mitigates potential residual risks associated with municipal wastewater and sludge management. Toxic Waste Segregation, Waste Collection, and Treatment Figure 8.1 illustrates some of the processes in the wastewater and sludge lifecycle generally addressed by federal and state environmental regulations.
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From page 166... ...
As described in Chapter 3, the sludge may be applied to agricultural land for beneficial use if the trace element pollutant concentrations are low enough and if pathogen and vector attraction reduction methods are employed. Surface and Ground Water Protection Figure 8.2 shows the processes in food production and solid waste management generally addressed by federal and state regulations and by guidelines related to surface and ground water protection, especially those user!
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From page 167... ...
If public drinking water does not meet mandatory requirements, suppliers must provide notice to customers (40 CFR 1351. Public Health Prol;ect;ion for Harvested Crops When EPA first promulgated criteria for land application of sewage sludge to cropland in 1979, some food processors raised a series of questions about the perceived safety and legality of food crops grown on sludge-amendec!
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From page 168... ...
FDA is directly involved with regulatory controls over food processing practices for harvested foods under 21 CFR 100-199. These regulations address issues of specific food labeling, standards for quality, unavoidable contaminants in food for human consumption (21 CFR 109)
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From page 169... ...
The Part 503 Sludge Rule requires farmers who grow produce crops to adhere to rigid cropping and harvesting practices if Class B municipal sludge is land applied. The federal regulations require a statement by farmers that they have complied with the restrictions on cropping and harvest.
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From page 170... ...
Food quality is regulated by a host of specific standards imposed on retail operations (food processors, distributors, and restaurants) by the FDA and state health agencies charger!
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From page 171... ...
There are only negligible economic incentives for food processors to accept products produced with reclaimed wastewater or sludge. Benefits in terms of lower raw food costs are likely to be minimal, whereas the risks from negative public perception could be substantial.
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From page 172... ...
Although some clarification and streamlining of the Part 503 Sludge Rule would be beneficial, the regulatory framework appears generally adequate to manage risks associated with land application of both treated municipal wastewater and treated sewage sludge. The suite of existing federal regulations, available avenues for additional state and local regulatory actions, and private sector forces appear adequate to allow, with time and education, the development of safe beneficial reuse of reclaimed wastewater and sludge.
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From page 173... ...
1994. Personal communication at National Research Council Committee on the Use of Treated Municipal Wastewater Effluents and Sludge in the Production of Crops for Human Consumption committee meeting, June 10, 1994, Rutgers University, New Brunswick, NI.
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From page 174... ...
1993. Statement by the National Food Processors Association on the Use of Municipal Sewage Sludge in the Production of Fops for Human Consumption.
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