Sewage Sludge Draws New Attention

[Note: The first three references were in the portion not extracted here.]

Boyceland Dairy v. City of Augusta, No. 2001-RCCV-126 (Richmond County Super. Ct. 2003); See Robert Pavey Jury : Augusta Responsible for Cattle Deaths, Augusta Chronicle, June 24, 2003.

Memorandum from Richard Green and Robert F. McGhee, EPA Region 4, to Tim Fields, EPA Assistant Administrator, Office of Solid Waste Emergency Response, and Chuck Fox, EPA Assistant Administrator, Office of Water (Nov. 2, 1999). [hereinafter “EPA Memo”].

Hale Robert C. and LaGuardia Mark J. , Have Risks Associated with the Presence of Synthetic Organic Contaminants in Land-Applied Sewage Sludges Been Adequately Addressed?, 12 New Solutions: J. Env. & Occupational Health Policy 371, 372 (2002).

Cornell Waste Management Institute, Clustering of Biosolid Land-Application Alleged Health Incidents by Locality, http://www.cfe.cornell.edu/wmi/Sludge/Incidents.htm (last updated Feb. 10, 2003). See also Harrison Ellen Z. and Oakes Summer Rayne , Investigation of Alleged Health Incidents Associated with Land Application of Sewage Sludges 12 New Solutions: J. Env. & Occupational Health Policy 387 (2002).

Carlisle John K. and Michael J. Centrone, Is the EPA Killing People?, http://www.enterstageright.com/archive/articles/1200epa.htm.

Fackelmann Kathleen , Some Fear That Using Sewage Sludge as a Fertilizer is a Public Health Hazard, USA Today, September 30, 2002, http://www.usatoday.com/news/health/2002-09-30-sludge-usat_x.htm.

Dairy Boyceland , Supra note 4.

Green, Supra note 5.

Id.

Hale, Supra note 6.

Christopher Conrad, Comment: Sewage Sludge and Land Application Practices: Do the Section 503 Standards Guarantee Safe Fertilizer Usage? 9 Dick J. Env. L. Pol 147, 159 (2000).

EPA Office of the Inspector General, Status Report on Land Application of Biosolids at 7 (March 28, 2002) [hereinafter “OIG 2002 Report”].

Id.

Id.

Clean Water Act, Section 405, 33 U.S.C. § 1345 (d) (2) (D)

Id.

This Petition serves as a Notice of Intent to Sue under each of those statutes and meets the regulatory requirements established for those Notices. See, e.g. 40 CFR §135.3 (requiring a Notice of Intent to Sue under the CWA to include provisions of the Act violated, a description of the failure to act by the Administrator, and a listing of the Petitioners with their addresses and telephone numbers, along with an identification of counsel). Petitioners note that unreasonable delay in agency rulemaking may also result in litigation under the Clean Air Act, and other laws. See e.g., 42 U.S.C. § 7604(a) (requiring notice prior to commencement of an action for unreasonable delay). See, e.g., 21 C.F.R. § 10.30 (e) (2) (1998) (example of agency implementation of the Administrative Procedure Act's petitioning provisions). This Petition also serves as a Notice of Intent to Sue to enforce the prohibition against unreasonable delay of agency rulemaking.