Maine first in nation to ban PFAS in sludge, compost

Maine has become the first state in the U.S. to ban the use of industrial and municipal sewage sludge as fertilizer, a major source of widespread PFAS (per- and polyfluoroalkyl substances) contamination within the state.

The state Legislature passed LD 1911 April 15 and Gov. Janet Mills signed it into law April 20. As reported by the Republican Journal, a Belfast, Maine-based newspaper, the presence of PFAS in fertilizer has forced many family farms to shut down and has contaminated drinking water wells.

Currently, the federal EPA has a PFAS threshold of 70 parts per trillion for drinking water. Meanwhile, in Maine, the legislature established an interim state drinking water standard in June 2021 of 20 nanograms per liter for PFAS, including PFOA and PFOS.

“Passing LD 1911 is vital to the prevention of further contamination. This legislation enables us to take decisive action to help future farmers and give our children safe land, capable of growing healthy food that will feed Mainers for generations to come,” said Rep. Bill Pluecker of Warren, lead sponsor of the bill, during an April 15 session to discuss the legislation.

Although the Maine Department of Environmental Protection (DEP) began limiting some uses of contaminated sludge in 2019, the Republican Journal reports that “significant loopholes” have remained. Contaminated sludge was still allowed to be composted, which resulted in PFAS-laden material being sold to farmers, landscapers and home gardeners.

The new law ends all uses of sludge for amending soil and mixing with compost.

Addressing landfill leachate

In addition to LD 1911, the legislature also passed LD 1875 on April 25, which implements a plan to treat PFAS effluent in state-owned landfills. Sponsored by Rep. Stanley Paige Zeigler of Montville, the bill is particularly aimed at the Juniper Ridge Landfill in Old Town—a state-owned facility that is contributing to PFAS contamination of the Penobscot River.

Under LD 1875, state-owned waste disposal facilities are required to treat landfill leachate in order to reduce the concentration of PFAS to the highest extent possible. The bill also requires treatment to occur prior to its shipment to a wastewater treatment facility or for the leachate to be sent to a facility for PFAS reduction.

The bill further requires the state DEP to adopt rules to establish technical requirements, ensuring the implementation of those requirements within three years and the monitoring of the efficacy of the installed system, reports the Republican Journal.

“The impact of leachate from Juniper Ridge entering the Penobscot River is of significant concern, especially since the Penobscot Nation depends on the fish in the river,” Zeigler said. “We know from the dairy farm in Arundel, the private wells in Fairfield and the ‘do not eat’ advisory on deer harvested in the communities surrounding Fairfield that PFAS has a lasting impact on both the environment and the human body.”