Toxic Fertilizers Challenged by Lawsuit

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Toxic Fertilizers Challenged by Lawsuit

WASHINGTON, DC, October 23, 2002 (ENS) - Farm, consumer and environmental

health groups have filed a lawsuit to overturn a U.S. Environmental

Protection Agency (EPA) rule allowing hazardous wastes to be used in

fertilizers.

Under the rule, toxic heavy metals, including lead, arsenic, mercury, and

cadmium may be recycled into zinc based fertilizers. The hazardous waste

derived fertilizers would not be labeled as such, and may be applied to farm

lands and home gardens without further restrictions.

While industries have long been disposing of their hazardous wastes through

fertilizers, the practice was not officially authorized until this rule.

Many of the heavy metals that will be recycled into fertilizers are toxic

substances. Lead has been known to cause behavioral problems, learning

disabilities, seizures and even death. Mercury may cause neurological

abnormalities, including cerebral palsy in children and severe deformations

in animals. Arsenic and cadmium may damage internal organs, skin, and nerve

function.

The rule would allow these heavy metals to be applied to farms and gardens

in concentrations that exceed the limits set for disposal of the hazardous

wastes in lined and monitored landfills.

" The government's own studies show that, over the past few years, heavy

metal levels in children's diets have risen, " said Patty , a former

mayor of Quincy, Washington, and the founder of Safe Food and Fertilizer.

" Rather than take steps to reduce the toxic burden on children, however, the

EPA is illegally authorizing a practice that will put our children at even

greater risk from exposure to lead, arsenic, and other toxic heavy metals. "

The groups are concerned that the heavy metals in the fertilizers could

migrate through the soil, run off into streams, and leach into waterways,

affecting neighboring lands.

" In Oregon alone, over 1.6 billion pounds of fertilizers are used each year,

" said Monk of the Oregon Toxics Alliance. " On a national level, the

cumulative effects of these fertilizers could be staggering. "

Safe Food and Fertilizer, Family Farm Defenders, the Oregon Toxics Alliance,

and the California Public Interest Research Group (CALPIRG) claim that the

" land ban " provisions of the Resource Conservation and Recovery Act (RCRA)

prohibit the EPA from allowing hazardous wastes to be put in fertilizers

that end up on farm fields and home gardens.

While treated wastes may be placed in land disposal facilities, the

facilities must be designed to prevent migration of the hazardous wastes and

have, at a minimum, double liners and leachate collection systems. The EPA's

rule defies this scheme, by allowing hazardous wastes - including untreated

wastes - to be disposed of on farmlands and home gardens.

In 1994, the EPA banned a similar type of practice, in which hazardous

wastes were being used in road de-icing chemicals. The EPA justified that

ban by noting that hazardous wastes could not legally be applied to the land

in an uncontrolled manner.

" The EPA has already recognized that it has no authority to allow this type

of uncontrolled land disposal of hazardous wastes, " said Powers, an

attorney with the Western Environmental Law Center, the law firm

representing the plaintiffs in this case. " This rule will not withstand

judicial review. "