P. O.
Box 539
Ophelia
VA 22530
June 6,
2002
Dr. R.
B. Stroube, State Health Commissioner
Department
of Health
P. O.
Box 2448
Richmond
VA 23218
I
am gratified that your letter of March 18, 2002, acknowledges that you accept
that birds, especially gulls, are vectors of bacterial contamination of
waterways. Attached is a bibliography of
peer-reviewed scientific publications, which I am sure is incomplete,
supporting that incontrovertible fact. It is obvious, and not requiring
scientific “proof”, that birds which land in water after foraging on fields to
which Class B sewage sludge has been land-applied, will contaminate that water
with bacteria from the sludge through simple physical transport, and possibly
through their feces.
Enclosed are two photographs taken
on March 28, 2002, between 10:30 and 11:30 AM, from VA 653. The field is east
of VA 3, between Warsaw and Lyells, in Richmond County. The site is less than 2
miles from Totuskey Creek, an impaired waterway restricted for the harvesting
of shellfish. Sludge had been spread on this field the previous day. As
incorporation proceeded, Herring Gulls (Larus argentas) landed behind
the tractor and foraged actively, while other birds slept in furrows that had
been previously disked. I counted more than 400 birds.
Photograph A shows a flock of approximately
200 birds “sleeping” in the foreground, while in the background more birds are
actively foraging behind the tractor.
Photograph B, taken somewhat later, shows the long stream of birds behind the tractor,
while the flock of “sleeping” birds remained in the field (upper right). I
trust you will retract your previous contention (Dec. 21, 2002) that VDH “… has
not observed any significant bird activity on land application sites either
during or following these operations…” as being due to VDH’s lack of
observations, not the absence of birds. As every farmer knows, “Birds follow
the plow.”
You objected to my assertion of
02/28/01 that “there are very few counties in Virginia where the Division of
Shellfish Sanitation imposes harvesting restrictions and where permits
for land application of sewage sludge are granted.” The following data confirm
that assertion. Data for land application of sludge in 2000 are from the most
recent EPA Inspector General’s report, which can be found online at
www.whistleblowers.org/OIGFinalSludgeReport.htm. This second IG report is even
more highly critical of EPA’s, and by extension, VDH’s policies regarding the
land application of sewage sludge than was true of the first IG report.
Impairments, and restrictions on the harvesting of shellfish, are from
www.epa.gov/owow/tmdl
.
County dry tons sludge spread waterways impaired
Northumberland 0 38
Westmoreland 17185 25
Lancaster 0 24
King George 6203 8
Richmond
1612 4
Essex
5958 3
King William 14744 2
Sewage
sludge is not the cause of shellfish closings, which are almost certainly due
primarily to bacterial contamination by wildlife. But the land application of
sewage sludge unquestionably worsens an already unsatisfactory situation. By
granting permits for the land application of sewage sludge in these counties,
VDH sanctions the import of exceedingly high numbers of fecal coliform bacteria
(as well as other potentially dangerous microbes such as Salmonella)
into areas where shellfish closures and EPA impairments exist because of high
concentrations of those same bacteria. This is not only a violation of common
sense, but a clear violation of the Code of Virginia (§ 32.1 164.5), which
requires VDH
“…to ensure that……(ii) land application, marketing
and distribution of sewage sludge is performed in a manner that will protect
public health and the environment, and (iii) the escape, flow or discharge of
sewage sludge into state waters, in a manner that would cause pollution of
state waters, as those are defined in § 62.1-44.3, will be prevented.”
Yours sincerely,
Dr. Lynton S. Land
cc: DEQ#; EPA#; Gov. Warner; Del.
Pollard; Sen. Chichester; Sen. Bolling#; Rep. Davis; Sec. Murphy#;
Sec. Woods#; Northumberland County Board of Supervisors; Doug
Jenkins. (#Includes
cover letter).
