In late February, the combined impacts from two new laws passed by the Maine State legislature in 2022 finally hit home. LD1911 was the bill that banned the “sale or distribution and use” of biosolids-based products on land and LD1639 prohibited the import of oversized bulky wastes (OBW) from out of state.  LD1911 became effective in August 2022 but LD1639 did not become effective until February 8th of this year. The staggering of the effective dates also staggered the impacts from the combination of these two pieces of legislation. Despite behind the scenes efforts to avert the impacts on biosolids disposal, an unsafe situation at the landfill caused a pause in disposal of Maine’s biosolids.

With more biosolids having to go to landfill and less dry, bulky waste coming into the Juniper Ridge Landfill (JRL) located in Old Town, the landfill operator, Casella Resource Solutions, quickly ran out of materials needed to mix with wet wastes like biosolids to ensure the safety and stability of the landfill.  According to industry experts, disposing of wet wastes in landfill generally requires 4 parts dry wastes to 1 part wet waste (see discussions from NEBRA news, 9/30/22: Landfill Capacity in the NE — NEBRA (nebiosolids.org)). The situation has stabilized for now but here’s how it came to be.

Anticipating the combined impacts of the two pieces of legislation, Casella had been working behind the scenes to identify additional bulking agents and outlets outside the region to send the sludges. On February 17th, they filed with the Maine Department of Environmental Protection (MEDEP) for emergency authorization to use its Hawk Ridge composting facility to more efficiently receive and transfer the solids to their ultimate destination.  Casella notified its customers – about 3 dozen water resource recovery facilities (WRRFs) – on or about February 21st, about the situation and expected cost impact, depending on whether the Hawk Ridge request was approved. If not, they could invoke an emergency clause in its services agreement contract and implement an “Extraordinary Rate Adjustment”. On February 23rd, the manager at JRL informed Casella management that the landfill had major structural and safety issues as a result of all the wet wastes being disposed there. Casella had to inform their customers that effective immediately, they would be unable to take sludges at JRL for about a week until the problem area of the landfill could be excavated and repacked.    

In addition to working on the lack of waste for mixing, Casella found other outlets in Canada and began conversations with regulators. On February 24th, Melanie Loyzim, director of MEDEP, sent a letter to Casella with a short-term solution.  MEDEP is allowing Casella to utilize its Hawk Ridge Composting Facility in Unity, Maine, as a “staging area” in order to accept sludges and quickly get the materials transferred for ultimate disposal.  The temporary, emergency approval expires August 31st. Both Casella and Director Loyzim were called to testify before the legislature’s Committee on the Environment and Natural Resources at a hearing on March 8th (see Maine Legislature, testimony begins shortly after 1:10 pm).

According to news reports from the Kennebec Journal, the Portland Press Herald, the Bangor Daily News, and Maine Central, Casella’s outlet in Canada is Envirem Organics, a large recycling facility in New Brunswick. The Portland Press Herald reported that Casella had to drastically reduce the amount of sludges going to JRL by about 60% or 4,000 tons a month in the short-term and 2,500 in the longer-term.  That short-term number translates into 130 truckloads per month being diverted from JRL. Compounding the problem is that these longer distances are translating into driver and vehicle shortages. The weather also didn’t help the situation.

During the hearing, Casella reported on how it had planned for the expected impacts of LD1911 and LD1639. Casella looked around for other landfills, in state and out of state.  They looked for materials to replace the OBW. They increased the amount of sludges being trucked to New Brunswick under an existing relationship Casella had with Envirem. Acknowledging that was not a sustainable long-term solution, especially in light of escalating transportation costs, Casella is actively exploring expanded rail service to send biosolids to landfill or other outlets in states like Ohio, Alabama, and Pennsylvania.  Casella estimated the impacts of LD1911 to be $40 per ton. LD1639 will add another $64 per ton surcharge for WRRFs to dispose of biosolids. 

The Maine Water Environment Association (MEWEA) was very proactive in communicating with its members, working with the Maine DEP, and talking to legislators and the press to ensure WRRF perspectives were considered in short-term solutions.  MEWEA held a virtual Emergency Meeting on March 3rd with WRRF Superintendents. At MEWEA’s request, NEBRA submitted a letter to the Chairs of the legislature’s Committee on Environment and Natural Resources on March 9th offering to share its expertise and advocating for a BioHub to help find long-term solutions.

Mid-term and long-term solutions are still needed to ensure WRRFs have no issues removing solids.  Potential repercussions include permit violations, discharges of solids into receiving waters, and even moratoriums on new sewer connections which is the position the Scarborough WRRF found itself in. Being able to remove solids from the wastewater treatment process is critical for proper operation. The unintended consequence of LD1911 could be clean water permit violations and sludge discharges. Those consequences would be very bad for the environment and the clean water industry.

Sludge storage is generally very limited and a major concern for operators. According to the Kennebec Journal reports, Gardiner has about 4 days storage. Kennebec has an offline tank that could be used – except if there is a rainstorm or snow melt that increases flow to the WRRF through Kennebec’s combined sewer system. Greater Augusta has about 2 weeks of capacity in dry weather.  Portland can go about a month. York also has a good amount of dry weather storage, but that capacity is reduced significantly in wet weather. In addition to possible operational impacts, WRRFs do not want to have to store solids for very long due to odor concerns.  

Then there are the major cost impacts. NEBRA members impacted included Portland, Kennebec, Bangor, and Greater Augusta to name a few.  Here are the current cost impacts as reported in the press: Scarborough: annual biosolids disposal budget increase from $200,000 to $600,000 (200%); Kennebec Sanitary District: will need an additional $553,000 from the ratepayers it serves; Portland Water’s biosolids budget has gone up by $1 Million.  Greater Augusta is looking at a 42% increase and Gardiner is expecting a 64% increase.

The disposal of biosolids from Maine WRRFs has resumed; disaster is averted this time.  But the crux of the problem remains: the lack of options and capacity for biosolids disposal and end uses in Maine and the entire Northeast.  MEWEA and NEBRA are optimistic that policy makers are serious and long-term solutions can be found if all parties work together. Both MEDEP and Casella testified the problem has been brewing for years. Commissioner Loyzim was aware of and mentioned the problems at the Woonsocket incinerator which are sure to reverberate in the regional biosolids market.  At the end of her testimony, Loyzim mentioned that the MEDEP is planning for 1 or 2 regional facilities to process sludge and hoped to present those plans to the legislature soon in order to start discussing how to fund those facilities.