The Herald, Sharon, PA Published Sunday, June 2, 2002

MERCER COUNTY

Reps air their views on sludge spreading

By Sherris Moreira-Byers
Herald Staff Writer

Treated sewer sludge from Allegheny County that was recently spread on a Jackson Township farm has residents near the 800-acre site complaining bitterly about possibly dangerous effects on health and the environment.

In addition, Jackson Township supervisors are concerned about state legislation they fear would limit the rights of townships to regulate the delivery of the sludge that is sometimes called an "agricultural product."

Caught up in the storm is a Senate bill that initially was created to protect the rights of farmers, but now may limit the power of local government.

Senate Bill 1413, co-sponsored by state Sen. Robert D. "Bob" Robbins, Salem Township, R-50th District, was originally created to protect the rights of such large scale businesses as commercial hog and chicken farmers from the passage of local ordinances seeking to prohibit or limit their operations.

The bill's focus later expanded to prohibit local ordinances from "unfairly" discriminating against any agricultural operations. It would penalize anyone who files a so-called "nuisance" lawsuit, including local governments, by authorizing courts to charge court costs and attor-neys' fees to the losers in a dispute.

The bill recently passed unanimously in the Senate but is due to come up for a vote in the state House of Representatives as early as Tuesday.

Locally, state representatives say they are against a bill that would take away power from municipalities.

"I have received correspondence from the Pennsylvania Farm Bureau that they are supportive and urging passage," said state Rep. Rod E. Wilt, Sugar Grove Township, R-17th District. "I have also received correspondence from the State Association of Boroughs that states "that were the proposal to become law, many positive regulatory powers of boroughs . . . may be lost."

Wilt, who represents Jackson Township, added that since the State Association of Township Supervisors has not issued a statement concerning the Senate bill, he would be opposed to it until "a workable compromise between all concerned parties is achieved."

Rep. Dick R. Stevenson, Grove City, R-8th District, concurred.

"I hoped there could be some accommodations made by both sides in the legislation -- meaning that the farm organizations who support the bill could agree that there are certain operations which are not considered to be 'normal' farming operations and could be controlled by local governments," he said.

"Activities like the sludge operation in Jackson Township would fall into this category, in my opinion," Stevenson added. "Local governments should have the right to limit activities of this type."

Several attempts by The Herald to reach Robbins were unsuccessful. A spokesman, legislative aide Nate Silcox, said Robbins was traveling and unavailable for comment.

Silcox said Robbins also was concerned about differing opinions, but felt that there was enough input by state agencies to merit the Senate bill's approval.

"The language had been worked on by the Pennsylvania Farm Bureau and the State Association of Township Supervisors," Silcox said. "He's (Robbins) not going to support anything that's going to erode local control, but it's also important that farmers working legally won't be stripped of their right to farm."

State Rep. Michael C. Gruitza, Hermitage, D-7th District, said his inclination was to go along with state Rep. Camille "Bud" George, Democratic chairman of the House Environmental Resources and Energy Committee, who opposes the bill.

"People should have some say about what's going on in their backyard," Gruitza said. "On the other hand, some of these things will go on."

Jackson Township supervisors will be holding their monthly meeting at 8 p.m. Wednesday in the Jackson Center Fire Hall. They have invited local legislators, and other concerned parties, to the meeting.

Starting at 7:30 p.m., Allegheny County Sanitary Authority and the state Department of Environmental Protection will each be holding a 15-minute presentation. Supervisors said residents will be given an opportunity to ask questions during the meeting.



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