In 2023, Maryland sewage treatment facilities began uncovering alarming issues. Hazardous “forever chemicals” were detected in the state’s wastewater, with many being converted into fertilizers and distributed across agricultural land.

To safeguard its food and drinking water, Maryland has started to limit the application of fertilizers derived from sewage sludge. Meanwhile, Synagro, a prominent manufacturer of sludge fertilizers, is seeking approval to expand their usage across state lines in Virginia.

Environmentalists, fishing associations, and some farmers are opposing this movement, arguing that the pollution poses a significant risk to farmland and delicate waterways that nourish the Potomac River.

“These sewage sludge fertilizers are coming to Virginia because they’re deemed unsafe for Maryland farms,” stated Dean Naujox from the Potomac Riverkeeper Network, who advocates for clean water. “This is unacceptable.”

Virginia is finding itself entangled in a rising national trend as it scrambles to address the spiraling farmland pollution crisis.

In Virginia, Synagro, a key player in providing sludge for fertilizer, is requesting permission to increase its sludge applications in rural areas, based on local accounts. Synagro operates under the Goldman Sachs Investment Fund.

In a statement, Kip Cleverley, Synagro’s Chief Sustainability Officer, noted that the presence of trace levels of PFAS does not necessarily indicate contamination. He emphasized that the company’s expansion into Virginia is independent of Maryland’s guidelines.

According to industry reports, over 2 million tons of dry sewage sludge were utilized on 4.6 million acres of farmland in 2018. Farmers estimate they have secured permission to apply sewage sludge on nearly 70 million acres, or about one-fifth of U.S. agricultural land.

However, increasing research indicates that this black sludge, also known as biosolids, may contain perfluoroalkyl substances or substantial levels of harmful PFAs, resulting from wastewater from homes and industries. These chemicals are believed to heighten the risk for certain cancers and lead to birth defects and developmental delays in children.

For residents in areas like Virginia Gardens, the historical birthplace of George Washington, the threat feels doubly unjust. Much of the biosolids delivered across state lines originate from major urban areas like Baltimore.

The pollution that locals fear flows off farmlands into nearby rivers and streams, endangering farmers and watermen who rely on these resources.

“Water runs off the farms into the waterways,” explained Leedale, a seventh-generation waterman and owner of the Northern Neck Oyster Company, as he navigated his oyster boat through the winding tributaries of the Potomac. “And we’re experiencing substantial rainfall this season.”

His concerns are substantiated. New research published in Nature indicates that PFAS in sludge used as fertilizer can contaminate both farmland and adjacent rivers and streams.

“That stream could be part of your drinking water supply, and downstream, contaminants could accumulate in fish,” remarked Diana Oviedo Vargas, a researcher at the nonpartisan Stroud Water Research Center, who led the federally funded study. “There’s a lot we are yet to understand, but these pollutants are unquestionably reaching our surface waters.”

This presents a complex issue. While sludge fertilizers are nutrient-rich and significantly reduce the need for incineration or landfill disposal, they also counterbalance the use of synthetic fertilizers derived from fossil fuels.

Nevertheless, studies have shown that sludge can harbor pathogens and chemicals like PFAs. Synthetic PFAS compounds are commonly found in everyday items such as non-stick cookware and stain-resistant carpets, and are associated with various diseases.

The EPA regulates several pathogens and heavy metals in sludge used as fertilizers but has not established regulations for PFAs. This year, the EPA issued its first warning regarding health risks linked to PFAs in sludge fertilizers. The Biden administration also introduced the first federal drinking water standard for PFAS, asserting that virtually no safe level of these substances exists.

The absence of federal regulations regarding PFAs in sludge has shifted responsibility to states, leading to a jumble of regulations and the transfer of contaminated sludge into areas with less stringent oversight.

Maine banned the use of sludge fertilizers in 2022, resulting in some sludge being shipped out of state as local landfills could not accommodate it.

Maryland has temporarily halted new permits for sludge use as fertilizer. The Maryland Department of the Environment has also mandated PFAS testing at all sewage treatment facilities statewide. Despite treatment processes, contaminants have been detected in both wastewater and sludge, and while protocols are in place, guidelines are being established to report and dispose of high-PFAS sludge amounts.

In Virginia, groups against the importation of Maryland’s sewage are advocating for state-level PFAS regulation in sludge.

Meanwhile, data from Virginia shows that sludge from Maryland is already being transferred. An analysis by the Potomac Riverkeeper Network indicates that biosolids from 22 Maryland wastewater treatment plants have been approved for use as fertilizer in Virginia, all reporting PFAS contamination.

In Westmoreland County, Synagro is dealing with sludge from 16 plants in Maryland, all indicating PFAS contamination.

In December, Synagro applied for a permit expansion to use sludge on an additional 2,000 acres of farmland in Westmoreland. Following local feedback prompting a hearing, Synagro withdrew the application but is expected to reapply.

In Essex County, Synagro seeks to increase sludge applications over another 6,000 acres, raising this area by a third, according to their permit application.

Cleverley from Synagro assured that the biosolids applied in Virginia comply with Maryland’s PFAS standards.

Irina Karos, a spokesperson for the Virginia Department of Environmental Quality, mentioned that Virginia hasn’t seen a significant increase in the amount of Maryland biosolids applied. The state is still evaluating the request for Synagro’s expansion.

Karos also stated that Virginia is unaware of any biosolids from Maryland exceeding the recommended PFAS levels. Environmental organizations counter that verifying this is challenging.

Maryland spokesman Jay Apperson emphasized that the state’s guidelines and testing protocols aim to assist utilities and farmers while prioritizing public health.

Rob Hinton, a fourth-generation farmer at Cedar Plains Farm in Heathsville, Virginia, has cultivated corn, soybeans, and other crops for 45 years. He worries that farmers in the Northern Neck are not receiving fair treatment.

“It’s tempting when people offer something for free or nearly free. I don’t blame farmers for considering it,” he remarked. “But it’s these large cities that are sending their waste to us.”

“I learned about PFAS only after discussing it with friends in the waterman community,” he shared. “I’m unsure whether Virginia has conducted adequate testing.”

Synagro actively engages with farmers and local residents. During a presentation in March, Synagro representatives, alongside Virginia Tech researchers, shared data suggesting that the PFAS levels from sludge fertilizers were significantly lower than the levels indicated in previous studies, similar to slides reviewed by The New York Times.

Synagro stated it cannot provide comprehensive research verifications since the company isn’t directly involved. The Virginia Tech researchers mentioned did not respond to requests for comments.

At a Virginia Water Management Board meeting in March, Bryant Thomas, the state’s Environmental Quality director, reported receiving 27 public comments on Synagro’s proposal to expand sludge use in Essex County. Of these, 26 expressed concerns regarding the impact of sludge on public health and wildlife, particularly shellfish.

The board subsequently requested further investigation and a report from the agency.

“I find it interesting that while Maryland is revising its regulations, they are still sending biosolids to us in Virginia,” remarked Waterboard Chair Lou Anne Jesse Wallas in an interview. “We in Virginia must remain vigilant to protect our water and our citizens.”

Experts believe Maryland’s approach is a constructive first step. However, a bill introduced to further restrict PFAs in biosolids failed at the last moment. “We are concerned about the regulatory patchwork between states,” expressed Jean Zhuang, senior attorney at the Southern Environmental Law Center, an environmental nonprofit. “The federal government needs to step up.”

President Biden was poised to propose regulations limiting the discharges of PFAS by industrial facilities into wastewater. The Trump administration had previously rolled back this proposal but has recently indicated it may establish its own wastewater restrictions.

In the southern regions, the center is actively urging wastewater treatment facilities to demand local factories and industries clean up their wastewater before it reaches treatment plants. This would compel industries to manage contaminants at their sources or potentially eliminate the use of PFAs altogether, according to Zhuang.

“If a wastewater treatment plant takes action, then the industry will bear the costs of its pollution,” she noted.

On a recent evening, waterman Michael Lightfoot checked on a wire mesh cage of oysters raised in Jackson. He resides with his wife, Phyllis, in the creek. After nearly three decades in federal service, he retired in 2012 and has dedicated himself to waterman activities ever since.

Lightfoot is part of the ongoing oyster cultivation surge in Virginia, recognized as the top oyster producer on the East Coast and one of the largest in the nation. However, his proximity to the polluted farmland raises considerable concern for him. “There aren’t any farms in our waterways that aren’t discharging runoff,” he stated.