New York lawmakers consider moratorium on biosolid fertilizer amid contamination concerns

New York legislators are weighing a five-year moratorium on the use of biosolids — chemically treated sewage sludge used as fertilizer — following a contamination incident that affected residential water wells in Albany County.

The proposal, introduced by state Senator Pete Harckham and Assemblywoman Anna Kelles, comes after the Albany County Department of Health linked E. coli contamination in the well of New Scotland resident Ryan Dunham and several neighbors to biosolid application on nearby farmland. The county imposed a temporary 90-day pause in January, but residents are pushing for broader state action.

Dunham reported a foul odor and brown, foul-smelling shower water before testing revealed bacterial contamination. “You live somewhere for 21 years and 20 of the years you have no problem,” Dunham said. “All of a sudden, they start spreading something different and you immediately have a problem.”

If passed, the legislation would make New York the second state, after Maine, to impose a statewide restriction on biosolid use. Concerns have intensified nationally as studies continue to detect polyfluoroalkyl substances (PFAS) — persistent, bioaccumulative chemicals — in sewage sludge. PFAS exposure has been linked to cancer, reproductive disorders, and other health issues.

“This seemed like an elegant solution — give nutrient-rich waste to farmers,” Harckham said. “We now know better. How do we protect our farmers, our drinking water, and public health?”

The bill would mandate screening for PFAS at wastewater treatment facilities and require environmental testing on lands already treated with biosolids. It also proposes a task force to assess disposal alternatives and advise on long-term policy.

Beyond PFAS, biosolids may retain bacteria, parasites, and heavy metals after treatment. A 2013 University of North Carolina study cited in the bill reported that 75% of people living near biosolid-treated farms experienced health symptoms such as burning eyes, rashes, nausea, and respiratory irritation.

The legislative push follows broader regional concerns, including suspected pollution of the Vly Creek Reservoir — Bethlehem’s primary water source — which is near the New Scotland site. Local wells within a mile of the reservoir have tested positive for E. coli.

Supporters of the bill include the Northeast Organic Farming Association and many dairy producers. Kelles emphasized the need to protect farmland from chemical accumulation. “PFAS… create brownfields, superfund sites,” she said. “We don’t want to use our bodies and our farmland as trash cans.”

Residents have begun investing in home water treatment systems. Todd Gray, another affected homeowner, installed an ultraviolet system, while others, including Brian Bailey, have spent hundreds of dollars on filtration.

With only days remaining in the legislative session, and much time consumed by budget talks, it is unclear whether the measure will advance this year. If not, Harckham said it would be prioritized in the next session.

“I think there really has to be zero tolerance for this,” Gray said. “The experiment has been done and we see what the result is.”