East Penn Township’s efforts to block the use of biosolids, aka sewage sludge, by a local farmer have proven to be unsuccessful.

Class B biosolids were applied in late May at the Cunfer Farm, also known as Never Done Farm, located along Smithlane and Lizard Creek Roads in the township.

Biosolds are the solid matter left over after the sewage treatment process which can be used as a fertilizer. Class B biosolids are allowed to contain some disease-causing pathogens after treatment. Pennsylvania state law allows for them to be used on farms, under certain Department of Environmental Protection regulations.

The township supervisors fought in court for four years to get the farm’s owner to comply with its ordinance regulating biosolids. They filed a suit after residents voiced their concerns about possible negative health effects.

Attorneys for the farm maintained that under state law, they were allowed to use biosolids without the township’s approval.

During the case, a temporary court order prevented the farm from going ahead with the biosolids.

Late last year, the township dropped the case and adopted a new ordinance which said they would comply with DEP’s regulations on biosolids.

While the new ordinance doesn’t give the township the right to regulate the use of biosolids, it does allow them to test them to ensure that the farm is complying with state law.

The township was urged by the state Attorney General’s office to drop its suit because the ordinance was invalid. A similar ordinance in Packer Township was defeated in 2012 and there were unsuccessful efforts by East Brunswick, Schuylkill County, to enforce an ordinance regulating sludge.

The Attorney General’s Office cited that case in a 2019 letter to East Penn.

“East Brunswick realized the inevitable, defending its biosolids ordinance was a lost cause and it realized that it was best to enact the model ordinance to avoid costly, fruitless litigation. The OAG respectfully submits that East Penn should do the same,” Senior Deputy Attorney General Robert A. Willig.