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Graham Township discusses modified biosolid ordinance
Tuesday, November 03, 2009
By Timothy Nebgen Staff Writer
MORRISDALE - Another draft of the local control of sewage sludge ordinance made its rounds at a special meeting of the Graham Township Board of Supervisors last night, although it had been pared down significantly from the original ordinance drafted by the Community Environmental Legal Defense Fund earlier this year.
John Sobel, solicitor for the township, said he had sought to remove the sections of the CELDF ordinance that he deemed were the most likely to be dismissed by the courts if challenged. He cited the original ordinance's language granting rights and civil liberties to ecosystems as one example.
Brenda Spiegle, a resident of the township, said the draft he presented contains language prohibiting corporations from engaging in the application of sewage sludge within the township, but it does not prohibit individuals.
"I thought that was the whole purpose of this," she said.
Sobel explained her interpretation was correct and that individuals could still apply biosolid material providing they meet state Department of Environmental Protection and township requirements.
He also expressed his opinion that the language prohibiting corporations from applying bio-solids was likely to be dismissed by the courts should the ordinance be challenged, but he did not excise it from the draft because he believed the constituents of the township were adamant it should remain.
Sobel later presented information relative to the status of Attorney General Tom Corbett's challenge of the East Brunswick Township ordinance.
He said he'd spoken with the solicitor for East Brunswick and been informed the court has dismissed the township's injunction against Corbett's challenge and that the two parties are currently trying to settle on an ordinance suitable to both constituents and the Attorney General's office.
Sobel said the resulting ordinance will be far less restrictive than the one being discussed for Graham Township and suggested the board reconvene after the East Brunswick affair has concluded. He said they will likely settle the issue in a few weeks, and the result may shed light on what precedents the court will set relative to these types of ordinances.
Sam Carr, chairman of the board of supervisors, asked if there were any confidentiality issues that would prevent Sobel from inquiring as to the cost of the legal actions East Brunswick has taken, and Sobel said there was no reason he could not make that inquiry. Carr directed Sobel to make that inquiry.
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