BALTIMORE, MD / ACCESSWIRE / December 29, 2015 / Synagro Technologies is pleased to inform its clients, farmers, partners and stakeholders that the company has won a major legal case in the Pennsylvania Supreme Court (Court) that reaffirms the value of land application of biosolids. On December 21, 2015, the Court unanimously dismissed nuisance and negligence claims brought by the plaintiffs alleging that the odors from fertilizing the farm with biosolids created a nuisance.
Specifically, the Court's decision in Gilbert v. Synagro (Gilbert) held that 1) land application of biosolids is an accepted agricultural activity protected from untimely litigation by Pennsylvania's Right to Farm Act (RTFA); 2) the Plaintiffs failed to bring their lawsuit within the one-year time period allowed by the RTFA; 3) a judge, not a jury, should apply the provisions of the RTFA so that the decision on whether a farmer and its contractors can be sued is made promptly at the beginning of a case; and 4) odors from farms that cross property lines are not a trespass and that a plaintiff cannot complain that nuisance conditions at a farm constitute negligence.
The Court concluded in Gilbert that fertilizing crops and improving soil with biosolids is a normal agricultural practice because it has been pursued successfully across Pennsylvania and the United States for many years. The Gilbert opinion canvassed numerous statistics on the volume of biosolids recycled to farms and noted that Pennsylvania has permitted over 1,500 farms for land application. The Court discussed in particular the City of Philadelphia's long time commitment to biosolids recycling and land application in Pennsylvania. The Court also looked to the recognition of land application as a lawful and regulated practice and decided there could be no factual dispute that farm use of biosolids is a normal agricultural operation protected under the RTFA.
Numerous cities, farmers, trade associations and Commonwealth of Pennsylvania agencies filed briefs supporting Synagro's arguments and played a critical role in the successful outcome of this important case. Synagro thanks in particular the City of Philadelphia, ALCOSAN (Allegheny County/Pittsburgh), the Pennsylvania Farm Bureau, the Pennsylvania Municipal Authorities Association, the National Association of Clean Water Agencies (NACWA) and the Mid-Atlantic Biosolids Association (MABA) for their support and excellent advocacy for biosolids land application.
Steve Cole, Synagro's CEO, commented that, "We are gratified the Supreme Court of Pennsylvania has agreed with us, and the many stakeholders around the Commonwealth, that the Right to Farm Act protects the valuable recycling practice of fertilizing farm fields with biosolids."
Synagro, throughout its history, has devoted significant resources to litigation to defend biosolids land application from tort lawsuits and overreaching local ordinances across the country. These efforts have been successful to date in keeping recycling of biosolids to farmland an economic and sustainable practice for its municipal clients and farmers. The Gilbert case is another landmark decision in favor of biosolids that will resonate across the United States.
About Synagro
Founded in 1986, Synagro provides a system of solutions for civic and commercial organizations that manages by-products to create new, environmentally compelling options. The Company's reliable, lasting system transforms industrial and municipal waste into environmentally sustainable resources that benefit our communities and our planet--before an environmental footprint is left behind. As the largest recycler of organic by-products in the United States, Synagro uses best-in-class processes from beneficial reuse to renewable energy that adhere to the strictest of environmental regulations to provide sustainable solutions for communities across the nation. Serving more than 600 municipal and industrial water and wastewater facilities throughout the U.S., the Company's leading systems of by-product management services help municipalities and industry of all sizes save money and meet environmental regulations
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Contact: Layne Baroldi
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SOURCE: Synagro Technologies