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B.C. biosolids maker sued by Texan farmers over animal deaths

Lawsuit claims 含羞草研究社榝orever chemicals含羞草研究社 in fertilizer made by company operating Greater Victoria facility
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The maker and operator of the residuals treatment facility at Hartland landfill is being sued by Texas farmers over the alleged impacte of biosolids. (Courtesy of Synagro)

The company that helps produce the Capital Regional District含羞草研究社檚 biosolids is being accused of its similar products medically harming Texas farmers and fatally impacting their animals.

Synagro Technologies is the majority equity holder of the contractor that built the regional district含羞草研究社檚 residual treatment facility at Hartland landfill. It also has a 20-year contract to operate the facility that makes the dried treated-wastewater granules.

Synagro and its longhorn-state subsidiary are named defendants in a civil suit brought on by Texas farmers in February.

The five Johnson County, Texas, plaintiffs claim their farms were polluted by toxic chemicals in a biosolids-based fertilizer produced by Synagro after a neighbouring property spread the product on its crops.

The farmers allege the fertilizer contained high levels of PFAS (Per- and polyfluoroalkl substances) that made them sick with various illnesses, led to their animals dying, polluted their water and rendered their properties worthless.

PFAS are considered 含羞草研究社渇orever chemicals含羞草研究社 that are linked to cancer and other harmful impacts on humans and animals. The lawsuit claims while the wastewater treatment process removes pathogens and toxic ingredients, PFAS is not removed and they accumulate in the biosolids that Synagro uses to make its fertilizer.

The farmers said that since their land was 含羞草研究社減olluted含羞草研究社 from the fertilizer in 2022, they含羞草研究社檝e experienced PFAS-linked medical issues like high blood pressure, respiratory and cardiac issues, skin irritations, masses and other conditions. Farmers from one farm claimed their dogs, horses, cows and various other animals have died after drinking water polluted by the fertilizer, while another farm had 10 cows die of unknown causes.

含羞草研究社淣ow that their property and only water source is polluted with 含羞草研究社榝orever chemicals,含羞草研究社 they face the stark possibility of having to abandon the home they love and the property they have developed into a working ranch, raising cattle, freshwater fish, and game birds, which may have to be euthanized since they cannot be safely consumed,含羞草研究社 the civil suit states about one farm.

含羞草研究社淭heir property is their main asset which has been rendered worthless.含羞草研究社

The south-of-the-border suit comes as the practise of applying biosolids to the land as a growth supplement remains contentious on the Island. The Capital Regional District doesn含羞草研究社檛 allow the practise beyond Hartland landfill含羞草研究社檚 borders, but has been sending biosolids up Island, where they含羞草研究社檙e being stored for use in a quarry reclamation project.

The CRD board this month moved ahead with possibly sending biosolids to a second quarry site within the Regional District of Nanaimo, even as the board there called on their South Island counterparts to stop sending the product altogether.

含羞草研究社淲e含羞草研究社檙e actually disrespecting our neighbour含羞草研究社檚 wishes,含羞草研究社 Philippe Lucas, founder of Biosolids Free B.C., said in an interview.

As a former Nanaimo resident, Lucas is concerned about contaminants from biosolids leaching into a river that含羞草研究社檚 just a few hundred metres from one of the quarry sites.

含羞草研究社淥f course they含羞草研究社檙e going to find their way into the river and threaten that ecological balance as well,含羞草研究社 he said.

When asked on Tuesday (March 19) about the lawsuit含羞草研究社檚 local connections, the CRD said it will need a few days to provide a response. A spokesperson noted the province regulates what含羞草研究社檚 safe and what isn含羞草研究社檛. The province has maintained that land applying biosolids is safe and environmentally beneficial when done properly.

The Texas farmers含羞草研究社 claim states county officials tested their land and found high levels of PFAS in the soil, surface water and wells used for drinking water. It added the county含羞草研究社檚 Environmental Crimes Investigator detected PFAS in tissue samples from fish and two calves 含羞草研究社 one stillborn and one that died one week after birth 含羞草研究社 from the plaintiffs含羞草研究社 properties.

The suit states the investigator tested Synagro含羞草研究社檚 biosolids fertilizer and found PFAS present. The same official found 含羞草研究社渆xtremely high concentrations含羞草研究社 of PFAS on the farmers含羞草研究社 properties.

B.C. conducted a review of the regulation that deals with biosolids last year, but the government is months behind on providing the review含羞草研究社檚 results, according to CRD staff. Asked if the review looked at the impact of PFAS, a spokesperson for B.C.含羞草研究社檚 environment ministry said experts looked at scientific articles and evidence on contaminants of emerging concern.

Lucas was shocked by the lawsuit and said the CRD contract with the company causes him great concern. But he含羞草研究社檚 more worried about the board seemingly not being made aware of the lawsuit. There was no mention of the lawsuit at the board含羞草研究社檚 March meeting.

含羞草研究社淭here含羞草研究社檚 a lot of unanswered questions around that lawsuit,含羞草研究社 Lucas said. 含羞草研究社淭here is no reason why the CRD board would not know more about this.含羞草研究社

Synagro has hailed itself as the 含羞草研究社渢he preeminent provider of biosolids and residuals solutions services in North America.含羞草研究社 Citing the company含羞草研究社檚 public reports, the lawsuit alleges Synagro recognized its products may have PFAS present in them.

含羞草研究社淥ne of our industry含羞草研究社檚 challenges to move toward a more circular world, is the potential of unwanted substances in biosolids, like per- and polyfluoroalkyl substances (PFAS),含羞草研究社 the company含羞草研究社檚 2022 sustainability report states.

That report noted Synagro does not 含羞草研究社済enerate PFAS or use them in our processes,含羞草研究社 but also said its collaborated with a company on high-temperature pyrolysis to treat biosolids and that 含羞草研究社減rocess may address PFAS.含羞草研究社

Plaintiffs said Synagro knew or should含羞草研究社檝e known about the foreseeable risks of its biosolids fertilizer and that the product was unreasonably dangerous. The farmers are seeking multiple damages, including over $75,000 and whatever else a jury deems proper.

Synagro has not yet responded to a request for comment on the lawsuit.

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About the Author: Jake Romphf

In early 2021, I made the move from the Great Lakes to Greater Victoria with the aim of experiencing more of the country I report on.
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