Toxins in—Toxins out: A Commentary

The Province of Ontario has just come out with proposals to change the waste regulations for the production and use of compost. The front page of the Toronto Star this Saturday declared that the Star investigative report on the production and distribution of illegal poor quality compost from several Ontario cities has resulted in a 'crackdown' on compost by the Province.

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In fact, the opposite has happened. The Province is proposing to weaken most of the regulations that are currently in place to safeguard our soil by ensuring only quality composts are used on farms and landscaping. The Province is again allowing contaminated industrial and municipal wastes and residuals access to cheap disposal into 'products' and 'composts' by weakening the current protective requirements. Toxins into compost makes toxic compost: The biggest change is that the proposed regulations allow much more toxic ingredients into composts that are distributed to the public: Comparison of maximum concentration of toxic metals in compost inputs Current limits on compost for unrestricted distribution compared to the proposed limits for the 2 proposed compost categories for unrestricted distribution ( Class AA and Class A Compost)

Toxic metal in mg/kg	Current limit compost inputs	Proposed limit Class AA inputs	Proposed limit Class A inputs
Arsenic	13	75	170
Cadmium	3	20	34
Chromium	210	1060	2800
Cobalt	34	150	340
Copper	100	760	1700
Lead	150	500	1100
Mercury	0.8	5	11
Molybdenum	5	20	94
Nickel	62	180	420
Selenium	2	14	34
Zinc	500	1850	4200

Expressed in mg/kg (or ppm) Because the proposed Compost Guideline would allow composting facilities to take inputs that are about 10 times more toxic than the current guidelines, that means that the compost will be used to dilute toxic compounds, contaminated soils, and other undesirable high toxicity, high tipping fee waste inputs. The current standards are more protective, since it encourages the use of only clean inputs, like leaf and yard waste, food and restaurant waste. Clean inputs make for clean composts.

Impact on the industry

When composting companies are allowed to take more toxic inputs they can now approach industries that have more toxic wastes--like pulp and papermill waste, contaminated and dredged soils, and other industrial wastes. These more highly contaminated wastes generally bring a much higher tipping fee to the composter than the clean inputs. So composting companies that take only clean inputs will be suffering financially compared to those companies that take the more toxic compost inputs. It is a 'beggar thy neighbour' policy. The greatest financial rewards will go to companies that take the high tipping fees associated with more contaminated inputs--and will put as much of these inputs into the compost as allowed ...as opposed to making the best least toxic compost possible.

Sewage sludge and raw human waste in compost for unrestricted distribution

There is nothing in the allowable levels of toxic metals that would stop a composting company from using sewage sludge or septage as an input. The draft document suggests that human waste not be allowed into Class AA sludge but allowed in Class A sludge. Since there is no toxicity parameter that supports that decision--it stands to reason that it will not likely stay as part of the regulation since there is no scientific support or rationale for this exception. Industry will easily overturn this sop, since it is inconsistent with the whole thrust of the changes...to use compost to dilute toxins and allow them onto farms and into the marketplace soils. This proposal is another retrograde step--back to undisclosed use of sewage sludge on farm fields. In September of this year the Ontario changed sludge regulations. They have decided that sewage sludge is not a waste...it is a 'nutrient'. It does not need a waste permit to truck it. It does not need a waste permit to spread it on farm and food land. It will need a Nutrient Management Plan. But under this compost proposal--composted sewage sludge will NOT need a waste permit and it will not even need a Nutrient Management Plan--since the sludge compost will not trigger the requirement under the Nutrient Management Act. Yes...while the province is telling us to 'eat fresh ..eat local' , and even 'eat organic' they are promoting the use of sewage sludge toxins in undisclosed locations on farmfields and home gardens.

The Ontario Government's History of Shameful Soil Contamination Policies

(all references below)

• Province ignores report of Expert Panel of Paper Mill Sludge Soundsorb 2004
• Compost allowed higher levels of toxic metals 2004,
• Sewage Sludge not a 'waste' but a 'nutrient'--Nutrient Management Act Sept 2009
• Now Compost can use highly contaminated inputs and distribute sludge and resulting compost without any regulation
• no regulation under Environmental Protection Act
• no regulation under Nutrient Management Act
• not even a permit for the composting site itself

Part of this deregulatory thrust is to rename things to make them sound benign: Paper sludge renamed 'paper fiber biosolids' Sewage sludge renamed first 'biosolids', then 'non agricultural source material' or NASM Toxic metals (heavy metals) are renamed 'trace elements' (to imply the levels of these toxins are low)

Compost proposal is directly opposite to other Ontario policy initiatives

Toxics Reduction Act The Province has recently passed the Toxics Reduction Act .... An initiative to reduce toxins in the province. The purposes of the Bill are to prevent pollution and protect human health and the environment by reducing the use and creation of toxic substances, and to inform Ontarians about toxic substances. So why is the Province proposing to allow the use of toxic compounds in freely distributed composts? Green Energy Act This year the Province passed the Green Energy Act--which promotes the use of waste residuals into fuel for renewable energy. Surely replacing dirty coal with clean renewable energy is a much more sustainable way to manage toxic residuals than peppering them into our farm soils and home use composts.

Star needs to keep investigating!

The Star did a great job of investigating illegal toxic compost production earlier this year. But they have obviously not understood the proposed regulatory changes. For instance they claim that the province is proposing to address the problem with toxic salts in compost. They aren't requiring the compost to be less salty--the Province is proposing to raise the allowable level of salt from a maximum 3.5 ms/cm to 4 ms/cm.

Proposed Compost Regulations will not require enforceable waste permit

(no Certificate of Approval--just self enforcing 'permit by rule') The Province is proposing to enact these compost rules not by issuing enforceable waste permits to composting companies (as is currently required), but by allowing 'permit by rule'. This means that the composting companies are supposed to act like they are under an enforceable waste permit when in fact no such permit exists. And--the province is proposing to allow all kinds of toxic residuals to be added into the composts used on farmland and home gardens. While its true that they have not provided comparison tables, and have made the proposals unbelievably complex to understand--we all need to ask for what we want: Compost companies that must use only clean inputs to make only clean composts for use on farm land, food land, and our gardens. Sources: Current Ontario Compost Guidelines Proposed Ontario Compost Guidelines Environmental Registry Posting of Proposed Changes to Compost Regulations: Increased toxic levels allowed in Ontario Compost in 1994 Sewage sludge is no longer a waste but a 'nutrient' in Ontario They don't even call it sewage sludge. They call it 'NASM'--non agricultural source material. Ontario ignores the recommendation on paper sludge--even composted, experts say it should remain under a waste permit: Maureen Reilly runs Sludge Watch. Maureen can be reached at: maureen.reilly@sympatico.ca

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