Supreme court upholds Pittston sludge mandate

PORTLAND – A sharply divided state supreme court Monday upheld a Pittston town ordinance that prohibits disposal of septic tank sludge by spreading it onto land.

In the 4-3 ruling, the Supreme Judicial Court set aside a lower court decision that found that Pittston’s ordinance was illegal because it was pre-empted by state law governing disposal of “septage” and other wastes.

The supreme court’s majority declared that the ordinance lies within the police powers granted to towns under “home rule” statutes.

The legal battle developed out of an attempt by Jerald Smith, of Smith’s Septic Service in Gardiner, to win permission to spread septage on nearly 25 acres of property along the Hunts Meadow Road.

As Smith went through the process of obtaining a Department of Environmental Protection disposal permit, the town approved a series of ordinances to ban septage spreading.

Under state law spelling out municipal powers and duties in regulating septage disposal, towns must allow individuals to provide disposal sites, subject to state and local regulation.

The supreme court majority reasoned that the Pittston ban did not close the door to private disposal efforts because the law spells out alternatives to septage spreading, such as adding septage to wastewater treatment facilities or composting dewatered septage.

The dissenting justices disagreed, saying the ban illegally thwarts the Legislature’s intent to foster the creation of affordable, environmentally suitable private septage disposal sites.

“To be charitable, the court’s suggestion that Smith could build a private wastewater treatment facility is, at least, impractical,” the minority opinion stated.

Part of Smith’s property borders the Eastern River, and town officials said there was concern that use of the land as a septage site might contaminate the water.

Alan Philbrook, who heads the committee that drafted the Pittston ordinance, applauded the court’s decision and said it likely would prompt other small towns to take similar steps to protect the environment.