Industries have found an inexpensive way to dispose of their hazardous wastes, and state agencies are under increasing pressure to authorize the practicing of spreading hazardous waste on agricultural land to reduce the overall amounts of waste that must be stored in landfills. In 2001, three Western states, Oregon, Washington and California, adopted regulations establishing “acceptable levels” of heavy metals in fertilizer. However, all three states fell far short of protecting the environment and the public’s health. Instead of addressing this growing problem, they refrained from banning toxic heavy metals in fertilizer, and hence failed to close the loophole whereby these hazardous substances are introduced to the environment. They also failed to require labeling of ingredients derived from hazardous waste. Further exacerbating the problem is the fact that, once hazardous wastes are made into fertilizers, they are exempted from the tracking manifests ordinarily required by state authorities.

A year ago, Governor Kitzhaber signed into law House Bill 3815, Oregon’s first comprehensive revision to its fertilizer law in 50 years. The legislation proposes to allow “acceptable” concentrations of five heavy metals in fertilizer products. In a nutshell, what HB 3815 does is permit and encourage adding hazardous waste to fertilizer under the rubric of “recycling.” However, it fails to protect human and environmental health by permitting high levels of persistent toxins in fertilizer products. Presently, the Oregon Department of Agriculture (ODA) is convening a committee of stakeholders to advise them on the writing of rules pertaining to HB 3815 to establish labeling guidelines and presumed “safe” levels for heavy metals in fertilizer based on risk assessment. The committee will issue its report this summer.