PA Supreme Court Strikes Down Key Portions of Local Biosolids Ordinance

On 11-25-03, in the case of Hydropress v. Upper Mount Bethel Township, the Pennsylvania Supreme Court upheld two lower court decisions that found key portions of a local biosolids ordinance invalid. Hydropress Environmental Services, Inc. sought to land apply biosolids in Upper Mount Bethel Township but filed suit after the Township passed a biosolids ordinance that required a fee for road improvements purportedly related to traffic from transporting biosolids and required a substantial bond to guarantee the land applier's performance of its obligations under the local ordinance. Hydropress successfully challenged these two provisions of the ordinance in the Pennsylvania trial court and intermediate appellate court.

The Township appealed to the Pennsylvania Supreme Court. In its decision last week, six of the seven justices of the Pennsylvania Supreme Court ruled that under Pennsylvania law, townships do not have the authority to require road improvement fees or performance bonds related to land application of biosolids. The justices split three to three on whether the Pennsylvania Solid Waste Management Act preempts generally the ability of Pennsylvania localities to regulate biosolids. The seventh justice argued that Hydropress did not have standing to bring its suit because it had not yet secured a state permit to land apply biosolids in the township.

The justices looked specifically to state laws governing biosolids to infer that the state, and not localities, possessed the authority to require the posting of financial security for land application. It therefore is likely that Pennsylvania localities that attempt to legislate regarding biosolids in a way that conflicts with, or is more onerous than the state program, could also be struck down, under the rationale announced by the Pennsylvania Supreme Court.   

	Related Docs
	PA Supreme Court Opinion Announcing the Judgment

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