Five farmers from Johnson County, Texas, have filed a lawsuit against Maryland-based Synagro Technologies Inc. and its Texas affiliate alleging that Synagro’s biosolids fertilizer was applied to a neighbor’s farm and that it contained high levels of PFAS (per- and polyfluoroalkyl substances) that poisoned the plaintiffs, killed their livestock, polluted their water, and rendered their property worthless.
The plaintiffs claim Synagro’s biosolid fertilizer was produced from sewage sludge that Synagro purchased from the water treatment plant serving the City of Fort Worth, Texas. They say Synagro makes approximately 26,500 tons of fertilizer each year at that location and claims to have approximately 1,000 such contracts with water treatment plants across North America, managing 6.5 million tons of biosolids annually.
The suit, which was filed in the Circuit Court of Baltimore County, Md., alleges that Synagro falsely markets its biosolids fertilizers as safe and organic and failed to warn purchasers of the risks associated with PFAS exposure. PFAS are also known as forever chemicals.
“Similar instances of PFAS poisonings of farms, dairies, and ranches have occurred in several states,” said Public Employees for Environmental Responsibility (PEER) Science Policy Director Kyla Bennett, a scientist and attorney formerly with the US EPA. She noted that Maine has outlawed land application of biosolids after more than 60 farms were found to have unsafe levels of PFAS contamination.
“This lawsuit against Synagro will likely be the first of many,” she said. “Although civil and criminal sanctions at both the state and local levels are available, the PFAS biosolids problem calls for a national solution.”
Bennett said Johnson County, Texas, has also opened a criminal investigation into Synagro over these events. “Unfortunately, EPA has yet to act to protect consumers and farmers from these avoidable toxic exposures,” she said.
Synagro had not responded to inquiries at press time.