The Battle Over Biosolids: Brevard Halted New Sewage Sludge Applications

Stel Bailey | Journalist & Environmental Health Advocate

Biosolids are the semi-solid byproduct left after wastewater treatment. In Florida, utilities often dispose of them by spreading them across farmland as a soil amendment. While marketed as a cost-effective fertilizer, biosolids can carry troubling baggage: excess phosphorus that fuels toxic algae blooms and persistent industrial chemicals like PFAS, known as “forever chemicals” for their inability to break down in the environment. Traditional wastewater plants are not equipped to remove these contaminants, meaning they are left to accumulate in the sludge and, once applied, seep into fields, groundwater, and waterways.

What is “sewage sludge”

  • Biosolids are the treated solids left after wastewater treatment. In Florida, utilities can land-apply biosolids as fertilizer/soil amendment under state rules (Chapter 62-640, F.A.C.). While treatment reduces pathogens, biosolids can retain nutrients (especially phosphorus) and industrial chemicals like PFAS that conventional plants aren’t designed to remove. FDEP
  • PFAS are a large family of persistent chemicals linked in studies to cancers, immune effects, and developmental impacts. Florida DEP has a statewide PFAS program, including provisional cleanup target levels for PFOA and PFOS, but routine PFAS monitoring is not required for biosolids land-application sites under current rule. FDEP+2FDEP+2

The Indian River Lagoon has long been a jewel of Florida’s east coast, but in recent decades, it has been choking under nutrient pollution. Rainstorms wash phosphorus from fields treated with sludge into canals and tributaries, where it feeds massive algal blooms that deplete oxygen and smother seagrass beds vital to manatees, fish, and other wildlife. Local concerns intensified when testing around sludge application sites in Brevard showed not just nutrient overloads but traces of PFAS, raising the alarm that biosolids were not only degrading ecosystems but also introducing chemicals linked to cancers, immune disorders, and developmental problems in humans.

How sludge threatens Florida waters

  1. Nutrient loading (phosphorus): When biosolids are spread on fields, rain can wash phosphorus into ditches, creeks, and the Indian River Lagoon, fueling algal blooms and fish kills. Local reporting and county actions in 2025 specifically cited concerns about high phosphorus from sludge applications. Yahoo
  2. PFAS contamination: PFAS can leach from fields or move with runoff. A national Waterkeeper Alliance study (2025) found higher PFAS levels downstream from sludge sites 95% of the time, underscoring the transport risk to surface waters. Florida advocacy groups have urged the state to require PFAS testing of biosolids. The Guardian
  3. Regional signals: Research around the Banana River and Indian River Lagoon has documented PFAS detections in recent years, highlighting regional susceptibility, even before any targeted sludge sampling. 

Prompted by these warnings, the Brevard County Commission took action. In 2020, the county began sampling biosolid application sites such as Deer Ranch Park. The results underscored the risks, leading commissioners to impose a temporary moratorium on new applications. This pause was renewed multiple times and, in May 2025, extended again, effectively buying time for the county to confront the unfolding evidence and consider stronger long-term safeguards. The ordinance does not override existing state-issued permits, but it does stop new sludge projects from moving forward.

Florida’s Department of Environmental Protection does regulate biosolids under Chapter 62-640 of the state code, requiring pathogen reduction and nutrient management plans. Yet the rules contain a glaring omission: no requirement to test or limit PFAS in land-applied sludge. While the state has set provisional cleanup targets for PFAS in groundwater and soil, it has not addressed the chemical at its source. This policy gap is why advocates in Brevard and beyond are pressing for urgent changes, warning that without PFAS monitoring, the cycle of contamination will continue unchecked.

The Brevard moratorium reflects a growing national trend. States like Maine have already banned sludge spreading after discovering widespread PFAS contamination on farms. National watchdog groups report that 95% of sampling sites near sludge application fields show higher PFAS levels downstream, highlighting the mobility of these chemicals through water and soil. For Florida, where the health of the Indian River Lagoon is already fragile, the stakes could not be higher.

What Florida law covers today—and the PFAS gap

  • Florida’s biosolids rule (62-640) governs pathogens, metals, application rates, site setbacks, and nutrient management plans. It does not currently impose PFAS monitoring or limits for biosolids, even as the state tracks PFAS in drinking water and sets provisional cleanup targets for groundwater/soil. That mismatch—PFAS oversight for water and soil, but no PFAS requirement at the biosolids source—is a core policy gap advocates want closed. FDEP+2FDEP+2

For the residents who first raised their voices at county meetings, the moratorium is a vindication of grassroots advocacy. Their testimony connected sludge to water-quality crises, pushed for testing, and drew attention to the invisible chemicals making their way into Brevard’s environment. Now, with the moratorium in place and a spotlight on the state’s regulatory gaps, the question is whether Florida will take stronger action before the damage becomes irreversible.

Key dates in Brevard

  • 2018–2022: Initial county action and early moratorium steps amid Lagoon crises; draft ordinance language set the template for 1-year moratoriums with possible extensions. Doc
  • 2024–2025: Local advocates highlight PFAS risks; county sampling referenced; Commission extends moratorium for another year (adopted May 6, 2025, effective July 8, 2025). Applied Ecology Inc+2brevardfl.legistar.com+2





Recommendations for Brevard (policy & practice)

  1. Require PFAS testing of any biosolids proposed for land application in Brevard (at least for PFOA, PFOS, GenX, and precursors), and publicly post results alongside nutrient data. Use DEP’s provisional CTLs and evolving EPA/HHS health benchmarks to flag risk. FDEP
  2. Tighten nutrient controls: mandate agronomic rate verification, wet-season application bans, and runoff setbacks tailored to local hydrology feeding the Lagoon. (The 2025 petition to DEP highlighted excessive phosphorus as a central concern.) Yahoo
  3. Track outcomes: expand storm-event sampling at ditches and tributaries below any fields historically used for sludge; include PFAS and phosphorus. Summaries like the Applied Ecology dashboard should be backed by downloadable datasets. Applied Ecology Inc
  4. Evaluate alternatives: consider thermal destruction options with PFAS controls, or divert biosolids to non-land-application outlets while state standards lag. (Note: PFAS control at incinerators requires advanced air pollution capture to avoid re-emission; evaluate carefully.) Inference based on PFAS persistence; ensure technology review before adoption.
  5. Coordinate with FDEP rulemaking: use the moratorium window to petition DEP for PFAS screening and nutrient-loss controls statewide, with the Lagoon designated as a priority protection area under 62-640 updates. FDEP

Appendix: Sources & documents

  • Brevard County—Moratorium extension (2025): agenda file & ordinance text (effective July 8, 2025). brevardfl.legistar.com+1
  • Prior moratorium ordinance template (2022): framework and expiration/extension language. Default
  • Florida DEP biosolids rule page (62-640) and PFAS program/CTLs. FDEP+1
  • Regional PFAS context (Banana River/IRL). Florida Today
  • Independent analyses & advocacy: Waterkeeper national PFAS/sludge study (2025); St. Johns Riverkeeper overview; statewide policy brief (2025). The Guardian+2St. Johns Riverkeeper+2
  • Local sampling summary: Applied Ecology—Brevard biosolids/PFAS sampling overview. Applied Ecology Inc

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