The Senate passed one of three constitutional amendments that would prohibit human waste from being sprayed as fertilizer on fields in northwest Alabama.

But the proposed constitutional amendment affecting Colbert County may get amended.

The Senate, on a 23-0 vote, passed a local Franklin County constitutional amendment that would allow voters to decide whether to prohibit treated human biosolids from being used as fertilizer or a soil additive on land applications.

The sponsor, Sen. Roger Bedford, D-Russellville, said sewage from out of state is being applied to fields in Franklin County, likely because it's cheaper than commercial fertilizer.

The practice has caused controversy from residents who complain about the smell and potential health issues.

"They don't want New York waste dumped on the Franklin County fields," Bedford said. "I've been down there to where they do this. It smells."

Bedford sponsored an identical local amendment for Colbert County, which is on the Senate calendar.

Also, Rep. Jody Letson, D-Hillsboro, is sponsoring an identical constitutional amendment for Lawrence County. That bill is on the House calendar.

Sen. Bobby Denton, D-Muscle Shoals, who represents part of Colbert County, said municipalities have problems with the legislation.

He said his municipalities believe the legislation would also prohibit wastewater treatment plant sludge from being dispersed on fields.

"Our concern is all the utilities in the Shoals either landfill or land-apply sludge," said David Thornton, manager of Tuscumbia utilities. "We have asked Sen. Denton to amend the language so the three treatment plants are exempt."

Thornton said treated sludge is disposed at an approved landfill in Mississippi or by applying it to fields.

He said the biosolids produced at three Colbert County municipal plants is different than the sludge hauled in from out of state.

Bedford said he has no problem amending the Colbert County constitutional amendment, if he can be shown the local sludge is different.

Biosolids are processed at a facility near Leighton. The human waste is brought into Colbert County on rail car.

County Commissioner Roger Creekmore said landowners who live adjacent to property where the biosolids are spread are complaining.

Biosolids are a fertilizer substitute, but Franklin County Commissioner Stratt Byers said people who call him don't want it used.

He said there are health and environmental impact concerns.

A spokesman for the biosolid waste facility company, Synagro, said the company is regulated by the EPA and falls under the oversight of the Alabama Department of Environmental Management.

Dana Beyerle can be reached at (334) 264-6605.