How will Wicomico County balance farmers vs. neighbors on sludge tank debate?
The Wicomico County Council successfully introduced a bill that could severely limit, if not ban, sludge tanks in the county.
Sludge tanks, also known as Dissolved Air Flotation tanks, are used by agriculture to store animal parts and waste that is later extracted to be used as a cheaper soil amendment to help crops when compared to traditional fertilizer prices.
The proposed bill ranges from banning future open-air sludge tanks or simply stipulating where they can be placed after a number of residents complained of noxious smells, medical issues and longstanding community safety concerns.
Although only the introduction was approved Tuesday evening in a 5-2 vote, the measure was not without controversy as Council President John T. Cannon sided with county attorney Paul Wilber in deeming a proposed amendment to the bill to ban sludge tanks outright was out of order.
"My concern is the legality of it going forward based on our charter. The degree of these changes are so substantial, we could be violating that charter. We haven't given the public the proper notice of what the true bill is and its true intent. There are some portions of it I can see that might not even be legal to state," Wilber said.
Still pending is vital input from the county's legal office to see if Wicomico County even can pass such a bill without triggering a lawsuit. Despite that, the bill now heads to a work session to identify a more succinct and clear version of legislation that answers if the county will ban open-air sludge tanks or just limit where they can be built.
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The final version has yet to be determined, but area farmers took aim at any legislation that could threaten the future of the Eastern Shore's billion-dollar poultry industry.
"One of the things that worries me the most is whether I'm the last generation to farm (my) land," said Sam Parker, an eighth generation farmer in the county. "It won't be because of a decision I make, but rather because of some state or local legislation that puts an end to my family farm. I try to be reasonable and I recognize legislation will come, but keep me and those like me in mind as you move forward."
Council members Ernest F. Davis and Joe Halloway echoed his sentiments noting the robust poultry industry is what makes areas like Wicomico County economically viable.
The Delmarva Chicken Association estimates the wholesale value of chicken produced on the entire Delmarva Peninsula in 2021 was $4.2 billion.
There are currently two sludge tanks in the county. Converting poultry waste into sludge-like fertilizer has been done for more than 25 years on Delmarva. A change banning wintertime application a few years ago resulted in the need for storage of the material.
"Soil amendments and soil conditioners (like the contents of the open-air tank) is an agricultural product that is legal in the state and regulated because it can be applied to land. But to do it effectively, there needs to be storage of that material. As far as preemption, state law comes before local law when it deals fertilizer and its application," Mark Cropper of Ocean City said Tuesday at the meeting.
Others, like county resident Pamela Little who lives in close proximity to the Hebron tank, stated she is not against farming as she publicly opposed the open-air tank and those like it.
"I get migraines from the smell of it and I'm down two to three days at a time and stay inside," said Little. "I don't have anything against farming, and my grandfather was a farmer and lived on a farm. I have a problem with the stench and how it affects our daily lives.
"I don't wish this on anyone, so put it somewhere away from residents," she said.
She called on the county to find a compromise with farmers and their neighbors.
Amid debate by the council as to the legality of such an amendment, Council member Josh Hastings, who has supported a ban, said he would consider a draft of the law that would include using anaerobic digestors to both eradicate the smell and still serve the needs of farmers.
Cannon, despite his nay vote on the passage of bill 2022-10, concluded the meeting saying he is against sludge tanks being placed in Wicomico County and cited the visit to Seaford's Bioenergy Devco anaerobic digestor as "where the technology is going."
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"As the former (Maryland Farm Bureau) president for six years, they called me the 'DAF cop' when it was about application and not a tank," said Charles Wright of Mardela Springs. "This whole issue is a I have a right to farm, but I've got a responsibility to be a good neighbor. I've stood up for the chicken industry, but you can have all the buffers you want for these tanks, but I can smell them sometimes and I'm 5 miles away."
Wright added that those investing in open-air tanks are taking the path "of least resistance" as technology now exists to store sludge without the smell.
What is DAF? Why might it be protected?
Dissolved air flotation is a water treatment process that clarifies wastewaters by the removal of suspended matter such as oil or solids. The removal is done by dissolving air in the water or wastewater under pressure and then releasing the air in a flotation tank basin. The released air forms tiny bubbles which adhere to the suspended matter causing it to float to the surface of the water where it may then be removed by a skimming device.
When animal waste is among the byproducts being processed, it becomes a slurry that acts as a fertilizer as much cheaper price than traditional fertilizer.
While all states have a version of the 1981 Right to Farm Act, Maryland's iteration outlines "measures of security for the established farmer who practices sound best management principles in the day-to-day operation of his/her farm. The laws also put non-farming communities on notice that agriculture is a vital component of the region’s economy."
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The Maryland Department of Agriculture bolsters these laws, noting they exist to discourage neighbors from pursuing nuisance lawsuits against farmers because of odor, dust, noise from field work, spraying of farm chemicals, slow-moving farm equipment or other occasional effects of agricultural production.
Chicken "sludge" can only be applied to crops as a nutrient-rich fertilizer between March 1 and Dec. 15 by law. Because chicken processing plants operate year-round, the legislation has created a greater need for storage until spring, when application can resume.
The gray sludge is used to add organic matter, improve moisture-holding capacity and improve soil structure on farm.
The Neighborhood Action Group, a community organization started by Hebron residents to raise awareness of sludge tanks, says the open-air tank in Hebron can hold 3 million gallons, 23-feet tall, and 147-feet in diameter when its construction was completed in 2021. There is currently no uniform size for such tanks.
The group also contends it is the source of "constant" traffic by industrial trucks. It believes the community was not prepared for the spike in traffic on what it describes as a narrow road leading to the site.
This article originally appeared on Salisbury Daily Times: Wicomico County moves forward with possible sludge tank ban
