TANK LEAK COVERAGE

In case you did not see the local news coverage about the leak from the DAF tank on Porter Mill Road, here is the link to current WBOC story. (If you can't see it, then they may have taken it down.) We are waiting to receive an official report from the State on exactly how much was spilled and the result of water testing around the tank. I will post all news about this spill as soon as possible. In the meanwhile, here is what I saw this week.

I watched the cleanup as much as possible throughout the week and saw many vacuum trucks and dump trucks go up and down the road. Here you can see the large, white vacuum truck next to the tank. 

Here you see a Hazmat crew on the job. (Photo by MDE)

On Thursday I observed this truck carrying straw to the tank. 

NAG warned the County that a leak was a strong possibility and too risky considering the tank's proximity to wetlands. Almost everyone in the area is paying to have their water tested too. Here you can see the activity around the tank and the yellow hose (left) going into the wooded area.

Update Tank Leak

 The tank in Porter Mill Road developed a leak on Monday, March 6. The cleanup is still in process. For more information watch tonight's Channel 48 news at 5:30. More info on this blog tomorrow. 

OC Film Festival to Screen NAG video

NAG is pleased to announce that the DAF tank video, Gut Soup, will be part of the Ocean City Film Festival this year. The documentary is about the tank on Porter Mill Road and is by Andrew Harper and is produced by the Wicomico Environmental Trust.

Gut Soup will be shown at the Fox Gold Coast Theatre (11301 Coastal Highway, OC) as part of the "Maritime Life" documentaries. This group of films runs 9:30 AM -11:30 AM on Saturday, March 4. Passes must be purchased.

Use the link below to access the festival guide and program.
Ocean City Film Festival Film Guide

NEW YEAR UPDATE

We at NAG wish our followers a Happy New Year! With that in mind, we happily start a new year with the enactment of Legislative Bill 2022-10 and an end to new DAF storage in our county. We still have some work to do.

The operation of the Porter Mill Road DAF tank has created some problem areas on the road around the tank’s driveway. NAG members took pictures of the area and contacted the County about the problem and the folks at the roads division quickly came out and worked on those areas. We certainly appreciate their attention to our needs. 

Unfortunately, the work that was performed probably won’t solve the road problem for long. It looks MUCH better, but sooner than later the work will need to be redone or done a different way.

It is unfair that the taxpayers will have to pay for this work but it is necessary. Look at the “BEFORE” pictures and you can see that the ruts and holes along the road are hazards, especially for this narrow lane with dirt shoulders. As we told the County Council the DAF tank location on PM is a multi-faceted problem and as long as it’s there, the problems will be too. 

BEFORE

AFTER

BEFORE

AFTER

 

Legislative Bill 2022-10

Prohibition Bill Update

I am pleased to tell our supporters that the County Council voted 5 to 2 to support Legislative Bill 2022-10 that prohibits the permitting of DAF storage tanks in our county. To be more specific, it would prohibit an open, or partially open, structure used for the storage of agricultural product, by-product, soil amendment and/or DAF residuals. 

The bill also allows farmers or a farming business to temporarily store such liquid in a mobile, closed container for a limited time and in a restricted place.

This was the second reading of the bill when amendments could be offered. The Council’s legal advisor amended the original bill significantly and used some of the suggestions NAG offered at the September 20 Council meeting. And, after adoption of the legal advisor’s amendments, more amendments which NAG has been working on, were offered. Three of our four amendments were adopted. 

The bill is in a much better place than where it was at my last posting.

I would like to post this bill, but it is not yet ready for prime-time. It must be finalized and sent to the Council for signing. The Council has 60 days to sign it into law. Afterward, the County Executive has to either sign it, or veto it and send it back to the Council. I will keep my readers up on any news about this process as it becomes available to share.

I sincerely thank all the supporters who have attended the County Council meetings, contacted their Council Members on NAG’s behalf and donated to our group. You have helped to make Wicomico County a wonderful place to live.

Public Hearing

Legislative Bill 2022-10 (DAF Outside Storage Prohibition)

Tuesday, October 4, 2022

6:00 PM

Council Chambers (RM 301)

Government Office Building

125 N. Division Street

Salisbury, Maryland

The County Council will hear public comments and consider the passage of Legislative Bill 2022-10, known as the DAF Outside Storage Prohibition bill. The hearing will be shortly after the meeting is called to order so plan on arriving by 5:45. Please wear blue to show your solidarity with NAG.

THIS IS YOUR FINAL CHANCE TO SPEAK AGAINST HAVING THIS

TYPE OF STINKING STORAGE NEAR YOU!

I strongly encourage everyone to read the County’s proposed bill, it is not long. Pay close attention to Section 1, E3 on page 2. You will find that this bill is not a prohibition against the open-top storage that NAG has lobbied the Council to pass. It is, more or less, the same old thing that is allowed now. (See the previous post for a summary of NAG’s public comments.)

NAG sent the Council its proposed legislation and asked the Council to present it at the last Council Meeting (Sept 6) which it did. However the bill was not included in the group of bills that was put up for a vote that night. 
We need everyone to contact their Council Members and tell them to consider NAG’s bill a serious alternative to their “Prohibition” bill. 

x

UPDATE

SUMMARY OF SEPTEMBER 20, 2022 COMMENTS TO COUNTY COUNCIL 

A few NAG supporters attended the County Council meeting on September 20. Although the issue of DAF storage was not on the agenda, we were able to point out our serious concerns regarding the County's Bill 2022-10, otherwise known as the Prohibition Bill. During the public comment period we made the following suggestions:

 

1. Abolish or amend Section E.3.

As written, this section will allow a farmer or farming business (both undefined), located anywhere in the Agricultural Zone 1 (A-1) to have any type of open top storage of liquid fertilizer or soil amendments (the County’s definition of DAF). This includes lagoons as well as tanks. There would be no Special Exception, no restrictions whatsoever, no Public Hearing or comment period, NO NOTIFICATION PRIOR TO CONSTRUCTION TO AREA RESIDENTS! In fact, this is worse than what we have now because it codifies unrestricted DAF storage. This is not a prohibition!

2. Amend the definition of Open Top Storage Tanks to reflect any type of Open Top Storage, including lagoons.

As written in Bill 2022-10, storage is cited 3 different ways: “open top storage”, “open top storage tanks” and finally that the open top storage tanks must be “above ground”. Describing storage as such is confusing at best and will allow lagoons anywhere under any circumstances.

3. Amend the confusing definition of DAF (waste or residuals created in the Dissolved Air Flotation process.)

Section E.1.b states the liquid organic fertilizer or soil amendment is “produced from poultry or other animal processing residuals via a dissolved air flotation process”. First, this definition does not include the DAF waste created from the rendering process. That is crucial to our argument because a significant amount of DAF stored in the tank on Porter Mill Rd includes waste originating at Valley Proteins in Linkwood, a rendering plant.

The draft legislation NAG submitted to the County Council on August 31 and asked them to include in the Briefing Book, offers a much more concise definition of DAF. It does not sweep in liquid fertilizers (Maryland Department of Agriculture DOES NOT classify DAF as a fertilizer). Our bill narrowly defines DAF to prevent the  unintended consequences of sweeping in legitimate agricultural products.

4. Argument that prohibition violates the Right to Farm Bill is weak

The tank on Porter Mill Rd, as best we can establish, is the first tank PERMITTED to specifically store DAF. All other DAF storage tanks are converted cow slurry tanks, storing the manure produced on the farm and mostly used on the farm. When the dairies went out of business, they were approached by Denali to convert to storing DAF. Cow slurry and DAF are created in totally different ways. Therefore, the permitting of a tank to store DAF is not “customary and usual”.

The State of Maryland regulates, by the nutrient management plan, the APPLICATION of DAF to farmland. They in no way regulate the storage of DAF. In fact, in a publication published by Maryland Extension, What the Heck is D.A.F.?, the Maryland Department of Agriculture states that it “is only involved in the registration of soil amendments and the regulation of land applications. Issues regarding storage facilities and transportation issues are typically regulated by local jurisdictions.” The County has the jurisdiction over zoning issues and the authority to limit or prohibit the storage of DAF.

 

NAG’s draft legislation, as submitted to the County Council on August 31, was concisely written to be narrow in scope, prohibiting only the open storage of DAF and will not in any way encroach on a farmer’s right to farm, now or in the future.

 

LEGISLATION UPDATE

COUNCIL CONSIDERS DAF STORAGE BILLS

On September 6 the County Council held a meeting to consider three versions of a bill to prohibit or restrict the open-air storage of DAF. The meeting was well attended and the crowd (mostly NAG supporters) spilled out of the council chambers into the hall. The Dispatch ran a fairly accurate description of the night you can go to their website and read it. "Wicomico County Introduces Ban on DAF Storage Tanks."

It was a long meeting and the discussion of the three bills was spirited at times. Unfortunately, some speakers were confused about the bills before them and thought the Council was looking to restrict chicken houses or end the "Right to Farm" act. In the end, after hearing from many concerned citizens, pro and con on DAF storage restrictions, the Council voted to select the DAF-Prohibition Bill 2022-10.

This bill is NOT a prohibition bill and is more or less nothing different than what exists now. I encourage everyone to read the short bill, and pay close attention to this part:

THE PROHIBITION STATED HEREIN SHALL NOT APPLY TO LIQUID ORGANIC FERTILIZER OR SOIL AMENDMENT STORED BY A FARMER OR FARMING BUSINESS ON LAND IN THE AGRICULTURAL-RURAL-A-i DISTRICT, OR OWNED OR LEASED BY SAID FARMER OR FARMING BUSINESS FOR USE ONLY ON LAND OWNED OR TITLED BY SAID FARMER OR FARMING BUSINESS.

Once again, NAG is calling on all Wicomico County citizens who don’t want to live next to a putrid DAF storage facility to contact their Council member and tell them so! The Council Directory is found on the right sidebar of this blog for your convenience. 

Finally, NAG greatly appreciates their supporters, especially those who have attended Council meetings. The public should keep in mind NAG is working for you, not just those of us who make up the group. We are not overestimating the problems you will face if a DAF storage facility comes to your neighborhood, nor are we anti-farmers or anti-poultry. This is about DAF open-air storage. Period.

County Council Meeting

WE NEED YOU! IMPORTANT COUNCIL MEETING

Tuesday, September 6, 2022

6:00 PM

Government Office Building, Room 301

25 N. Division Street

Salisbury, Maryland

We need you! This next County Council meeting
is extremely important and it is crucial
that NAG supporters attend!

At the last Council meeting, the members voted to prohibit new DAF tanks county-wide. This is a great outcome for Wicomico County residents, however, the Council decided to wait to settle the matter until all legal issues could be vetted.

The September 6 meeting will see the introduction of 3 legislation options regarding the open-top storage of a liquid organic fertilizer or soil amendment (DAF.) Here is the link to the Council’s agenda, and if you scroll to page 2, you’ll see the options listed and explained.

https://www.wicomicocounty.org/AgendaCenter/ViewFile/Agenda/_09062022-956?MOBILE=ON 

Everyone should read the options, since any of them will affect everyone who resides in the county. And, they are not all the options that will be given to the Council.

NAG has been promoting the total prohibition of DAF storage for quite some time.

NOW is the time to let the Council know that you do not want to live next to a DAF tank like the one on Porter Mill Road! And the best way to do this is to attend the September 6 meeting. (If you are not familiar with that tank, watch the video using the link on this blog's sidebar.)

If you can’t attend, then call or email your councilmember BEFORE the meeting. Tell them you want them to prohibit DAF storage county-wide. It’s as simple as that.

Here are the Council Members" phone numbers and email addresses for your convenience.

John Cannon (Pres.) - 410-251-3282 - jcannon@wicomicocounty.org 
Ernest Davis (VP) - 443-397-4247 - edavis@wicomicocounty.org 
William McCain (At Large - 410-726-1122 - wmccain@wicomicocounty.org 
Nicole Acle (District 2) - 410-251-0122 - nacle@wicomicocounty.org 
Larry Dodd (District 3) - 410-202-6002 - ldodd@wicomicocounty.org 
Josh Hastings (District 4) - 410-251-5268 - jhastings@wicomicocounty.org 
Joe Holloway (District 5) - 410-749-4010 - jholloway@wicomicocounty.org 

 

PLEASE DON'T WAIT! If clean air and water and road safety is important to you and your family, contact your councilmember TODAY!

Update

NAG URGES FOLKS TO STICK TO THE FACTS

Recently NAG has heard rumors that some people, who are opposed to banning the DAF storage tanks in Wicomico County, are spreading fear and blatant misrepresentations in an attempt to rally the agriculture community against us. If you've been following this blog, then you know that NAG is not anti-farming nor does it want to dissolve the Right to Farm Act. Furthermore, we are not trying to ban other farm storage structures. 

NAG has very good community support including that of many county farmers.

The upcoming (Aug. 16, 10 AM) County Council meeting agenda is not showing any discussion of the DAF tank legislature. However, as with all meetings, there is time at the end for public comments. We encourage our friends to attend and speak. And, as usual we urge all Wicomico County residents who do not want a DAF storage tank as a neighbor to contact their Council members and tell them how they feel about it.  

Be sure to look at our new flier "YOUR NEW NEIGHBOR?" flier. (Works best with Google browser. Click on link. Move your cursor to the bottom or top of the flier's webpage to see the download and print icons that you must use.) If you have any problems downloading it, contact this blogger (link on the sidebar) and I'll be glad to send you the flier. Please share it!