Wicomico Co. DAF tank moratorium extended, Porter Mill Rd. tank continues to loom

WICOMICO COUNTY, Md. – The saga of what some call “sludge tanks” continues. Tuesday night, Wicomico County Council approved the extension of a moratorium, blocking the construction of other similar tanks, for now.

Moratorium Extended

“It just makes it so that no tanks can be built or approved until the Council can come to some decision as to what type of legislation they would like to pass,” said Council President John Cannon. “Wanting to have due diligence, we will be meeting with the [Planning and Zoning Commission] again. But, based one the prior moratorium, we had to have an extension legally in order to preserve that privilege.”

While environmental activists say the extension is a step in the right direction, more needs to be done. “The continuance of the moratorium is just buying time for the County Council to complete its deliberations,” said Board Secretary of Wicomico Environmental Trust, Carol Dunahoo.

Future Legislation

Cannon says any changes made to how the Planning and Zoning approves or denies requests to build future DAF tanks would have to be made through legislation. “We’re thinking that Planning and Zoning is going to bring this forward with us, as far as recommending that it be kept in the agricultural district, but by special exception,” he said.

The legislation would require public hearings; something many public stakeholders have been asking for for years. “That’s really all they are looking for, is some type of measure by which they can express their concerns before a government agency before any decisions are made,” said Cannon.

Dunahoo agrees, saying opportunity for public input is a key part of solving the issue. “The County Council rules permit any citizen to show up to any meeting and deliver a comment of up to three minutes in the matter of concern,” she said. “Three minutes, however, is not adequate to fully get into the details of the concerns.”

Another part of the problem, is exactly where the tanks are allowed to be built right now. “The proposal that has been put on the table by the Planning and Zoning staff and the Planning Commission would allow these tanks to go anywhere in an agricultural district, which is 74% of the county,” said Dunahoo.

However, Cannon says land zoned for industrial use might not be the best fit, either. “As our industrial zones are zoned, there are commercial districts very close to it. There are even some residential areas that are very close to the existing industrial zone,” he said.  [Individual farmers wanting to build their own DAF tanks] have to purchase a piece of property in the industrial zone. Even after that, they’d have to transport the materials from the industrial zone to their farmland.”

Woes on Porter Mill Road

As the Council continues their deliberations, Dunahoo says residents on Porter Mill Road are still suffering from the existing DAF tank looming over their properties. Residents say they continually face the odor of what they describe as rotting flesh, swarms of flies attracted to the tank, and tractor trailers arriving at all hours of the night to dump into the tank.

The tank contains the byproducts of DAF, or dissolved air flotation. It’s a process that is used to clarify wastewater. Porter Mill Road’s DAF tank contains waste materials from pet food production. That can include animal organs, scraps, and rendered bone and other tissues.

Dunahoo adds that there are also significant concerns over the impact the tank could have on the surrounding environment. “This tank is less than half a mile from the Rewastico Creek which empties into the Nanticoke River, and then into the [Chesapeake] Bay,” she said. “Anything that spills in that vicinity has the risk of polluting the well water for residents of that neighborhood.”

Looking Ahead

It’s been an issue that residents have been wrestling for years. However, the tank is currently tied up in a lawsuit. For that reason, Cannon says there’s not much the Council can do about it. “I think that anything the Council does from here on out would only be for future tanks. I don’t see how anything that we do could possibly be retroactive,” he said.

Dunahoo says that’s why it’s so important to make sure any future tank proposals are carefully vetted, and opened up to public opinion. “The legislation that has been recommended by the Planning Commission comes very close to preserving the status quo, in effect,” she said. “I think it’s really critical for residents of this county to keep a close eye on this, and let their representatives on the Council know what their views and concerns are.”

Cannon says that during the next several weeks, the Council will be tackling this issue in work sessions. Consideration of proposed legislation could likely come in May.

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