[00:00:05]
CAROLINE COUNTY PLANNING AND ZONING COMMISSION.
[Opening]
TONIGHT, WE HAVE TO TELL EVERYBODY IT'S HERE.WE HAVE VICE CHAIR HANNAH CAWLEY IS HERE.
COMMISSION MEMBER, COUNTY COMMISSIONER TRAVIS BREEDING.
COMMISSION MEMBER KEITH BILBROUGH.
THE STAFF HERE TONIGHT IS CRYSTAL DADDS.
[Planning Commission Review and Comment: Food Processing Residuals Draft Legislation]
WE'RE GOING TO WE GOT TO TALK ABOUT IT AND MAKE RECOMMENDATIONS TO THE COUNTY COMMISSIONERS.EVERYBODY'S HAD IT SINCE FRIDAY TO LOOK IT OVER.
AND THEN WE'LL I KNOW THERE'S TWO PEOPLE HERE, BUT BEFORE WE DO ANYTHING, WE'LL LET THEM HAVE A SAY AFTER WE GET DONE TALKING.
BRIEFLY, THEY CAN SAY IF THEY HAVE COMMENTS AND I BELIEVE WE ARE STILL TAKING COMMENTS TILL FRIDAY.
ARE YOU TAKING WRITTEN COMMENTS TILL FRIDAY OR SOMETHING OR NOT? NO. OKAY. I KNOW THAT WAS SAID THAT WE MIGHT STILL TAKE THEM, BUT THAT'S FOR WHEN YOU HAVE A PUBLIC HEARING.
AND SO I DON'T KNOW IF YOU'RE GOING TO WANT TO SPEAK.
YOU CAN WRITTEN COMMENTS OR PUBLIC COMMENTS OR HOWEVER YOU WANT TO DO IT.
SO IF ANYBODY WANTS TO SPEAK ON ON THE.
WE DO, DO WE? OKAY. IF YOU JUST SIGN IN, THEN WE'RE GOING TO.
IF YOU WANT TO TALK, JUST COME.
YOU'LL COME UP ONE OF THE TABLES, STATE YOUR NAME.
AND PLEASE JUST KEEP YOUR COMMENTS ABOUT WHAT WE'RE TALKING ABOUT.
SO. FOR THE BOARD EVERYBODY GOT A COPY.
AND I THINK WE'VE ALL HAD PLENTY OF TIME AND REVIEWED IT PLENTY AND PLENTY OF TIMES.
AND THESE QUESTIONS ARE FOR YOU BECAUSE.
NOT SO MUCH. I MEAN OUR, OUR JOB IS, IS TO LOOK AT IT AND SEE IF IT GOES ALONG WITH THE COMP PLAN.
IT GOES ALONG WITH THE WELL-BEING OF OUR COUNTY AND OUR CITIZENS, AND THAT'S OUR JOB.
YOUR COUNTY COMMISSIONERS MAKE LEGISLATION.
WE JUST MAKE SURE THAT IT IS IN ACCORDANCE WITH OUR COMP PLAN.
CORRECT. SO I LOOKED AT IT A LOT THROUGH THAT.
HOW THEY HOW ARE THEY GOING TO BE ENFORCING IT AND THE WORDING OF IT AND ALL THAT.
SO ANYWAY, I JUST HAD A FEW COMMENTS.
SO PAGE 19 TALKS ABOUT WHEELED AND SEALED.
THAT'S THE EASIEST WAY TO PUT IT.
ENSURE THAT THE FPRS ARE TEMPORARILY STORED BY A FARMER, OR ON A FARMING BUSINESS.
THAT'S THE FIRST TIME THAT'S EVER MENTIONED.
I MEAN, WHEN YOU GET THE STORIES IN THE BEGINNING, IT'S TALKING ABOUT CONCRETE, THE STRUCTURES.
THEY GOT TO DO THIS, THEY GOT TO DO THAT.
AND NOW WE GET TO WIELD AND WIELD THINGS.
AND WHERE IS THAT? SO THAT'S I BELIEVE THAT.
SO THAT WOULD BE IF I'VE GOT A TANK.
A PERMANENT PERMITTED STRUCTURE IN MARYDEL.
[00:05:08]
PRESTON TO USE TO STORE IT IN THE INTERIM.YOU WOULDN'T NEED A PERMIT FOR THAT.
FOR THE VEHICLE, FOR THE TEMPORARY STORAGE.
YOU HAVE YOUR INITIAL PERMIT TO STORE IT.
SO THAT COVERS THE TEMPORARY BECAUSE THAT'S MY QUESTION THAT THAT WAS MY QUESTION.
RIGHT. BUT I'M GOING TO BRING ONE OF THEM BOX WAGONS DOWN HERE.
I'M GONNA PARK IT ON MY FIELD, AND THIS TRACTOR TRAILER IS GOING TO COME IN HERE.
WE'RE GOING TO PUMP IT IN THERE.
I DON'T NEED A PERMIT. ACCORDING TO THIS.
IT'S WHEELED AND SEALED, AND I GOT 45 DAYS TO SPREAD IT.
I DON'T KNOW IF IT'S. I DON'T KNOW IF YOU MEANT IT THAT WAY OR IT JUST NEEDS TO BE CLEAR.
CRYSTAL MIGHT HAVE A GOOD TALK ABOUT ALL THIS, SINCE EVEN SINCE THE COMMISSIONERS MEETING.
SO THERE ARE SOME TWEAKS THAT ARE COMING.
BUT THAT THAT IS ONE OF THE POINTS.
I THOUGHT IT WOULD BE A GOOD IDEA THAT WE DID NOT PUT A FARMER SUCH AS YOU DESCRIBED SOMEONE USING BRINGING IT IN, NOT STORING IT EXCEPT LONG ENOUGH FOR THE APPLICATION PROCESS THAT HE WOULD NOT HAVE TO APPLY TO THE COUNTY FOR A PERMIT FOR SOMETHING LIKE THAT. BECAUSE THAT'S THE WAY I READ IT INITIALLY THAT LIKE TEMPORARILY, A FARM LIKE THAT WOULD NOT HAVE TO GET A PERMIT, NOT GO THROUGH ALL THIS PROCESS BECAUSE WE'RE GOING TO TRUCK IT IN, DUMP IT IN A TANK, WE'RE GOING TO PUT IT OUT ON THE FIELD.
WE'RE DONE. BUT I GOT TO GET A PERMIT TO PUT IT ON MY FIELD RIGHT FROM THE STATE.
BUT THIS IS ALSO SOME FINE TUNING.
AGAIN, THIS GOES BACK TO THE COMMISSIONERS EVENTUALLY.
YOU'RE TALKING ABOUT DUMPING IT IN A TEMPORARY STORAGE TANK.
WE HAVE TO YOU KNOW THAT TANK WOULD BE A POSSIBLE PROBLEM.
WHAT WE'RE ENVISIONING IS IT'S TRANSPORTED IN ON A WHEELED VEHICLE.
STAYS THERE IN THE SAME WHEELED VEHICLE UNTIL IT IS APPLIED.
BUT AND I SEE IT YOU BRING IT IN WITH THE TRUCK. AND THEN WE ALSO TALKED ABOUT YOU CONTACT ME TO BRING IT IN WITH A TRUCK.
YOU'RE NOT KEEPING MY TRAILER.
SO WHAT YOU SAY IS WHEELED AND SEALED CONTAINER.
I CAN PUT A PLASTIC TANK ON A FOUR WHEEL FARM WAGON, PUT A LID ON TOP OF THIS WHEELED AND SEALED.
YEAH. CURRENTLY, WHAT WE SEE THEM USING A LOT AROUND THE COUNTY ARE.
THEY APPEAR TO BE LIKE SHIPPING CONTAINERS, THE BIG BLUE SHIPPING CONTAINERS WITH WHEELS ON THE BACK, AND THEY THEY TRANSFER INTO THAT WHILE THE APPLICATION TO THE FIELD IS HAPPENING. SO WE'RE TRYING TO MAKE A PROVISION FOR THAT TO BE ALLOWED.
IS THAT CALLED A THAT'S CALLED A FRAC TANK.
I THINK THEY ARE. THEY LOOK LIKE THOSE.
THAT'S WHAT IT'S USED FOR. YES.
SO, SO AND THEN AND THEN READING THROUGH HERE WHAT.
THIS IS WHAT'S THE DEFINITION OF STORAGE VERSUS TEMP STORAGE.
BULK STORAGE I BECAUSE IF I TURN THIS INTO A COMMERCIAL INDUSTRY WHICH OKAY, YOU'RE PAYING ME TO TAKE IT AND I'M PUTTING IT IN MY BIG TANKS AND I'M SELLING IT TO FARMERS BECAUSE I GOT 2 OR 3 TRACTOR TRAILERS AND I'VE TURNED IT INTO A COMMERCIAL.
YEAH. WELL, AND I UNDERSTAND NOT ALLOWED THAT IN THIS.
THE ONLY WAY YOU CAN STORE IT IN THE COUNTY IS FOR YOUR OWN USE.
YOU CAN'T COMMERCIALLY STORE IT.
SO BUT THAT'S OUT OF THE PICTURE.
SO THE YEAR IS IT 45 DAYS? WHAT? IT'S A YEAR.
YOUR PERMIT IS ONLY GOOD FOR A YEAR.
YEAH. THE IDEA IS, IS THAT YOU CANNOT BRING IN FPRS AND STORE IT FOR MORE THAN A YEAR.
APPLICATION. WE DON'T WANT YOU HAVING THAT YOU KNOW ANY MORE THAN YOU CAN APPLY THROUGH YOUR NUTRIENT MANAGEMENT PLAN IN STORAGE, ESSENTIALLY.
AND THAT'S WHAT I JUST I'VE JUST SEEN, I'VE SEEN A YEAR AND NOW WE GOT 45 DAYS.
THERE'S WELL, THERE'S TWO DIFFERENT THINGS.
THE TEMPORARY STORAGE IS ALLOWED FOR UP TO 45 DAYS.
PERMANENT STORAGE? NO PERMIT REQUIRED.
RIGHT. SO THOSE ARE THOSE ARE YOUR TIME FRAME DIFFERENCES.
IT JUST AS YOU SAID IT COVERS MY TEMPORARY STORAGE ON MY OTHER FARM.
RIGHT. SO THE PERMIT IS REQUIRED FOR ME TO KEEP IT ON THE HOME FARM.
[00:10:01]
YEAH, BUT NOT FOR NOT FOR TEMPORARY ON THE OTHER FARM.YEAH, BUT BUT IT'S KIND OF INCLUDED UNDERNEATH IT.
AND WE SEND PEOPLE OUT TO START TRYING TO ENFORCE THIS, AND THEY'RE CHASING WAGONS AROUND, AROUND THESE FARMS. RIGHT. AND 45 CONSECUTIVE DAYS, I THINK YOU SAID 45 CONSECUTIVE DAYS.
THAT MEANS FOR THE NEXT, YOU KNOW, MONTH AND A HALF.
SO, I MEAN, IT'S JUST I'M JUST THINKING ABOUT THE ENFORCEMENT OF IT.
AND I FOUND THOSE TWO A YEAR HERE, 45 DAYS THERE AND THEN AND MAYBE IF WE DEFINE WHAT TEMPORARY STORAGE VERSUS BULK STORAGE, I DON'T KNOW.
THAT'S IT. SO I THINK WHAT STEWART AND I DID TALK AFTER WE SPOKE.
AND I THINK THE CONFUSION LIES IN THAT THE 45 DAY MOBILE CONTAINER IS LISTED UNDER THE REQUIREMENTS FOR PERMIT HOLDERS, AND THAT WE SHOULD RELOCATE THAT TO ANOTHER SECTION TO SAY THAT THIS THIS IS EXEMPT FROM THE PERMITTING AND THE OTHER STORAGE REQUIREMENTS PROVIDED THIS IS WHAT YOU'RE DOING FOR 45 DAYS.
WOULD THAT BE CORRECT? STEWART YES, THAT'S THE INTENT IN THE SCOPE SECTION.
YEAH. AND THE 45 DAYS ONLY APPLIES TO WHEELED STORAGE CONTAINERS.
EXACTLY HOW IT'S WRITTEN IN 128 1630 [INAUDIBLE].
IT MAY NOT BE PRACTICAL, AND I'M NOT A FARMER, SO I DON'T KNOW EXACTLY WHAT THE PROCEDURE WOULD BE.
TRAVIS CAN PROBABLY SPEAK TO THAT BETTER THAN WHAT SAYS MOBILE, IF YOU YOU'RE NOT SUPPOSED TO BE DUMPING IT INTO A MANURE PIT OR SOMETHING ELSE.
YOU'RE SUPPOSED TO KEEP IT SEALED THE WHOLE TIME.
AND THE ONLY TIME IT IS OUT OF THAT CONTAINER IS DURING THE APPLICATION PROCESS.
NOW, IS THAT PRACTICAL? YEAH. I MEAN, THE WAY THE WAY I THE ONE WAY THAT I SAW IT DONE BECAUSE WE HAD A DISPUTE LAST SUMMER WITH SHIFTS THE WAY THEY WERE DOING IT ON WHITES LANE, THEY LOADED, CAME AROUND WHITELEYSBURG TURNED ON THE WHITES LANE, WHICH WE'VE HAD TO REPAVE IF EVERYONE HADN'T NOTICED, BECAUSE IT GOT DESTROYED AND CRACKED UP.
SO THAT'S ANOTHER CONCERN WITH THIS MATERIAL, IS THEY APPLY SO MUCH AND THE WEIGHT OF THE TRUCKS REPEATEDLY POUNDING ON THESE TAR AND CHIP ROADS TO GET IT FROM THE STORAGE FACILITY TO THE FIELD.
AND THERE WAS ALWAYS A TRUCK ON WHITE'S LANE.
AS SOON AS ONE EMPTIED, THE ONE BEHIND, IT PULLED UP.
WELL, THEY WERE ACTUALLY BLOCKING THE ROAD, SITTING IN THE ROAD DOING THIS.
SO WE ACTUALLY HAD TO GET THE SHERIFF'S DEPARTMENT TO GO OUT THERE.
SHERIFF HIMSELF ACTUALLY WENT OUT THERE AND ACTUALLY GOT A LITTLE.
SO IF YOU NOTICE, IT WAS IN THE PROPOSED REGULATIONS THAT YOU COULDN'T EMPTY FROM A ROAD, SO I DON'T KNOW IF THAT MADE IT THROUGH TO THE FINAL CUT, BUT IT WAS IN HERE ORIGINALLY.
I DON'T KNOW THAT I SEEN IT, SO I NEED TO LOOK THROUGH THAT AND SEE IF THAT'S STILL IN HERE.
THE STATE IS NOT GOING TO ALLOW THAT KIND OF STUFF TO HAPPEN.
SO I'M BELIEVE ME, I'M WITH YOU WITH THE SKEPTICISM AND LEAVING LOOPHOLES.
BUT WE I THINK THE INITIAL DRAFT THAT I SAW OF THE REGULATIONS, IT COVERED MOST OF YOUR CONCERNS.
THE STATE PERMIT. WE'LL TAKE CARE OF THAT.
I DON'T KNOW IF YOU'RE TALKING ABOUT PUTTING 80,000 POUND TRUCKS ON 40,000 POUND ROADS.
AND WHEN ARE THEY ACTUALLY LOADED TO 80,000 POUNDS? SO THEY'RE PROBABLY MORE LIKE 90 TO 95,000.
YOU DON'T HAVE THE RIGHT LEGISLATION FOR THAT.
THAT'S A SIMPLE CALL TO D.O.T..
AND IF THEY'RE PARKED IN THE ROAD, THEY'RE OBSTRUCTING THE ROADWAY.
THAT'S TRAFFIC LAW. I MEAN, THAT'S THAT'S NOTHING TO DO WITH LEGISLATION.
AGENCY AND GET THEM OUT THERE.
[00:15:10]
LIKE THAT, YOU KNOW, BECAUSE LAW ENFORCEMENT I MEAN, I DON'T THE SHERIFF DIDN'T WRITE HIM A TICKET, YOU KNOW, I DON'T KNOW IF HE KNEW WHICH LAWS TO CITE TO WRITE IT, YOU KNOW, OR WHAT, BUT IT COMES UNDER TRANSPORTATION MAY NOT LOAD OR UNLOAD THIS MATERIAL FOR THESE ACTIVITIES ON A PUBLIC.I MEAN, YOU'RE PUTTING TRUCK TRAILERS ON 40,000 POUND ROADS.
FINE. THEY DON'T LIKE, YOU KNOW.
YEAH. BUT THERE'S OFTEN NOT A LOT OF DOT ON [INAUDIBLE] EITHER, SO.
BUT ANYWAY, WELL, THE PROBLEM WITH THE PHONE CALL COMING FROM US IS A LOT OF TIMES ALSO, IT GETS PEOPLE WHO AREN'T DOING ANYTHING WRONG OR, WELL, YOU KNOW, IT GETS THE GUY WITH A LAWNMOWER TRAILER, DOESN'T HAVE A DOT PHYSICAL OR, YOU KNOW, HE'S NOT CAUSING NUISANCE EITHER.
SO YOU GOTTA BE CAREFUL WITH THAT.
AND HE DOESN'T HAVE HIS 2 INCH OR 4 INCH STRAP ON HIS GARDEN TRACTOR.
YEAH. SO I MEAN, THAT WAS THE ONLY QUESTION THAT I HAD OTHER THAN THAT, YOU KNOW.
I KNOW WE HAVE TO ESTABLISH OUR DEPARTMENT, GOT TO COME UP WITH PERMIT FEES AND ALL THAT STUFF.
STEWART YOU SAID THAT THE $500 FINES, AND THAT'S ALL IN ACCORDANCE WITH OUR CURRENT STUFF THAT WE HAVE IN THE COUNTY. ZONING. YEAH.
BECAUSE IS THAT THE MAXIMUM THE COUNTY CAN IMPOSE 500 AND THEN 1000.
IS THAT UP TO QUESTION? I MEAN, WE HAVE DIFFERENT CLASSES OF CIVIL CITATIONS AND I DON'T KNOW IF IT'S ALL ZONING IS A SPECIFIC CLASS OR IF.
WE CAN I THINK THERE'S VERY VARIABLES WITHIN SOME VIOLATIONS IS THAT, YOU KNOW, ONE THING I CAN SAY WITH CONFIDENCE THAT I'VE SEEN SO FAR IN MY SHORT TENURE HERE, WHEN IT ESCALATES TO ENFORCEMENT LEVEL THE COST ASSOCIATED WITH THAT ENFORCEMENT IS NOT COVERED UNDER OUR CURRENT FINE STRUCTURE.
IT. OUTSOURCING LEGAL SERVICES.
ALL OF THAT TIME THAT WE'RE PULLED AWAY FROM OTHER THINGS OUR CURRENT FINE STRUCTURE.
WELL, I DON'T. BELIEVE COVERS THOSE EXPENSES.
AND, TRAVIS, I DON'T THINK IT EVER WILL.
I MEAN, THE FINES AND THAT KIND OF STRUCTURE IS, IS TARGETED TO ADDRESS A PROBLEM AND CORRECT A PROBLEM, NOT NECESSARILY MAKE MONEY OR, YOU KNOW, AND THEN COLLECTION ON IT TOO.
I MEAN, I, YOU KNOW, I DON'T KNOW.
THAT'S UP TO A JUDGE FACTFINDER RIGHT TO DETERMINE WHETHER OR NOT THE COUNTY GETS TO COLLECT IT.
SO BUT I MEAN, THAT'S ALL I HAVE.
I MEAN, I LOOK, YOU KNOW, IT'S THEY PUT IT IN THE RIGHT ZONING DISTRICT.
WE HAVE ALL BEEN DEALING WITH THIS FOR A WHILE.
THE OPEN PITS AND THE COMPLAINTS FROM CITIZENS.
ANYBODY ELSE? I KNOW YOU GET READY TO GET CRANKED UP, BUT GO AHEAD.
NO, NO, I MEAN, THE MAIN THING I WAS GOING TO ADD, WHICH I THIS WAS TOUCHED ON YESTERDAY AT THE COMMISSIONER'S MEETING, WAS LIKE A CERTIFICATION FORM IN PLACE OF A WHOLE NUTRIENT MANAGEMENT PLAN, BECAUSE REALLY, THERE'S NO ONE HERE IN THIS DEPARTMENT THAT'S GOING TO KNOW WHAT THEY'RE LOOKING AT.
YOU FIGURE OUT HOW MUCH STORAGE I NEED.
SO THIS JUST CERTIFIES THAT AN OPERATOR HAS A PLAN AND UPDATED PLAN AND HOW MANY ACRES IT COVERS.
[00:20:04]
IT'S VERY SHORT AND SWEET VERSUS A WHOLE PLAN WHICH MDA IS GOING TO LOOK AT YOUR PLAN ANYWAY TO DETERMINE STORAGE.SO WHAT WHAT DOES THIS PROPOSED BILL REQUEST? I SAW THAT IT REQUESTED A SUMMARY OF WHERE IT WAS LOCATED IN THIS BILL.
I HAD TO PRODUCE A SUMMARY OF NOW IN OUR BILL, WHERE IS THE SECTION? DO YOU KNOW WHERE THE SECTION IS THAT REFERENCES ON? YEAH, IT WAS ONLY ONE, JUST ONE PARAGRAPH.
OKAY. SO IT SAYS FILE AN UPDATE WITH THE DEPARTMENT, THE SUMMARY OF EACH NUTRIENT.
SO WHAT IS IT? WHAT IS THE SUMMARY OF EACH NUTRIENT MANAGEMENT PLAN? WHERE DID THAT LANGUAGE COME FROM? I MEAN, YOU COULD CONSIDER THE SUMMARY JUST THE FRONT PAGE THAT GIVES THE BASIC INFORMATION OF NAME, ADDRESS, ACRES, LOCATION.
BUT I THOUGHT THE NUTRIENT MANAGEMENT PLAN ALSO INCLUDED THE NUMBER OF TIMES THAT YOU APPLY THE SOIL AMENDMENT, OR WHATEVER YOU WANT TO CALL IT.
RIGHT. AND THAT IS WHAT I'M, I BELIEVE THE DEPARTMENT WOULD NEED.
HOW MUCH CAN YOU SPREAD ON YOUR 100 ACRES? 1500 ACRES? AND HOW MANY TIMES A YEAR? BECAUSE THAT WOULD DIRECTLY YOU CAN RIGHT, YOU CAN STORE, BUT YOU COULD ACCESS THAT FROM MDA BECAUSE MDA IS GOING TO BE LOOKING AT THE SAME INFORMATION.
IT'S A LITTLE TRICKY WITH MDA.
THERE'S A STATUTE THAT SAYS THAT THOSE THINGS ARE CONSIDERED CONFIDENTIAL.
THEY'RE NOT SUBJECT TO DISCLOSURE THROUGH THE PUBLIC INFORMATION ACT REQUEST.
AND SO BASICALLY, THE WAY THIS IS PHRASED IS IF YOU WANT TO APPLY TO CAROLINE COUNTY FOR A PERMIT TO STORE THIS MATERIAL IN CAROLINE COUNTY, YOU ARE GOING TO DISCLOSE TO US, WE'RE NOT GETTING IT FROM THE GOVERNMENT NECESSARILY.
YOU ARE DISCLOSING TO US THE INFORMATION WE NEED FROM YOUR PLAN THAT JUSTIFIES THE NEED FOR A STORAGE FACILITY, AND HOW BIG IT NEEDS TO BE FOR YOUR LEGITIMATE NEEDS, NOT COMMERCIAL STORAGE.
RIGHT. WHICH IS WHAT'S BEEN GOING ON HERE.
SO THE SUMMARY IS ONLY THAT INFORMATION WHICH IS RELEVANT TO THAT DETERMINATION OF IS THIS IS THIS OVERSIZE OR UNDERSIZED? I BELIEVE THAT THIS LANGUAGE COMES FROM THE STATUTE, LESLIE, THAT WHAT MDA HAS IS A SUMMARY OF THE PLAN FROM THE FARMER OR FROM THE CONSULTANT.
AND SO THAT INFORMATION, I BELIEVE, IS THERE MDA IS AWARE AND IF YOU'RE EVEN THOUGH WE CAN'T GET A PIA REQUEST FOR YOUR PLAN, IF YOU WANT TO STORE IT IN OUR COUNTY, YOU'RE GOING TO GIVE US THAT INFORMATION.
WE'RE GOING TO HAVE A WAY TO VERIFY IT.
WHO? DO YOU HAVE A SEPARATE PLAN FOR EACH LOCATION? YOU TOO.
THE HOME FARM AND THEN YOU RENT.
IF YOU RENT ALL IN ONE PLAN, THERE'S ONE PLAN FOR YOUR WHOLE OPERATION.
DOESN'T MATTER NOW, IN MY EXPERIENCE, JUST DEALING WITH VERY LIMITED EXPERIENCE DEALING WITH DENALI.
DO THEY DO IT LIKE A PERC TEST WHERE THEY LOOK AT SOIL AND THERE'S A THERE'S A RATE AT WHICH IT'S DETERMINED THAT IT IS GOING INTO THE SOIL AND BEING ABSORBED, KIND OF LIKE A PERC TEST OR NOT.
THAT, NOT THAT IN DEPTH SAMPLES AND SEE WHAT LEVELS YOU'RE AT.
BUT THE CURRENT NUTRIENT MANAGEMENT PLAN DOESN'T HAVE LIKE A PERMEABILITY RATE IN THE SOIL.
[00:25:06]
YOU DON'T HAVE TO OR IT'S PROBABLY NITROGEN CONTENT, GROUNDWATER HEIGHT THAT'S NOT TAKEN INTO ACCOUNT IN THE NUTRIENT MANAGEMENT PLAN.MAYBE WHEN YOU GET INTO A PHOSPHORUS MANAGEMENT TOOL AND YOU'VE GOT TO LOOK IN MORE DEPTH OF SOIL TYPE AND THINGS LIKE THAT, BUT THAT'S NOT EVERY PLANT IN EVERY FIELD.
I KNOW DNREC REGULATES THIS IN DELAWARE, NOT DEPARTMENT OF AGRICULTURE.
SO THAT GIVES YOU ANY IDEA OF HOW DELAWARE FEELS ABOUT IT.
IT'S UNDER DNREC, NOT DEPARTMENT OF AG.
AND IN THEIR PROCESS YOU HAVE TO INVESTIGATE GROUNDWATER DEPTH.
PERCOLATION RATES. PERC RATES, ALL OF THAT STUFF.
BUT AND THEY HAVE PUBLIC HEARING PROCESS FOR EACH PERMIT APPLICATION.
THEIR PROCESS IS PRETTY INTENSE, AND THAT'S WHY A LOT OF IT'S COMING HERE NOW, SO.
I MEAN, UNFORTUNATELY, THESE GUYS JUST GOT A HOLD OF WHAT MDA WANTS TO PUT INTO PLACE.
RIGHT? IS WITHIN THE NEXT FEW WEEKS.
AND IN MY OPINION, MDA COVERS A LOT.
YOU KNOW, IF YOU GUYS HAD A CHANCE TO LOOK OVER IT, YOU KNOW, I THINK THE COUNTY ONE IS A BIT MUCH OVERKILL WHEN THE STATE ALREADY HAS SOMETHING IN PLACE OR WILL HAVE SOMETHING IN PLACE.
AND THERE WAS A BILL IN WICOMICO COUNTY FROM AN FPR TANK, AND THERE WAS NOT SECONDARY CONTAINMENT.
AND IT DID GO INTO A NON-TIDAL WETLAND THAT WAS NEXT TO THE STORAGE TANK.
I THINK I'VE HEARD DIFFERENT THINGS ABOUT WHETHER IT WAS VANDALISM OR A FAILURE IN THE TANK.
I THINK THERE'S SPECULATION THAT IT WAS VANDALISM.
BUT, YOU KNOW, SOME DID CONSIDER THE STATE DIDN'T GO THAT FAR.
BUT WE DO HAVE STEWART DID INCLUDE SECONDARY CONTAINMENT IN THIS [INAUDIBLE].
SO WHO GETS INVOLVED WHEN THAT HAPPENS? MDE WOULD GET INVOLVED AND THEN I'M ASSUMING THEY HAVE TO GET SOME TYPE OF CONSULTANT TO, DEPENDING ON HOW MUCH THE SPILL IS AND STUFF LIKE THAT.
AND I UNDERSTAND YOUR POINT ABOUT THE COUNTY BEING OVERKILL.
I CAN UNDERSTAND WHERE THAT COMES FROM.
BUT YOU SHOULD ALSO BEAR IN MIND MDA IS NOT RENOWNED FOR ITS ENFORCEMENT.
SEE, WE CAN'T ENFORCE MDA REGULATIONS, WE CAN ENFORCE COUNTY ORDINANCES.
AND SO HAVING IT IN HERE IS BELT AND SUSPENDERS.
AT LEAST WE'VE GOT A COUNTY FORM OF ENFORCEMENT.
WE DON'T RELY UPON THE STATE, WHICH IS TRYING TO COVER A LOT OF TERRITORY AND MAY NOT HAVE THE PERSONNEL TO TAKE CARE OF CAROLINE. IS DEFINITELY NOT GOING TO BE AS RESPONSIVE AS WE CAN BE TO ISSUES.
SO IF WE PUT THIS INTO PLACE AND MDA PUTS THEIRS INTO PLACE, AND WE KNOW THERE'S SOMEBODY OUT HERE THAT'S GOING TO BE IN VIOLATION, ARE THEY IN VIOLATION WITH THE COUNTY OR THE STATE OR BOTH? BOTH. AND THE PERMIT PROCESS? THEY HAVE TO GET A PERMIT FROM US AND A PERMIT FROM THE STATE? YES. TO STORE.
NO. THEY NEED AN APPLICATION PERMIT, A UTILIZATION PERMIT FROM THE STATE.
AND TO GET THAT PERMIT, THEY HAVE TO PROVIDE THE STATE MDA WITH EVIDENCE THAT THEY HAVE ALL THE LOCAL COUNTY REQUISITE APPROVALS FOR STORAGE.
AND THAT IS WHAT THIS ATTEMPTS TO DO, IS PROVIDE THE MECHANISM FOR THE COUNTY TO GIVE APPROVAL FOR STORAGE IN CAROLINE COUNTY. AND NOTHING IN OUR LEGISLATION SAYS YOU CAN'T USE IT.
[00:30:02]
YOU CAN USE IT AND USE AS MUCH AS YOU WANT, AS LONG AS THE STATE SAYS YOU CAN.WE ARE NOT ALLOWED TO GO INTO THE APPLICATION PROCESS.
I WOULD THINK THAT THAT WOULD BE BARRED BY PREEMPTION.
THE STATE HAVING ALREADY LEGISLATED IN THAT AREA, WE WOULD BE PROHIBITED FROM DOING SO.
BUT THEY PURPOSELY LEFT US THIS OPENING.
OH. ALL RIGHT, JUST SO I'M CLEAR.
IF I HAVE A NUTRIENT MANAGEMENT PERMIT THAT ALLOWS ME TO APPLY WHATEVER THAT'S FROM THE STATE.
SO I CAN THEN BRING THE MATERIAL INTO CAROLINE COUNTY.
AND APPLY IT TO MY FARM WITHOUT A PERMIT FROM CAROLINE COUNTY.
IF YOU'RE NOT STORING IT, IF I STORE IT LESS THAN 45 DAYS, RIGHT.
IF I BRING IT IN AND IT SETS ON MY FARM FOR TAKES ME 45 DAYS TO GET RID OF WHATEVER THE STATE'S ALLOWING ME TO APPLY TO MY FARMS. CORRECT. I NEED NOTHING FROM CAROLINE COUNTY.
IF I'M GOING TO STORE IT FOR LONGER THAN THAT IS WHEN I FALL INTO THE PERMIT FOR CAROLINE COUNTY.
YEAH. SO I THINK LIKE STATED EARLIER, YOU'RE GOING TO CHANGE THE LANGUAGE.
YES. SO I GOT A PERMIT FROM THE STATE THAT SAYS I CAN USE IT ON MY PROPERTY.
BILLY BOB'S TRUCK SERVICE TO BRING IT DOWN TO MY 100 ACRE FARM.
AND HE DUMPS IT INTO MY SQUARE BOX TANK THAT'S GOT WHEELS ON THE BACK OF IT.
TWO WEEKS FROM NOW I GOT MY TRACTOR OUT THERE WITH MY LIQUID SPREADER.
AND WE'RE SPREADING IT LIKE THAT.
AND I DON'T NEED NOTHING FROM THE COUNTY.
I DON'T NEED TO NOTIFY ANYBODY WITHIN TWO MILES OF THE OPERATION OR DO ANYTHING.
WHAT I SUSPECT IN THE APPLICATION PROCESS FOR YOUR UTILIZATION PERMIT FROM THE STATE IS THAT YOU'RE GOING TO HAVE TO ADDRESS, BECAUSE OF THE REQUIREMENT THAT YOU PROVE YOU'VE GOT LOCAL COUNTY REQUISITE APPROVALS FOR STORAGE, THAT YOU WILL HAVE TO EXPLAIN TO THE STATE THAT PROCESS YOU JUST DESCRIBED, YOU WILL HAVE TO SAY, THIS IS HOW I'M APPLYING IT.
I'M NOT STORING IT LONGER THAN WHATEVER THIS THE.
IN THIS CASE, THE COUNTY REQUIREMENT IS 45 DAYS, BUT YOU'RE NOT DUMPING IT INTO A MANURE PIT.
IT'S A TEMPORARY STORAGE, BUT LESS FOR 45 DAYS OR LESS.
OKAY. ONE OF THE I MEAN, ONE OF THE OPTIONS IS TO DRAFT IT IN SUCH A WAY THAT WHATEVER THE VEHICLE IS THAT BRINGS IT ON TO YOUR FARM, IT HAS TO STAY IN THAT VEHICLE UNTIL IT IS APPLIED. I MEAN, YOU DON'T GET TO PUT IT INTO ANOTHER NOT TRANSFERRED AT ALL.
NOW IT'S UP TO THE COMMISSIONERS AS TO WHETHER THEY WANT TO GO THAT FAR.
BECAUSE AGAIN, THAT'S HOW IT'S DONE NOW.
YOU KNOW, THEY PUT THIS CONTAINER SITTING IN A FIELD AND THEY MAY EMPTY THEM EVERY DAY.
IS THERE A NORMAL APPLICATION PERIOD? IN OTHER WORDS, YES.
THIS MAY THROUGH JUNE OR AND THEN YEAH.
SO IT'S LAID OUT. THEY CANNOT APPLY I BELIEVE IT'S FROM DECEMBER 15TH TO MARCH 1ST.
MARCH 1ST. AND THAT'S HOW IT IS FOR POULTRY MANURE.
DID YOU HAVE THAT WHERE IT HAD ALL THE TIME TABLES? I THINK THERE WAS THREE TIME PERIODS THE SPRING TIME SUMMER AND THEN A FALL.
RIGHT. AND INSIDE OF THOSE TIME PERIODS WHAT IT LIMITED SOMETHING LIMITED YOU TO. I CAN'T REMEMBER WHAT THE HECK IT WAS A REQUIREMENT OF.
[00:35:06]
OH, YEAH? HOW SOON AFTER YOU HAVE TO PLAN IT? YEAH. YOU HAVE SO MANY DAYS TO GET IT PLANTED.I THINK IN THE FALL, YOU HAD TO PLAN IT ALMOST IMMEDIATELY, OR IT ALREADY HAD TO HAVE BEEN PLANTED TO START RECEIVING PULLING THE NUTRIENTS OUT OF THE SOIL. SO IN OTHER WORDS, YOU COULDN'T SPREAD IT RIGHT UP TO DECEMBER 15TH WITH NOTHING PLANTED ON THE FIELD BECAUSE NOTHING'S GOING TO GROW AFTER DECEMBER 15TH.
SO YOU HAD TO HAVE SOMETHING ESTABLISHED.
I BELIEVE IT WAS SOMETIME IN OCTOBER OR NOVEMBER.
YOU HAD TO HAVE IT PLANTED IN ORDER TO DO FROM LIKE MID-NOVEMBER TO DECEMBER 15TH, YOU HAD TO HAVE SOMETHING ALREADY ESTABLISHED, OR IT WAS WINDOWS LIKE THAT WHERE THEY REGULATED. SO A LOT OF I MEAN, A LOT OF THAT IS BEEN ADDRESSED. SO SOME OF THOSE ISSUES.
THE STATE DOES NOT REQUIRE IT TO BE A CLOSED TOP CONTAINER.
SO IN OUR BILL IT'S GOT TO BE CLOSED.
AND THE IDEA BEHIND THAT IS TO PREVENT ANY POTENTIAL NUISANCE TO NEIGHBORS OR ANYTHING LIKE THAT.
THE SECONDARY CONTAINMENT THERE'S A LOT OF DISCUSSION IN HERE ABOUT VECTORS, BIRDS, BUGS, INSECTS.
BUT THAT LANGUAGE IS IN HERE JUST IN CASE.
THERE WAS ISSUES ASSOCIATED WITH, WITH THE STORAGE AND THE SECONDARY CONTAINMENT SYSTEM AND THE LEAK MONITORING LEAK DETECTION SYSTEM, SO THAT IF YOU DO HAVE A LEAK, LEAK, IT IS DETECTED, MONITORED.
SO I THINK THOSE ARE THE MAJOR OVER AND ABOVE DIFFERENCES BETWEEN THE STATE REGULATIONS AND OURS.
BUT THOSE ARE ONLY REALLY FOR LONG TERM STORAGE.
YES. THIS IS PRETTY MUCH FOR THE GUY THAT'S GOING TO COMMERCIALLY STORE IT.
WELL, NOT COMMERCIALLY, BUT STILL FOR THEIR OWN USE.
SO THIS IS TO ALLOW SOMEBODY TO STORE IT IN THAT PERIOD.
AND THAT WAY MARCH 1ST THEY CAN START PUMPING OUT AND APPLYING IT ON THEIR FIELD IMMEDIATELY.
NOW I NEED NOW I NEED A PERMIT IN ORDER TO DO THAT.
AND THEN IN THE SUMMERTIME, LET'S SAY YOU'VE GOT CROPS IN YOUR FIELD.
CORN, SOYBEANS, IT'S ALL GROWING.
WELL, YOU CAN'T APPLY LEGALLY.
BUT I STILL CAN'T STORE MORE THAN I USE.
YES. IN OTHER WORDS, I MEAN, IF IT'S 30,000 GALLONS, THAT'S ALL I CAN DO.
I CAN'T STORE 50, SO I CAN GIVE HER 20, RIGHT? BUT KEEP IN MIND THE APPLICATION RATES ARE PRETTY HIGH, SO THE STORAGE IS GOING TO BE HIGH.
YEAH. I MEAN AND THAT'S BASED ON YOUR NEW TREATMENT I RAN I RAN THAT TOP SECRET.
WELL I'LL TELL YOU THIS I THE ONE PERSON THAT WE'VE HAD SOME ISSUES WITH, I THINK THEY'VE GOT AROUND 3 TO 4 MILLION GALLONS WORTH OF STORAGE, AND THEY CAN APPLY IT ON THE FARMS THAT THEY OWN IN THE COUNTY UNDER THE NEW 3 TO 4 MILLION GALLONS OF IT.
AND THEY DON'T OWN THAT MUCH FARMLAND.
I MEAN, HANNAH CAN ATTEST TO THAT TOO, RIGHT? NOT SO MUCH, BUT.
YEAH. BUT I MEAN IT BUT IT'S A NUISANCE FOR YOUR TYPICAL FARMER IN MY EXPERIENCE, WHICH IS VERY LIMITED.
WHO WANTS IT APPLIED ON THEIR FIELD.
THEY HAVE A COMPANY LIKE DENALI COMES IN AND DOES IT FOR THEM.
AND WITH ALL THIS IN FRONT OF US, THAT IS SOMETHING THEY'RE GOING TO HAVE TO GO TO THE DEPARTMENT OF AG AND DO NOT NECESSARILY THE FARMER, UNLESS THE FARMER IS GOING TO APPLY IT THEMSELVES. AND NOT MANY PEOPLE HAVE THE EQUIPMENT TO DO THAT.
[00:40:01]
REALLY, A HANDFUL OF PEOPLE HAVE THE EQUIPMENT TO ACTUALLY DO THAT, SO THEY STILL WANT IT APPLIED.THEY STILL WANT TO APPLY TO THEIR FIELD.
WE'RE NOT IT'S NOT TAKING THAT AWAY.
NO WE DON'T HAVE ANY AUTHORITY TO DO THAT.
YET UNLESS THEY HAVE ANOTHER ROUND OF TESTIMONY LIKE THAT IN THE GENERAL ASSEMBLY NEXT YEAR.
AND THEN, AND THEN THEY CHANGE THEIRS.
DID I COVER WHERE WE'RE GOING? OVER AND ABOVE. PRETTY MUCH.
YEAH. SO WITH THE BEFORE WE GET TO THE PUBLIC THING, HAS ANYBODY GOT ANYTHING THEY WANT TO CHANGE? I JUST DON'T LIKE THE NUTRIENT MANAGEMENT PART.
WE'RE JUST GOING TO START A FIGHT ABOUT SOMETHING THAT IT'LL GET SO FAR AWAY FROM RESIDUALS.
IT'S NOT GOING TO BE ABOUT THIS.
WELL, IF ANYTHING IN HERE GETS US GETS CHALLENGED, THAT'LL PROBABLY IT'LL BE.
THAT'LL GET CHALLENGED. HANNAH WHAT'S THAT? I HAVE NO PROBLEM WITH THAT CHALLENGE.
SO IT BASICALLY YOU FILL OUT THE OPERATOR'S NAME ADDRESS, AND THEN THE NUTRIENT MANAGEMENT CONSULTANT FILLS OUT WHEN THEIR PLAN WAS PREPARED AND THE DATES THAT IT'S COVERED AND HOW MANY ACRES IT COVERS.
YEAH. AND AT WHAT RATE THEN? THAT WOULD PROBABLY BE SUFFICE.
AND THEN IF THERE'S A QUESTION THEN, YOU KNOW, DIG INTO IT A LITTLE BIT DEEPER.
WHO SAID YOU CAN'T HAVE IT? IN THE END, WHEN WE SAY, ALL RIGHT, WHAT'S THE RATE FOR THIS FARM? YOU CAN'T HAVE THAT.
OKAY. SO I'M GOING TO PARK MY 30,000 GALLONS THERE.
I MEAN IT'S SIGNED BY THE 500 SEALED CONTAINERS OUT THERE, YOU KNOW, THAT'S MORE THAN A MILLION GALLONS.
YEAH, BUT I DON'T I AGREE WITH YOU.
WE DON'T NEED TO BE INTO THE PLAINTIFFS BECAUSE WE'RE JUST GOING TO START A FIGHT.
THAT'S GOING TO BE A FIGHT. BUT WE NEED SOMETHING THAT SAYS, HOW MUCH ARE YOU ALLOWED TO HAVE? ROUGHLY TRUST BUT VERIFY TO HAVE A WAY TO VERIFY WHAT INFORMATION THE DEPARTMENT IS GIVEN.
AND I DON'T KNOW HOW YOU DO THAT OTHER THAN THE NUTRIENT MANAGEMENT.
YOU CAN'T HAVE A COPY, BUT I SWEAR IT'S TRUE.
AND WHEN I GOT IT, DOES ANYBODY THINK THAT WE'RE GOING TO WIN THAT FIGHT? DO YOU WANT A PERMIT IN CAROLINE COUNTY? YOU GIVE THAT INFORMATION AS PART OF YOUR APPLICATION.
I GUESS WE CAN GO TO THE COUNTY COMMISSIONERS AND PUT THAT IN THERE, THAT THEY DON'T GIVE IT UP, THEN THEY DON'T. THEY DON'T GET IT, THEN THEY DON'T GET A PERMIT.
AND IF THEY DON'T GET A PERMIT, THEY CAN'T GET A STATE PERMIT.
WELL, THEY COULD STILL GET A STATE PERMIT.
YEAH. THEY JUST WOULDN'T GET A PERMIT FOR STORAGE FROM US.
SO WHEN IT COMES TO STORAGE THIS IS REALLY WHEN IT OURS COMES INTO PLAY.
DIDN'T THE BAY PROGRAM HAVE TO DO AN NDA WITH MDA TO GET THAT INFORMATION WHEN THEY DID? YOU GUYS MIGHT KNOW THIS.
THE BAY MODEL TO GET NUTRIENT LOADING INFORMATION FOR THE CHESAPEAKE BAY TMDL.
DIDN'T THE CHESAPEAKE BAY PROGRAM WORK WITH THE ANNUAL IMPLEMENTATION REPORTS? EVERY YEAR, FARMERS HAVE TO FILL OUT ANNUAL REPORTS.
[00:45:06]
APPLICATION RATES ARE, REGARDLESS OF WHETHER I REMEMBER THERE WAS SOME DISCUSSION OF DOING A NONDISCLOSURE AGREEMENT SO THAT SO THAT THE BAY PROGRAM AND EPA COULD GET THAT DATA.AND I THOUGHT IT HAD HAPPENED.
ANYWAY, THERE MAY BE A WAY TO NARROWLY CONFINE THE INFORMATION WITH ASSURANCES AND AGREEMENTS THAT ALLOWS IT AND COMFORT OF THE FARMER.
SEND THIS ON TO THE COMMISSIONERS WITH A POSITIVE RECOMMENDATION AS IS.
WE CAN SEND IT ON WITH A POSITIVE RECOMMENDATION IF THE EDIT IS MADE.
YOU KNOW THAT HANNAH'S DISCUSSING WHERE WE WE COME UP WITH SOME TYPE OF FORM WHERE WE ONLY AFFIDAVIT THAT CERTIFIES THAT THIS IS HOW MANY ACRES OF LAND I OWN, AND THIS IS HOW MUCH I'M GOING TO APPLY PER ACRE.
SO THEREFORE THIS IS HOW MUCH I CAN STORE.
NOW, I KNOW THAT THAT PROBABLY VARIES DEPENDING ON YOUR NUTRIENT LOAD RIGHT FROM YEAR TO YEAR.
WELL YEAH. BUT THE PERMIT EXPIRES IN A YEAR.
SO THAT'S A YEAR PERMIT. IT'S GOING TO BE UPDATED YEARLY.
I MEAN I DON'T HAVE A PROBLEM WITH THAT BECAUSE YOU KNOW AGAIN.
BUT YOU'RE NOT GOING TO CHANGE THE SIZE OF THE STRUCTURE EITHER.
IT'S GOING TO BE A PERMANENT STRUCTURE.
IF ANYBODY BUILT ONE, YOU KNOW, AS YOU WOULD JUSTIFY FOR YEAR ONE, AND THEN YOU COULD ALWAYS MAKE IT LARGER DOWN THE ROAD IF YOU SHOWED THAT YOU HAD A NEED FOR MORE STORAGE.
I CAN BUILD A STRUCTURE AS BIG AS I WANT IT, RIGHT.
IF I WANTED A 5 MILLION GALLON STRUCTURE, I CAN BUILD THAT.
I JUST CAN'T ENGAGE UNLESS I'M USING THAT MUCH.
YOU CAN'T FILL IT UP. I MEAN, LIKE, YOU.
TRUE. THAT WOULD BE THE COUNTY THAT GOES OUT AND CHECKS.
OR WILL WE NOT GET A PERMIT FOR A STRUCTURE? I MEAN, WE'RE GOING TO HAVE AS A PART OF THE PERMIT, THEY'RE GOING TO HAVE TO SUBMIT ARCHITECTURAL DRAWINGS.
SO WE WOULD VERIFY THAT THE SIZE OF THE STRUCTURE IS NOT ANY LARGER THAN.
YEAH, YOU'RE GOING TO HAVE A DIGESTER.
RIGHT. BUT I'M A BUSINESS MAN.
AND NEXT YEAR I'M GOING TO LEASE ME 500 MORE ACRES.
WHEN I BUILD A TANK? I'M ONLY GOING TO BUILD IT ONCE.
YOU'VE JUST GOT TO COST A BUSINESS TO BUILD A BUILD ANOTHER ONE, RIGHT? I MEAN, YOU PUT A GREEN TANK UP.
BUILDING. ARE YOU GOING TO ADD ONTO THE ONE YOU GOT? RIGHT. OKAY. THAT'S JUST HOW IT WORKS.
I MEAN, I MEAN, I BOUGHT MY HOUSE, MY FAMILY GOT BIGGER.
THAT SAME CONCEPT. NEED MORE SPACE.
I MEAN, THAT'S A THAT'S A THAT'S A THING.
I THINK GOVERNMENT MAKES A PROBLEM ALL THE TIME.
THEY DON'T PLAN FOR THE FUTURE.
AND WE GOTTA GO BACK TO OUR STUFF DOWN AND BUILD IT AGAIN.
ARE Y'ALL DONE? CAN WE HAVE IT FOR NOW? YOU WANT TO TAKE A BREAK FOR JUST A MINUTE? I'M GOING TO TAKE A BREAK, SIR.
JUST FOR A MINUTE. WE'LL JUST SIT HERE AND LOOK AT EACH OTHER.
OH MY GOSH. YOU TWO GENTLEMEN THAT WALKED IN, ARE YOU GOING TO WANT TO SPEAK? OKAY, THERE'S A SIGN UP SHEET SOMEWHERE.
SO WHY DON'T YOU GRAB THAT? YEAH, HE'S COMING UP.
I'M ASSUMING THE RESTROOMS UP THIS WAY.
YEAH. TAKE A RIGHT TURN TO YOUR RIGHT.
OKAY. WE KNEW THAT WAS COMING.
HE ALREADY HAD THE PROPERTY UNDER.
[00:50:05]
OKAY. OKAY.WE DON'T HAVE TO ENGAGE WITH THIS.
YEAH, THEY CAN MAKE THEIR COMMENTS.
THANK YOU. YEAH, WE'LL PASS THEM ON.
I THINK YOU HAVE SOME KIND OF.
LET'S NOT MESS WITH THE NEW MANAGEMENT.
I THINK WE CAN OPEN AN ARGUMENT.
I THINK, WHY IS THIS TAKING SO LONG [INAUDIBLE] STATEMENT? WHY [INAUDIBLE].
WHAT'S THE SECRET? I SCHOOL ME ON THIS BECAUSE THIS IS, YOU KNOW, I MEAN, ME PERSONALLY, IT'S NOT A BIG DEAL.
I MEAN, IT'S LIKE THROWING OUT YOUR HEALTH RECORDS OR SOMETHING, RIGHT? BUT LET ME ASK YOU.
I MEAN, IF I COME UP HERE AND SAY, HEY, CAN I GIVE YOU THAT GRADE LIKE THAT, YOU KNOW, HOW DO YOU DO THAT? YOU GOT A PROBLEM WITH TELLING ME OR YOU GO, OH NO, NO NO NO NO NO.
BUT BUT I CAN UNDERSTAND I MEAN, I CAN UNDERSTAND BECAUSE THEY COULD GO AROUND, SOMEBODY COULD GET IT AND GO AROUND AND TRY TO UNDERCUT THEM, YOU KNOW, TO GET THEIR GROUND AWAY FROM THEM OR, YOU KNOW, THAT KIND OF STUFF OR, YOU KNOW, MAYBE YOU COULD LOOK AT IT AND SAY, OH, I CAN TELL THAT FOR $300 AN ACRE WHERE HE'S ONLY PAYING 250 BECAUSE YOU'VE GOT THE NUTRIENT MANAGEMENT REPORT.
YOU KNOW WHAT THE SOIL IS ON THAT PARTICULAR FARM, I GUESS.
SO I COULD SEE IT FROM THAT STANDPOINT.
AND THEN YOU GOT SOME PEOPLE WHO PROBABLY OVER APPLY FERTILIZERS, AND THEY DON'T WANT EVERYBODY TO KNOW WHAT THEY CAN ACTUALLY APPLY BECAUSE THEN, YOU KNOW. THAT THEY WERE PUTTING MORE ON THERE THAN THEY WERE SUPPOSED TO.
WELL, THAT'S NOT REALLY IN THE PLAN.
YEAH, BUT WHAT THEY ACTUALLY DID.
NO, WHAT I'M SAYING WAS IF YOU KNEW HOW MANY POUNDS.
NOW THAT WE'VE KILLED AN HOUR HERE WITH THIS, WE WILL.
WE'LL. I KNOW THERE'S A COUPLE PEOPLE HERE THAT WANT TO TALK, SO WE'RE GOING TO HAVE PUBLIC COMMENT.
[Public Comment ]
PLEASE COME UP AND JUST STATE YOUR NAME.BUT PLEASE, LET'S WE DON'T WANT TO BE HERE ALL NIGHT.
PLEASE BE PLEASE BE REASONABLE TO YOUR FELLOW PEOPLE HERE.
SO THE FIRST PERSON ON THE LIST IS MS. HOLLY PORTER. THAT'S A LOW CHAIR.
OKAY. I JUST THOUGHT WE WERE SORRY.
GOOD EVENING. MY NAME IS HOLLY PORTER AND I AM HERE TONIGHT BOTH AS A CAROLINE COUNTY TAXPAYING CITIZEN AS WELL AS THE EXECUTIVE DIRECTOR OF THE DELMARVA CHICKEN ASSOCIATION, WHO, OF COURSE, IS THE TRADE ASSOCIATION THAT REPRESENTS OUR CHICKEN GROWERS, CHICKEN COMPANIES AND ALLIED BUSINESSES.
I WILL START BY SAYING I WOULD BE VERY DISMAYED IF MY TAXPAYING DOLLARS WAS TO PUT TO A LAWSUIT TO TRY TO FIGHT SOMETHING THAT MARYLAND FARM BUREAU HAS PROTECTED FOR MANY, MANY YEARS, WHICH IS THE PRIVACY OF OUR OUR NUTRIENT MANAGEMENT PLANS AS WELL.
I'M ALSO HERE TONIGHT TO ASK THE PLANNING COMMISSION TO NOT GIVE THIS A POSITIVE RECOMMENDATION TO THIS BILL, AS IT ACTUALLY STATES ON PAGE TWO IN THE SEVENTH, WHEREAS BUT TO RATHER LOOK AT OTHER WAYS TO ADDRESS THE ISSUES OF FOOD PROCESSING, RESIDUAL STORAGE, AS WAS MENTIONED, HB 991 WAS PASSED AND SIGNED, AND IT WAS ACTUALLY SUPPORTED BY US WITH AMENDMENTS.
[00:55:04]
WE'VE NOT SAID NO, WE HAVE NOT SAID THAT THERE ARE NO CONCERNS.AND WE HAVE REPEATEDLY ASKED TO WORK WITH THE COUNTY FOR SOLUTIONS.
ON JULY 3RD, AS YOU SAW, THE MARYLAND DEPARTMENT OF AG SENT TO AELR THOSE EMERGENCY REGULATIONS FOR A PERMITTING SCHEME FOR REALLY THREE THINGS LAND APPLICATION, HAULING AND STORAGE.
IT WAS 17 PAGES VERSUS THE 25 THAT IS JUST FOR STORAGE HERE FOR CAROLINE COUNTY.
IN JUNE, CARROLL COUNTY, WHO ALSO HAD A BAD ACTOR IN THE COUNTY, ISSUED A TWO PAGE DOCUMENT TO ADDRESS THE STORAGE OF FPRS UNDER THEIR PLANNING AND ZONING CODES AS A TEXT AMENDMENT, NOT AS A NEW PERMITTING SCHEME THAT DUPLICATES THE STATE'S EFFORTS.
I HAVE REPEATEDLY BEEN TOLD THAT CAROLINE COUNTY DOES NOT HAVE THE RESOURCES TO ENFORCE THE BAD ACTOR THAT'S OUT THERE, AND YET NOW WE HAVE THE RESOURCES TO CREATE A PERMITTING SCHEME THAT, AGAIN, REPEATS AND IS MORE ONEROUS THAN THE STATES.
WHAT IS PERMITTED, WHAT IS PERMITTED WITH A SITE PLAN, WHAT IS REQUIRED TO HAVE SPECIAL USE EXCEPTION, AND THE ABILITY TO ADD ADDITIONAL REGULATIONS OR SETBACKS, SUCH AS A SWINE OPERATION REQUIRES A 500 FOOT SETBACK OR A FEEDLOT A 500 FOOT SETBACK.
FOOD PROCESSING RESIDUALS ARE NOT TOXIC.
IT IS A REGISTERED SOIL AMENDMENT WITH THE STATE OF MARYLAND.
IT HAS A NUTRIENT CONTENT THAT IS LESS THAN SOME COMMERCIAL FERTILIZER, WHICH FARMERS CAN STORE ON FARMS NOW, WITH NO MAJOR CONCERNS FOR WATER QUALITY.
FINALLY, FOR A COUNTY WHOSE NUMBER ONE ECONOMIC.
ECONOMIC DRIVER IS AGRICULTURE AND INCLUDES CHICKEN FARMS, THIS WAS THE COUNTY THAT HAD THE MOST GROWTH IN CHICKEN FARMS WITH OUR USDA'S LAST CENSUS.
I'M NOT SURE IF YOU'VE BEEN TO A DAIRY FARM OR A CHICKEN FARM RECENTLY, BUT THERE ARE FLIES.
SO IF RESIDENTS START COMPLAINING ABOUT FLIES AROUND CHICKEN FARMS AND DON'T THINK THAT'S NOT POSSIBLE, WHAT IS THIS COUNTY GOING TO DO? I'VE BEEN FIGHTING THE ISSUES OF ODOR AND PUBLIC HEALTH RISK AROUND CHICKEN FARMS IN ANNAPOLIS FOR YEARS.
I'M NOT GOING TO THINK THAT THAT'S NOT GOING TO POTENTIALLY STOP HERE IN CAROLINE COUNTY.
IT SOUNDS LIKE MAYBE THERE WAS A WORKSHOP, BUT I DON'T BELIEVE IT WAS PUBLIC.
LET'S HAVE A WORK SESSION SO WE CAN SHARE FACTUAL INFORMATION, NOT INFORMATION THAT'S BEING PUT OUT BY OTHER GROUPS AND BRING IN SUBJECT MATTER EXPERTS.
BECAUSE I KNOW THAT THERE'S A LOT OF QUESTIONS.
I'M JUST ASKING THAT WE TAKE A PAUSE.
I KNOW THAT SAYS IT'S EMERGENCY REGULATIONS.
I KNOW THAT CURRENTLY, AS OF RIGHT NOW, THERE IS A MORATORIUM UNTIL NOVEMBER 1ST.
SO THAT MEANS THAT EVEN IF THE STATES GETS IMPLEMENTED IN JULY HERE IN THIS COUNTY, SOMEONE WOULD NOT BE ABLE TO APPLY FOR A STATE PERMIT BECAUSE YOU HAVE A MORATORIUM ON ALREADY.
AND THAT'S NOT 25 PAGES OF CONFUSION.
MR. CHAIRMAN, MEMBERS OF THE COMMISSION.
JUST APPRECIATE ALL OF THE WORK OF THE COMMISSIONERS AND EVERYONE IN CAROLINE COUNTY.
[01:00:01]
CAROLINE COUNTY HAS PUT SO MUCH WORK INTO THIS LEGISLATION.IT COMES AT THE RIGHT TIME AND AT THE RIGHT PLACE.
YOU KNOW, THE STATE IS REQUIRING A PERMIT FOR APPLICATION.
AND THIS BILL BEFORE YOU IS A PERMIT FOR STORAGE.
IT'S BOOKENDS FOR A COMPLETE SET OF REGULATIONS ADMINISTERED AT THE STATE AND LOCAL LEVEL TO ENSURE THIS PUBLIC HEALTH THREAT, THIS ENVIRONMENTAL THREAT IS ADEQUATELY ADDRESSED.
JUST WITH REGARDS TO THAT SORT OF DIVISION OF RESPONSIBILITY, THE STATE WAS VERY INTENTIONAL IN THE DEBATE ON THIS BILL TO BE RELATIVELY SILENT ON THE STORAGE PIECE, KNOWING THAT LOCAL BUILDING CODES, CITING AUTHORITY FOR STRUCTURES ALMOST ALWAYS REFERS TO IS THE RESPONSIBILITY OF LOCAL GOVERNMENT.
THEY DIDN'T WANT TO STEP ON LOCAL GOVERNMENTS TOES.
BUT THEY ALSO SAY IF YOU WANT TO BUILD A STRUCTURE, YOU NEED EVIDENCE THAT YOU HAVE ALL LOCAL APPROVALS RELATED TO THAT STRUCTURE, AGAIN, DEFERRING TO THE LOCAL GOVERNMENT FOR ITS LOCAL CITING CONTROL, WHICH YOU PROPERLY OWN AND SHOULD ADMINISTER.
THIS BILL GIVES YOU THAT AUTHORITY TO DEAL WITH LOCAL STORAGE.
THE BILL GETS THE COUNTY READY.
SO THAT SPEAKS TO THE NEED FOR EMERGENCY LEGISLATION.
AND THE BILL OBVIOUSLY RESPONDS TO AN URGENT ENVIRONMENTAL AND PUBLIC HEALTH NEEDS, YOU KNOW, IN THIS VERY ROOM IN DECEMBER, I DON'T KNOW WHAT THE ESTIMATES ARE, 150, 200 PEOPLE IN THE ROOM. IT'S BEEN SAID THAT'S BEEN THE LARGEST PUBLIC HEARING EVER.
OBVIOUSLY, THE CITIZENS OF THIS COUNTY CARE ABOUT THIS ISSUE.
THEY'RE AFFECTED BY THIS ISSUE AND THIS LEGISLATION RESPONDS.
JUST ONE SPECIFIC ABOUT THE BILL.
IT WAS MENTIONED ABOUT THE FINES.
YOU KNOW, THAT RELATIVELY SMALL AMOUNT OF MONEY COULD BE CONSIDERED JUST THE COST OF DOING BUSINESS AND MAYBE YOU KNOW, MAY RESULT IN THE PERMITTING PROGRAM ACTUALLY NOT PRODUCING THE INTENDED EFFECT.
WELL, WE'LL JUST PAY THE FINE AND CONTINUE MOVING ALONG.
THIS IS NOT A BAN ON FOOD PROCESSING RESIDUALS.
AS THE COMMISSIONERS AND OTHERS HAVE SAID, THIS IS AN AGRICULTURAL COUNTY.
THIS IS AN AGRICULTURAL MATERIAL THAT WE'RE DEALING WITH.
THE STORAGE OF THIS MATERIAL WON'T BE BANNED OR PROHIBITED BY THIS LEGISLATION.
IT WILL ALLOW IT TO BE HANDLED UNDER CERTAIN TERMS AND CONDITIONS THAT I THINK THE PUBLIC, THE COUNTY GOVERNMENT AND EVERYONE EXPECTS AND ARE APPROPRIATE, PARTICULARLY GIVEN ALL THE CONCERNS THAT THE PUBLIC HAS RAISED.
SO LONG TERM, YOU KNOW, WE ENCOURAGE THE COUNTY AND REALLY EVERYONE TO WORK WITH US ON JUST WHAT IS THE LONG TERM SOLUTION TO THIS ISSUE.
IN SOME CASES WHEN THE INDUSTRY HAS OWNERSHIP OVER THIS MATERIAL, IT CONTROLS THE MANAGEMENT, ALL OF THE EQUIPMENT USED TO GENERATE THE MATERIAL TO HAVE THE MATERIAL DISTRIBUTED.
AND THIS ISSUE HAS BEEN GOING ON FOR YEARS IN THIS COUNTY.
HOLLY CAN CORRECT ME. I'M PARAPHRASING HERE.
OUR COMPANIES ARE GOOD AT PROCESSING AND MARKETING CHICKEN, BUT THERE ARE OTHER BETTER.
THERE ARE OTHER COMPANIES THAT ARE BETTER AT WASTE MANAGEMENT.
[01:05:06]
BUT IN THE END, IT COMES DOWN TO PERMITTING AND REGULATION.WHO CAN HELP WITH THESE ISSUES? CAROLINE COUNTY HAS REALLY BEEN FORCED, I THINK, INTO BEING EXPERTS ON THIS ISSUE.
SO I THINK THEY CAN COME TO THE TABLE AND HAVE A CONVERSATION WITH THE INDUSTRY AND BE HELPFUL.
TWICE THIS WEEK, ONCE EARLIER TODAY, ONCE ON MONDAY MEETING WITH THE INDUSTRY TO DISCUSS A NUMBER OF ISSUES RELATED TO CHICKEN FARMING AND THE ENVIRONMENT.
THIS IS A SERIOUS ISSUE THAT NEEDS TO GET DEALT WITH.
DEALING WITH LEGISLATION LIKE THIS, THE INDUSTRY FEELING LIKE THEY'RE LEFT OUT OF THE CONVERSATION.
IF THE INDUSTRY WAS WILLING TO WORK ON THE FRONT END TO GET THESE SOLUTIONS IN PLACE.
AND WE ARE HERE WITH THIS LEGISLATION NOW.
IT'S NEEDED FOR THIS COMMUNITY.
WE ENCOURAGE YOU TO MAKE A FAVORABLE RECOMMENDATION TO THE COMMISSIONERS.
THANK YOU ALL. FOR THE RECORD, MY NAME IS MATT PLUTA.
I'M THE CHOPTANK RIVERKEEPER WITH SHORE RIVERS REPRESENTING TODAY.
SO I REALLY APPRECIATE THAT AND THE DIRECTION IT'S BEEN TAKING.
I DID SUBMIT COMMENTS WRITTEN, I THINK, TO STAFF, SO I DON'T KNOW IF THOSE MADE IT TO THE PLANNING COMMISSION, BUT THOSE WERE MORE SORT OF TECHNICAL AND SOME OF THE WORDING IN THE LANGUAGE THERE.
THOSE ARE ONES THAT WE PICKED UP WHEN WE REVIEWED IT.
YOU KNOW, THERE WAS A CALL FOR EARLIER ON THAT TRUCKING ROUTES BE SUBMITTED WITH APPLICATIONS.
I DIDN'T SEE ANY OF THAT IN HERE, BUT THAT WOULD BE A WAY THAT THE COUNTY COULD MAKE SURE THAT, YOU KNOW, DAMAGED ROADS AREN'T GETTING FURTHER DAMAGED OR THAT, YOU KNOW, YOU MIGHT PRIORITIZE WHERE MOVEMENT OF THESE VEHICLES GO BASED OFF OF WHERE THE STORAGE TANKS ARE LOCATED.
ANOTHER ONE. SO CAN I INTERRUPT YOU FOR JUST A SECOND.
THAT DOES INCLUDE THE TRUCKING.
I FEEL LIKE IT'S TOUCHED ON IN THE STATE.
IT IS SECTION 13 AND IN THE STATE ONE AS WELL.
YEAH. GREAT. OKAY, WELL, GLAD THAT'S BEEN DOUBLE CHECKED.
THANK YOU. THE THING, THE NUTRIENT MANAGEMENT PLAN I THOUGHT WAS INTERESTING.
AND THE PIECE ABOUT, YOU KNOW, DENALI REALLY UPDATING THESE PLANS WHEN LOADS ARE COMING TO THE FARMS. I'VE HEARD THAT A NUMBER OF TIMES WHERE THESE NUTRIENT MANAGEMENT PLANS CAN BE UPDATED A NUMBER OF TIMES THROUGHOUT A YEAR OR SO, OR THROUGHOUT A SEASON BASED OFF OF WHAT'S BEING BROUGHT. SO I GUESS THE POINT THERE IS WE NEED TO KNOW WHAT'S COMING IN, RIGHT? AND WE NEED TO KNOW IF THOSE PLANS ARE BEING UPDATED BECAUSE SOMETHING NEW HAS BEEN BROUGHT INTO THAT AREA.
AND SO THE FACT THAT YOU DO INCLUDE HERE THAT THE REQUEST THAT THEY HAVE TO INCLUDE UPDATED SUMMARIES, IT'S LISTED NOW OR CERTIFICATIONS AS YOU MOVE INTO, I THINK IS IMPORTANT TO KEEP BECAUSE OF HOW FLUID, YOU KNOW, THOSE PLANS COULD BE THROUGHOUT THE YEAR.
AND THEN JUST KIND OF THAT TRUST AND VERIFY PIECE STUCK OUT WITH ME.
THERE'S COMMONLY A LOGBOOK THAT'S ASSOCIATED WITH THAT.
AND SO YOU COULD SEE WHAT HAS BEEN BROUGHT IN BASED OFF OF WHAT'S RECORDED IN THE LOG BOOK.
AND THEN ALSO, YOU COULD PROBABLY REQUEST THAT THOSE AIRS BE SUBMITTED TO YOU ON THE BACK END.
AND YOU COULD SOMEHOW, YOU KNOW, EQUATE THAT TO THE VOLUME OF STORAGE.
SO JUST TRYING TO DIG IN MORE ON HOW YOU'RE ACTUALLY GOING TO VERIFY THAT.
AND THOSE SUGGESTIONS MIGHT BE HELPFUL.
AND THIS IS WHERE THE NUTRIENT MANAGEMENT PLANS NEED TO BE UPDATED IF THINGS ARE CO-MINGLED.
AND JUST TO REFLECT ON THAT, YOU KNOW, I HEARD EARLY ON IN THIS, IN THIS SITUATION HERE IN THE COUNTY WHERE ONE OF THE LAW ENFORCEMENT OFFICERS PULLED OVER A TRUCK AND FOUND OUT THAT IT WASN'T DAF THAT WAS BEING BROUGHT TO A DAF STORAGE AREA, BUT IN FACT, IT WAS AMMONIA WATER.
[01:10:06]
JUST A FAST FORWARD, YOU KNOW, SEVERAL MONTHS LATER, IT WAS DETERMINED THAT, YOU KNOW, THIS DAF LOOPHOLE, AS WE'LL CALL IT, WAS BEING USED TO DISTRIBUTE UNTREATED WASTEWATER FROM AN INDUSTRIAL FACILITY HERE ON THE SHORE TO THESE LAGOONS.YOU KNOW, THIS HAS BEEN GOING ON.
BUT I KNOW THE MATTER WAS REFERRED FROM MDE TO THE ATTORNEY GENERAL.
AND SO MAYBE A SPELL OUT ON JUST THAT PIECE EXACTLY ABOUT THE CO-MINGLING.
YOU KNOW, I DON'T THINK THE SIZE OF THE BILL REALLY MATTERS.
I THINK IT'S HOW EFFECTIVE THE BILL IS.
AND SO I JUST WANT TO SAY, I DO THINK THIS BILL DOES A REALLY GOOD JOB AT, YOU KNOW, MAKING SURE THE COUNTY IS TAKING CONTROL OF WHAT THEY ARE RESPONSIBLE FOR, WHICH WAS MADE VERY CLEAR IN THE STATE LEGISLATION THAT STORAGE WAS GOING TO BE PUT ON THE COUNTY.
SO I DO THINK THAT THE 25 PAGES HERE ARE NECESSARY AND DO A GOOD JOB AT COVERING ALL THE BASES.
SO WITH THAT, I DO WANT TO ENCOURAGE A FAVORABLE REPORT FROM THE PLANNING COMMISSION.
CAN I ASK YOU A QUESTION? SURE. IN YOUR WRITTEN COMMENTS YOU SUBMITTED THE ONE THAT REFERS TO PAGE 15.
I DON'T KNOW IF YOU HAVE THEM IN FRONT OF YOU.
PROVIDE THE DEPARTMENT WITH ACCEPTABLE EVIDENCE.
I'M NOT SURE I UNDERSTOOD WHAT YOU WERE TRYING TO SAY THERE.
YOU KNOW, I'M NOT A BOND EXPERT.
SO THAT WAS ACTUALLY A NOTE FOR ME THAT I MEANT TO GO BACK AND CORRECT.
BUT LET ME CIRCLE BACK ON THAT.
IF THERE IS A COMMENT, I'LL MAKE SURE TO GET IT TO YOU.
GREAT. YEAH. THAT'S ALL SIGNED UP TO TALK. ANYBODY ELSE GOT ANYTHING THEY WANT TO ADD TO THAT? THIS IS FOR EVERYBODY.
ANYBODY? I FEEL LIKE THE CO-MIXING WAS IN A STATE TOO.
AM I WRONG? IT'S KIND OF HINTED ON IN BOTH OURS AND THE STATES, BUT IT'S NOT EXPRESSLY SAID.
IT DOES SAY IT HAS TO BE A REGISTERED SOIL AMENDMENT WITH THE STATE CHEMIST.
WELL, ONCE YOU MIX IT, YOU CAN MAKE THE ARGUMENT THAT IT'S NO LONGER A REGISTERED SOIL AMENDMENT, I THINK WE COULD ADD AND, YOU KNOW, THAT COULD BE A PART OF OUR RECOMMENDATION, THAT WE WOULD SAY, YOU KNOW, YOU CAN'T MIX ANYTHING STORED AS A MIXED.
SOLUTION. OR MAYBE, MAYBE YOU WOULD SAY YOU CAN'T MIX IT WITH ANYTHING THAT IS NOT ALREADY A REGISTERED SOIL AMENDMENT WITH, YOU KNOW, REGISTERED WITH THE STATE CHEMIST.
I UNDERSTAND, YOU KNOW, COMING FROM TWO DIFFERENT FACILITIES, BUT I WOULD SAY I WOULD HAVE A PROBLEM WITH MIXING IT WITH COW MANURE OR, YOU KNOW, SOMETHING SOME OTHER UNREGISTERED FORM OF.
WELL, JUST OUT OF CURIOSITY, DOES A NUTRIENT MANAGEMENT PLAN ADDRESS THE MIXING OF THE SOIL AMENDMENTS OR IS IT STRICTLY. YOU SEE WHAT I'M SAYING? IS IT AN AFTER AFTER THE FACT APPROVAL OF THE PLAN? AND THEN I DO WHATEVER I WANT WITH THE MIXING OF THESE DIFFERENT AMENDMENTS, AND NOBODY KNOWS THAT I'M DOING IT.
THAT'S ONE OF THE REASONS THAT WE HAVE SOMETHING IN HERE ABOUT THAT.
I DON'T BECAUSE THAT'S NOT DID WE EXPRESSLY SAY YOU CAN'T MIX? YOU SAID YOU COULDN'T MIX WITH YOU HAD A SPECIFIC SUBSTANCE.
YEAH. AND WHILE WHILE STEWART'S LOOKING FOR THAT, YOU KNOW, WE DID NOT HAVE ANY MEETINGS.
THIS IS PRETTY MUCH STEWART'S PENMANSHIP.
BLAME ME. SO STEWART GETS ALL THE CREDIT HERE, AND IT HAD TO COME OUT AND START.
SOMEBODY HAD TO START THE PROCESS.
[01:15:06]
I THINK HE'S HEARD US DISCUSS IT DURING COMMISSIONER MEETINGS.HE'S READ THE ARTICLES THAT MISS CONLEY'S DONE ALONG WITH OTHER REPORTERS.
AND STEWART DID THIS PRETTY MUCH PUT THIS TOGETHER FOR US AS A STARTING POINT.
AND I CAN ASSURE YOU, HE HAD A LOT OF OTHER STUFF GOING ON WHILE HE WAS WRITING THESE PAGES.
BUT SO, HANNAH, THE NUTRIENT MANAGEMENT PLAN DICTATES AN AMOUNT OF, I PRESUME, NITROGEN AND PHOSPHORUS, AND THEN THOSE SOURCES HAVE TO BE APPROVED SOIL AMENDMENTS BY THE STATE CHEMIST.
IS THAT THE CHAIN OF CONTROL THAT YOU CAN'T JUST GO GET SOME LIQUID AMMONIA TO HIT YOUR NITROGEN TARGET? IT'S GOT TO BE SOMETHING THAT THE STATE CHEMIST HAS APPROVED TO APPLY ON THE LAND.
I DON'T THINK THAT'S STATED IN THE PLAN.
YOU HAVE TO USE FERTILIZER OR A SOIL AMENDMENT, BOTH OF WHICH FALL UNDER THE STATE SO BUT IT'S AND IT WOULD BE TESTED RIGHT.
RIGHT. SO I KNOW HOW MUCH NITROGEN PHOSPHORUS YOU NEED.
IT HAS TO BE APPROVED. SO I GUESS MATT'S POINT.
CAN SOMEONE GO GET A LOAD OF LIQUID AMMONIA, WHICH I'M ASSUMING IS NOT APPROVED AS A SOIL AMENDMENT, JUST STRAIGHT LIQUID AMMONIA AND PUT THAT DOWN AND MEET THEIR REQUIREMENTS AND NOT BE IN VIOLATION OF A NUTRIENT MANAGEMENT PLAN.
COMMERCIAL NITROGEN IS, I DON'T KNOW, LIQUID NITROGEN.
AND IF YOU DON'T HAVE AN APPROVED SOIL AMENDMENT, THEN THERE WOULD BE THE VIOLATION FOR CO-MINGLING.
THERE'S A DEFINITION THAT YOU REQUIRE APPROVED SOIL AMENDMENTS.
WELL, WITHIN THE BILL IT REQUIRES LIKE SOIL TEST OR TESTING BY THE STATE CHEMIST, I GUESS, TO CONFIRM RIGHT WHAT IT IS. BUT THE ELEPHANT IN THE ROOM IS HOW WE TESTED.
I THINK, YOU KNOW, WE JUST SAY, I DON'T THINK IT'S UNREASONABLE TO SAY YOU CAN'T MIX IT.
I MEAN, YOU'RE GOING TO GET IT FROM ONE SOURCE.
WE'RE NOT WE'RE NOT TALKING ABOUT A LARGE COMMERCIAL STORAGE.
YOU KNOW, WE'RE NOT PERMITTING THAT ANYWAY.
SO YOU JUST CLEARLY SAY YOU CAN'T MIX IT WHILE IN THE STORAGE CONTAINER.
YOU KNOW, THAT'S BETWEEN YOU AND MDA.
IF YOU MIX IT AFTER YOU PULL IT OUT, BEFORE YOU SPREAD IT ON THE FIELD.
BUT INSIDE OF THIS PERMIT, YOU KNOW, THE PERMANENT PERMITTED STORAGE CONTAINER.
SO I JUST I ALSO WANT TO ASK THE QUESTION BECAUSE.
BUT MY CONCERN IS WE KEEP FORGETTING THOSE WHO ARE NOT BAD ACTORS WHO HAVE BEEN UTILIZING STORAGE AND UTILIZING THIS MATERIAL FOR YEARS.
AND MY CONCERN IS THIS DOES NOT GRANDFATHER ANYONE IN.
AND THAT I THINK IS ALSO VERY, VERY CONCERNING.
SO I JUST WANT TO MAKE THAT POINT AS WELL.
I BELIEVE THAT THE STATE, THROUGH THEIR WORDING AND THERE WAS ACTUALLY SOME WORDING THAT YOU USED IN HERE, WHICH I BELIEVE WE HAD ACTUALLY SUGGESTED BE IN THE STATE BILL THAT THEY DIDN'T, WHICH SPOKE TO THE POINT OF IF SOMEBODY WAS APPLYING WHO IS ALREADY BEING INVESTIGATED FOR OTHER THINGS, THEY WOULD NOT BE ABLE TO GET A PERMIT IF SOMEONE DOES NOT HAVE THE COUNTY PERMIT OR EVEN, SAY, A BUILDING PERMIT AS OF RIGHT NOW.
[01:20:01]
THEY WOULD ALSO NOT BE ABLE TO GET THE STATE PERMIT.THERE ARE WAYS AND THINGS IN HERE AND WITHIN THE STATE REGULATION THAT I BELIEVE ADDRESSES A LOT OF CONCERNS AND DOES NOT PENALIZE THOSE WHO I BELIEVE HAVE BEEN UTILIZING THAT.
UNTIL A YEAR AGO, MOST FOLKS DIDN'T EVEN KNOW.
SO I JUST WANT TO SHARE THAT AS WELL.
WELL, WE ALSO GOT Y'ALL BROUGHT UP NEW NEW NUTRIENT MANAGEMENT PROGRAM.
ANYTHING ELSE THAT AMENDING SO AMENDING SO AS OPPOSE AMENDING SO THAT YOU DON'T NEED TO SEE THE NUTRIENT MANAGEMENT PLAN, BUT THAT YOU DO NEED A AFFIDAVIT.
SIGNED UNDER PENALTY OF PERJURY THAT JUST JUST HOW MUCH YOU CAN APPLY.
YOU KNOW, WHAT YOU CALL IT. YOU GOT TO HAVE IT WITNESSED, NOTARIZED, NOTARIZED.
ARE WE CLEAR ON THE STEWART? I MEAN, I THINK DID WE CLEAR IT UP OR THE STORAGE AND PARKING AND WHATEVER.
WELL, CRYSTAL AND I DISCUSSED SOME POSSIBLE LANGUAGE THAT I'LL STICK IN.
SEALED. SO AT THIS GOES INTO EFFECT AND THE STATE GOES INTO EFFECT MOST LIKELY BEFORE NOVEMBER 1ST, HOW DOES THAT IMPACT THE MORATORIUMS OR THE MORATORIUMS RETRACTED? YES. THIS WOULD TAKE THE PLACE OF THE MORATORIUM.
WE'D PROBABLY DO A SIMULTANEOUS RESOLUTION REPEALING IT.
WAS A PLACE HOLDER RIGHT FOR THE COUNTY UNTIL THIS ORDINANCE COULD BE DRAFTED.
AND I BELIEVE THE MORATORIUM EVEN HAS THAT LANGUAGE IN THE PREAMBLE.
ANYTHING THAT YOU. IF, IF, IF IT GOES BACK, YOU WANT TO ADDRESS NOTHING SPECIFIC.
YOU KNOW WE GOT THREE THINGS RIGHT NOW.
JUST IN MY PERSONAL OPINION, THE STATE HAS DONE AN EXCELLENT JOB PUTTING SOMETHING TOGETHER.
AND IF IT WERE UP TO ME AND IT'S NOT, I WOULD LIKE TO SEE HOW FAR THE STATE GETS WITH THEIRS AND THEN MAKE AMENDMENTS ON THE COUNTY LEVEL CAN.
IS THAT CORRECT? WELL, THEORETICALLY, IF WE DID NOT HAVE AN ORDINANCE, WE DID NOT HAVE A MORATORIUM.
WELL, THE STATE WOULD SAY YOU HAVE TO PROVIDE US EVIDENCE THAT CAROLINE COUNTY IS OKAY WITH HOW YOU'RE HANDLING THE STUFF IN CAROLINE COUNTY. SO YOU'D BE LOOKING FOR A LETTER FROM CRYSTAL, PROBABLY STATING THAT THIS HAD NO RULES, THAT THIS PERSON IS NOT IN VIOLATION OF ANY OF OUR, YOU KNOW, THEY'RE OKAY.
THEY'RE OKAY TO DO THIS OPERATION IN CAROLINE COUNTY.
THAT'S KIND OF THE WILD WEST, IN OTHER WORDS.
DOES CRYSTAL HAVE A PROBLEM WITH THEIR PLAN? AND WITHOUT AN ORDINANCE, SHE MIGHT NOT HAVE A PROBLEM WITH IT NOW.
AND THIS IS IN REGARDS TO WHAT YOU'RE SAYING, IF YOU HAD THE COUNTY COMMISSIONERS, YOU PASS THIS, YOU KNOW, NEXT MONTH OR WHENEVER YOU DO IT. IS THAT ALREADY PASSED THE MARYLAND AG? OH YEAH, IT'S GOING DURING EMERGENCY.
IT SHOULD BE IN EFFECT BEFORE THE END OF THE MONTH.
IT'S NOT I'M NOT ASKING WHETHER YOU WOULD.
[01:25:10]
STATE LAW IS BEING IMPLEMENTED, AND MAYBE EITHER GAPS IN IT OR THINGS THAT MAYBE WE NEED TO AMEND OUR ORDINANCE.YOU CAN ALWAYS AMEND AN ORDINANCE.
SO THE MORATORIUM THAT'S IN EFFECT RIGHT NOW UNTIL NOVEMBER.
DOES NOT STOP SOMEONE FROM APPLYING.
CORRECT. IT JUST STOPS THEM FROM EXTENDED STORAGE.
IS THAT FOR THE TIME BEING, RIGHT? YEAH. WE WE DID NOT HAVE THE RIGHT TO BAN APPLICATION OR TO DECLARE A MORATORIUM ON APPLICATION.
BECAUSE IT WAS ALWAYS REGULATED BY THE STATE.
RIGHT. YEAH. SO THEY CAN STILL BRING IT IN, PUT IT IN THEIR CONTAINERS.
YEAH. I STILL PUT IT ON THEIR [INAUDIBLE] APPLY IT EVEN WITH THE MORATORIUM.
NOW, IF OUR MORATORIUM EXPIRED AND SOMEONE CAME IN AND AND GOT AND WE SAID, OKAY, THAT'S FINE.
WE DON'T HAVE ANYTHING THAT SAYS YOU CAN'T DO IT.
SO CRYSTAL ISSUES THAT APPROVAL AND THEY BUILD IT OPEN TOP.
THAT'S THE THAT'S THE WICOMICO COUNTY ISSUE, RIGHT? I GUESS THE ONE THAT HAD THE SPILL, THEY DIDN'T HAVE ANYTHING IN PLACE.
HE CAME IN AND BUILT THE LARGE TANK.
YEAH. THEY ACTUALLY ISSUED A PERMIT.
ACTUALLY ISSUED A PERMIT FOR THE STRUCTURE.
YOU'D HAVE TO, YOU'D HAVE TO YOU CAN ONLY FIX IT MOVING FORWARD.
RIGHT? YOU'D HAVE TO GRANDFATHER THAT ONE.
RIGHT? IT'D HAVE TO BE GRANDFATHERED.
BECAUSE THEY DIDN'T DO NOTHING WRONG.
THE ONES THAT WE HAVE HAD HAVE BEEN CONVERTED DAIRY PITS THAT THEY STOPPED HAVING DAIRY COWS OR OR HEIFERS, BEEF HEIFERS AND HAVE SWITCHED TO STORING DAF, HAULING IT AND STORING IT.
SO IT'S HOLDING IN AND STORED IT AND THEN TRUCKING IT OUT AND TRUCKING IT OUT.
WHERE TO FIELDS AROUND THE STORAGE FACILITIES AND THERE OR USED ON SITE IN ONE.
IN ONE CASE IT WAS USED ON THE FARM I THINK.
IMMEDIATELY RIGHT AROUND THE LAGOON.
AND THESE LAGOONS ARE CONSTANTLY FULL.
YEAH. AND THE ONE I MEAN, THE HOLLY'S POINT, THE ONE ON DOWN STATION ROAD, ONLY STUNK FOR A FEW DAYS OUT OF THE YEAR WHEN IT WAS BEING MIXED, BECAUSE IT GETS IT CROSSED OVER AND IT DOESN'T HAVE THE NOXIOUS ODOR OR THE FLIES IS BAD.
AND I'M I'M KIND OF CURIOUS NOW.
AFTER THE VISIT, I TO VISIT A COUPLE OF WEEKS AGO.
I'M CURIOUS NOW IF THERE IS SOME TYPE OF FLY LARVAE OR M AGGOTS IN THE IN THE STUFF WHEN THEY BRING IT TO THE FARM AND APPLY IT, IF THAT'S WHY THE FLIES GET SO BAD, BECAUSE THERE WERE SO MANY FLIES IN HIS BACKYARD THAT IT WASN'T A NATURAL OCCURRENCE.
THE ONLY THING I CAN THINK IT WAS THEY WEREN'T ATTRACTED TO THE SMELL BECAUSE IT WAS THROUGH WHERE IT WAS APPLIED, WAS ACTUALLY THROUGH A HEDGEROW FROM THIS GENTLEMAN'S HOUSE AND THE FLIES AT HIS HOUSE WHEN I WERE THERE WAS LIKE, IF YOU WERE AT A 4TH OF JULY PARTY IN SOMEBODY'S BACKYARD WHO HAD A WOODS AND THEY HAD ALL THE FOOD ON THE TABLE, YOU KNOW HOW FLIES WOULD COME TO THAT TABLE.
IT WOULD BE 100 FLIES JUST ON A TABLE, YOU KNOW, THE SIZE OF ONE OF THOSE WITNESS TABLES.
I MEAN, IT WAS HIS BACKYARD, AND IT WAS ALL OVER HIS SCREEN PORCH, HIS FENCE, THE DECK, THE STEPS.
JUST LIKE THAT. LIKE HE LIKE IT WAS COVERED IN FOOD.
SO, I MEAN, YOU KNOW, I UNDERSTAND THAT IT'S HARD TO PROVE THAT IT'S DIRECT CORRELATION, BUT I'VE NEVER SEEN ANYTHING LIKE THAT OTHER THAN IN A SCENARIO THAT I JUST POINTED OUT TO YOU.
AND THIS WAS WEEKS AFTER IT WAS SPREAD.
HE, YOU KNOW, HE SAID IT SMELLED FOR A COUPLE OF DAYS AND WENT AWAY.
[01:30:01]
BUT THE FLIES WERE TERRIBLE WEEKS LATER, AND THAT'S WHAT HE WAS CALLING ME ABOUT.AND SINCE HE'S HAD HIS BACKYARD SPRAYED, I TALKED TO HIM LAST NIGHT OR THE DAY BEFORE TO CHECK IN.
BUT YOU KNOW, FOR A COUPLE OF WEEKS AFTER IT WAS BAD AND IT WASN'T.
WAS IT INJECTED? I'M SURE IT WAS.
YEAH. NOW I'M PRETTY SURE IT WAS.
THEY WERE THEY WERE GOOD RIGS THAT THEY HAD THERE.
I MEAN, THE WAY HE DESCRIBED THE SMELL, THERE WASN'T MUCH SMELL TO IT.
SO IT HAD TO HAVE BEEN INCORPORATED OR INJECTED PROPERLY.
CLEAN PLACE. I MEAN, IT WAS A CLEAN PLACE.
NOT LIKE HE TOOK HIS TRASH OUT BACK AND DUMPED IT.
THERE'S NOTHING WE CAN DO WITH THAT.
AND I THINK EVEN IN HIS CASE, HE COULD DEAL WITH IT FOR A COUPLE OF WEEKS.
I MEAN, STORIES WE'RE HEARING ABOUT THE PARTICULAR BAD ACTOR THAT WE HAD.
IF IT'S WARM ENOUGH FOR FLIES, THERE ARE FLIES.
AND IF IT'S WARM ENOUGH FOR STINK, THERE'S STINK, YOU KNOW? SO. BUT ANYWAY, YOU KNOW, THIS CAN BE AMENDED.
I WILL SAY ONCE IT'S IN PLACE, IT'S BUSY AS WE ARE.
ANYTHING ELSE? YOU GOT ANYTHING? NOT THAT I CAN THINK OF. THOSE SESSIONS OR.
WOULD YOU LIKE TO? I THINK SO.
FOR. FOR WHAT? WE HAVE TO. WE HAVE TO MAKE SURE THAT IF WE WANT TO CLOSE SESSION, IT'S GOING TO BE FOR THE RIGHT REASON.
SO. AND I GOT IT SOMEWHERE. ONES JUST SEEK LEGAL ADVICE.
IF WE'RE GOING TO TALK ABOUT EMPLOYEES.
WE JUST CAN'T SIT HERE AND TALK ABOUT THIS IN CLOSED SESSION, RIGHT? WE CAN'T TALK ABOUT THIS BUILDING PROCESS.
THE CLOSED SESSION IS TO SEEK LEGAL ADVICE.
WE CAN TALK TO HIM ALL DAY LONG, BUT WE WANT LEGAL ADVICE.
THEN WE CAN DO IT. IF WE WANT TO TALK ABOUT OUR EMPLOYEES, WE CAN DO IT.
CAN WE DO IT TO TALK ABOUT THE PUBLIC COMMENTS? NO, NO. OKAY.
THEY HAVE TO BE OUT IN THE OPEN IN FRONT OF EVERYBODY.
AND IN RESPONSE TO SOME OF THE COMMENTS.
CORRECT. SO THAT'S GOT TO BE DONE HERE IN THE OPEN.
I'M TRYING TO I KNOW THAT I HAD I HAVE IT SOMEWHERE.
THERE'S A THERE'S A LIST OF SEVERAL THINGS THAT YOU DO.
YEAH. SO SO HAVE WE HAVE WE TAKEN INTO CONSIDERATION MISS PORTER'S REQUEST FOR A WORK SESSION FOR DO WE KNOW THE COMMENTS THAT HER DELMARVA CHICKEN ASSOCIATION HAS MADE IN REFERENCE TO THE STATE'S COMMENTS? THE COMMENTS THAT. WHAT'D YOU SAY? I THINK SHE SAID THAT THEY HAD 15 PAGES OF COMMENTS THAT WOULD BE ASSOCIATED WITH THIS.
DO WE HAVE ANY IDEA WHAT THEY ARE? SO FOR THE STATE REGULATIONS, THE ONLY THING WE HAVE FROM MISS PORTER SO FAR IS PUBLIC TESTIMONY.
I HAVEN'T SEEN ANY WRITTEN COMMENTS ABOUT THE LEGISLATION YET ABOUT OUR BILL.
I MEAN, IS THAT SOMETHING THAT WE CAN GET OUR HANDS ON TO SEE WHAT THOSE COMMENTS WERE? HOW DO WE GO ABOUT DOING THAT TO.
WELL, WE'D HAVE TO POSTPONE A DECISION ON THIS LEGISLATION UNTIL WE RECEIVE THOSE WRITTEN.
THE PUBLIC HEARING AT THE COMMISSIONERS MEETING FOR THIS WILL INVITE COMMENT, CORRECT? YES, YES, FOR THEIR CONSIDERATION AT THAT TIME.
[01:35:01]
RIGHT. OR WAIT AND SEE WHAT THE FINAL DRAFT OF THIS IS. I MEAN, I GUESS THAT'S KIND OF WHAT MY CONCERN IS LIKE.SO THIS WE GOT TONIGHT, I GOT THIS, WE GOT FRIDAY.
AND THEN THERE'S COMMENTS THAT WE GOT SUPPORT AND OPPOSITION.
AND NOW THE OPPOSITION HAS COMMENTS THAT THEY GENERATED ASSOCIATED WITH THIS THAT WE DON'T HAVE.
I HAVE NO IDEA WHAT THAT COULD POSSIBLY BE.
CAN I SAY SOMETHING JUST FOR A MINUTE.
DOES IT GO ALONG WITH OUR COMP PLAN? AND IS IT IS IT GOING ALONG WITH THE COMP PLAN? THE MAJORITY OF THIS IS GOING TO BE ENFORCED OR OVERSEEN BY PLANNING AND ZONING.
SO AS A BOARD THAT REPRESENTS OUR PLANNING AND ZONING STAFF, IS THERE SOME THINGS THAT WE CAN DO TO HELP THEM OUT? MAYBE THEY NEED TO CHANGE SOME WORDING.
BUT AS FAR AS MISS HOLLY'S COMMENTS, THE FOR AND AGAINST, THAT'S FOR A PUBLIC HEARING.
AND FOR THEM TO TO TO TAKE INTO ACCOUNT I MEAN, THEY'RE JUST LOOKING FOR US TO GO TO READ THIS AND GO, WHAT DO YOU ALL THINK? I THINK IS IT IN ACCORDANCE WITH OUR COMP PLAN AND THE SAFETY AND WELL-BEING OF OUR COUNTY? BUT I THINK FOR KEITH, MAYBE YOU FEEL LIKE YOU'RE NOT GETTING GETTING THE FULL PICTURE CORRECT.
I MEAN, LIKE LIKE I CAN READ THIS AND SAY IF I AGREE WITH IT OR NOT.
NO, NO NO BECAUSE I CAN I HAVE I HAVE AN OPINION ABOUT SOME OF THIS STUFF AND I REALLY CAN'T SAY IT.
IT'S. I MEAN, THERE'S RULES AND REGULATIONS THAT ARE THAT ARE PART OF THIS.
AND. I'M SURE THIS IS MADE UP OF RULES AND REGULATIONS.
WELL, WE WANT IT MORE STRICT THAN THAT.
I CAN TELL YOU THAT THE SENTIMENT OF THE COMMISSIONERS IS IT NEEDS TO BE CLOSED TYPE STORAGE, BECAUSE THERE'S NOWHERE IN THIS COUNTY THAT YOU'RE NOT GOING TO STORE THIS STUFF AND HAVE AN ADVERSE EFFECT ON A NEIGHBOR, NUMBER ONE.
AND. THE I MEAN, THAT'S, I'VE BEEN WORKING ON IT SINCE NOVEMBER.
IT'S WASTE. IT HAS VERY LITTLE NUTRIENT VALUE.
THEY COMPENSATE PEOPLE TO TAKE IT.
NOBODY TAKES IT VOLUNTARILY OR FOR FREE OR THEY GET PAID TO STORE IT.
AND THE INCENTIVE IS TO DO THE WRONG THING WITH IT.
IN THAT CASE, YOU KNOW, IT'S NOT A IT'S NOT A FERTILIZER OR NUTRIENT THAT YOU'RE PAYING FOR.
SO YOUR INCENTIVE IS TO TAKE AS MUCH OF IT AS POSSIBLE BECAUSE YOU'RE GETTING COMPENSATED.
AND THE STATE DID ADDRESS A LOT OF THAT IN THEIR REGULATION.
YOU KNOW. WE THERE HAS BEEN, YOU KNOW, A BAD ACTOR OR TWO, BUT YOU KNOW WHERE WHERE IT HAS BEEN DONE.
IT HAS HAD EFFECT ON OTHER PEOPLE.
BUT IT IT WAS IT WAS QUITE A NUISANCE.
AT, AT EVERY LOCATION THAT IT WAS DONE.
SO AND THIS IS WHERE THIS IS AND I GOT A QUESTION AND THIS GOES ALONG YOUR LINES ABOUT BECAUSE IF WE ALL GOT OUR OPINION OR OUR FEELING, MR.
[01:40:02]
HOLLY SAID THEY'VE BEEN USING THIS STUFF IN THE COUNTY FOR A WHILE.HOW DID IT BLOW UP IN THE LAST YEAR AND WHY? WHY HAVE WE BEEN USING IT FOR YEARS AND NOW IT'S BLOWN UP.
WHAT CHANGED? BECAUSE YOU HAVE THERE'S SO MUCH OF IT.
AND SO SO WE HAVE TO ADDRESS THEY ALLOW IT.
SO WE'RE GOING TO ADDRESS THIS STORAGE.
AND UNFORTUNATELY WHEN THE SPEED LIMIT SAYS 55 THAT MEANS YOU AND ME I DON'T.
AND GRANDMA TOO. EVEN THOUGH SHE LIKES TO DRIVE SLOWER OR FASTER, I LIKE TO GO FASTER THAN 55.
EVEN IF YOU'VE GOT A CARD IN YOUR POCKET THAT WILL ALLOW YOU TO GO 75 AND I DON'T.
RIGHT. WELL, WE CAN'T GIVE THE FARMER THAT'S BEEN DOING IT FOR YEARS.
UNFORTUNATELY, WE CAN'T GIVE HIM A CAR.
RIGHT. WELL, I YEAH I MEAN, THE QUESTION IS DO WE.
WHAT CHANGED IT? THIS BLEW UP. WE HAVEN'T HEARD NOTHING ABOUT THIS.
AND AND, I MEAN, THEY RAN THE CLAM PLANT OVER OUT OF RIDGELY FOREVER.
AND AND WHAT I BROUGHT UP IN THE WORK SESSION IS THIS.
AND THIS IS YOU KNOW WHAT I'M TALKING ABOUT RIGHT NOW.
THIS IS FOOD PROCESSING RESIDUAL.
HOW MANY CLAMSHELL DRIVEWAYS IN THIS COUNTY AND HOW MANY, YOU KNOW, THEY COME RIGHT OUT OF CLAM PLANT OVER IN MILFORD AND YOU DUMP THEM AND YOU GOT BIRDS IN YOUR DRIVEWAY, AND IT STINKS. I DON'T KNOW FOR HOW LONG.
THERE'S NOT MANY AROUND ANYMORE.
WELL, IT USED TO BE QUITE USED TO BE QUITE A FEW AND I MEAN, WHAT A GREAT DRIVEWAY.
BUT ISN'T THAT FOOD RESIDUAL? ISN'T THAT A RESIDUAL PRODUCT? BECAUSE I CAN TELL YOU, WHEN I DID, MY CLAMSHELL DRIVEWAY STILL HAD CLAM MEAT IN IT.
THE BIRDS THEY GOOD YESTERDAY THEY ARE GOOD.
[LAUGHTER] WELL THEY HAVE THIS FOOD RESIDUAL.
SO SO SO YEAH I MEAN WHAT BLEW UP.
SO I MEAN, AND THAT'S BUT I HAVE TO SIT HERE AND GO.
JUST IT'S ABOUT THIS BILL THAT THEY'VE GIVEN US.
HOW DO WE AND OUR AS A PLANNING COMMISSION, WE'RE JUST DOES IT FIT OUR COMP PLAN? YEAH. IT DOESN'T FIT.
DOES YOUR GUT FEEL IS, YOU KNOW, DOES IT FIT IN WHAT THE COUNTY IS TRYING TO DO? YOU KNOW. SO THAT'S WHAT THAT'S WHAT WE'RE VOTING ON.
BUT AND AND HONESTLY AND I DON'T KNOW THE TECHNICAL POINTS STEWARD WOULD HAVE TO DO THIS.
WE CAN SAY RIGHT NOW WE CAN VOTE NO.
I GUESS WE'D HAVE TO TAKE THAT PART OUT IN THE BILL THAT IT HAD A FAVORABLE REPORT, YOU KNOW, AND I MEAN, IT'S JUST THIS IS, YOU KNOW, THEY, THEY, THEY BECAUSE BECAUSE I HAD THAT QUESTION, I DID I WATCHED YOUR MEETING.
AND AT THE END OF THE MEETING LIKE I'LL KICK IT TO THE PLANNING AND ZONING.
AND I'M SITTING HERE GOING I'M THE CHAIRMAN.
NO. WHY ARE YOU KICKING IT TO ME.
WHAT ARE YOU MAKING? LEGISLATION.
WELL, PART OF OUR PROCESS, IT HAS TO COME.
IT HAS TO BE REVIEWED BY PLANNING COMMISSION FOR EITHER FAVORABLE OR UNFAVORABLE RECOMMENDATION.
THAT'S THE FIRST STEP REGARDING THE COMP PLAN AND ALSO RECOMMENDATIONS.
SO YOU MIGHT SAY FAVORABLE BUT WITH THESE SUGGESTED AMENDMENTS.
RIGHT. AND I THINK ALL OF US HAVE READ IT HAD SOME, SOME, SOME QUESTIONS POPPED UP OUT OF IT.
SO WHAT ARE THE AMENDMENTS YOU HAVE RIGHT NOW? YOU CAN'T STORE MIXED PRODUCT IN YOUR STORAGE CONTAINERS.
NO. NUTRIENT MANAGEMENT PROGRAM.
DO YOU? AND I DON'T KNOW HOW THAT WORDING GOES, BUT YOU SAID YOU'VE ALREADY TALKED.
YOU HAVE AN IDEA WHAT WHAT WHAT AVENUE YOU'RE GOING DOWN AS FAR AS YOU KNOW.
[01:45:09]
STATE REGS, BECAUSE THE STATE REGS ALSO ALLOW FOR THE TEMPORARY STORAGE.BUT THEY DO CAP THAT CONTAINER SIZE TO 20,000 GALLONS AND THE STATE REG IN THE STATE REGS.
SO WE'LL JUST MIRROR THE STATE REG THERE.
AND I DON'T HAVE A PROBLEM WITH 20,000.
I MEAN, I MEAN, HOW MANY GOD, HOW MANY TRACTOR TRAILERS DOES THE STATE RIG HAVE A DAY REQUIREMENT? SO WHETHER YOU SAY NO GALLONS, WE DON'T.
REGS. TEMPORARY STORAGE FOR TEMPORARY STORAGE.
SO THAT'S THAT'S LIKE WHAT, TWO AND A HALF TRACTOR TRAILERS.
WHAT'S A TRACTOR TRAILER? 7500 GALLONS.
8000. YEAH, SOMETHING LIKE SEVEN.
YEAH. THE STATE DEFINES A HOLDING TANK AS A WATER TIGHT RECEPTACLE THAT HAS A CAPACITY OF UP TO 20,000 GALLONS, WHICH IS USED OR INTENDED TO BE USED FOR THE TEMPORARY STORAGE OF FOOD PROCESSING RESIDUALS FOR LAND APPLICATION, AND THEN FURTHER IN THE REGULATIONS UNDER NUMBER 21, IT SAYS HOLDING TANKS A PERSON PERMITTED TO UTILIZE FOOD PROCESSING RESIDUALS FOR LAND APPLICATION IN CONJUNCTION WITH AN AGRICULTURAL OPERATION MAY USE A HOLDING TANK FOR THIS ACTIVITY AND UNDER THIS CHAPTER, AND THEY ARE NOT REQUIRED TO OBTAIN A PERMIT FROM THE DEPARTMENT TO USE THE HOLDING TANK.
SO, AND THE ONLY THING THAT IS DIFFERENT IS IT'S AND I IT'S GOT TO BE SEALED AND SEALED.
RIGHT. SO THAT JUST SAYS THE HOLDING THING OR IS IT OUR TANKS GOT TO HAVE WHEELS.
YEAH. THERE'S JUST SAYS WATERTIGHT.
SO OTHER THAN THAT THERE'S NO CAP ON STORAGE.
IT'S ALL BASED ON YOUR NUTRIENT MANAGEMENT PLAN NEEDS.
ALL RIGHT. SO I'LL MAKE A MOTION THAT WE SEND THIS BILL ON TO THE COUNTY COMMISSIONERS WITH A FAVORABLE RECOMMENDATION FROM THE PLANNING COMMISSION WITH THREE AMENDMENTS THAT YOU CANNOT MIX THE CONTENTS OF YOUR FPR STORAGE TANK, THAT YOU CANNOT, OR THAT YOU.
WE WILL NOT REQUEST THE NUTRIENT MANAGEMENT PLAN, BUT WE WILL REQUEST A NOTARIZED AFFIDAVIT INDICATING THE AMOUNT OF FOOD PROCESSING RESIDUAL THAT CAN BE APPLIED TO YOUR PROPERTY, THE PROPERTY INVOLVED IN YOUR AGRICULTURAL OPERATION. AND THE THIRD AND FINAL WOULD BE TO CLEAR UP THE TEMPORARY STORAGE STATEMENT TO COMPLEMENT THE STATE REGULATIONS.
ALL RIGHT. THERE'S A MOTION ON THE FLOOR.
DO I HEAR A SECOND? AND IF YOU ALL AREN'T GOING TO SPEAK, I'M GOING TO SECOND.
OKAY. SO NOW WE HAVE A MOTION AND A SECOND.
ALL IN FAVOR OF THE MOTION, SAY AYE AND RAISE YOUR RIGHT HAND.
AYE. ALL OPPOSED? SAY NAY AND RAISE YOUR RIGHT HAND.
IS THAT GOOD? I AGREE WITH THE TIME.
BUT THEN VOTE TO ABSTAIN OR TO? WHAT? YOU CAN VOTE AGAINST IT, RIGHT? AND THEN IT'S TWO AND TWO.
I'M NOT I'M NOT NECESSARILY I'M NOT NECESSARILY OPPOSED.
SO I WOULD ABSTAIN FOR ADDITIONAL TIME.
AND I DON'T KNOW IF. ARE WE SUPPOSED TO? I DON'T KNOW IF WE DISCUSS IT.
YOU CAN VOTE AGAINST IT AND THEN MAKE A MOTION THAT WE HAVE ADDITIONAL TIME.
I MEAN, HE'S NOT BREAKING A LAW BY ABSTAINING.
WELL, THEN WE HAVE. YEAH, WE HAVE A MOTION AND A SECOND.
AND WE'VE TAKEN A VOTE WITH ONE MEMBER.
[01:50:02]
ABSTAIN. SO THE MOTION CARRIES 2 TO 1.THEY HAVE ENOUGH ROOM? THAT'S THAT.
ANYTHING ELSE? ANYTHING ELSE ON OUR AGENDA TONIGHT? I HAVE NO DEPARTMENT REPORT.
WE HAVE NO BZA. WELL, OUR BZA UPDATE IS THAT THE BZA ONCE AGAIN DID NOT MEET IN JUNE.
[BZA Update]
HOWEVER, NEXT MONTH I WILL HAVE AN ACTUAL UPDATE FROM AN ACTUAL MEETING.MATT. ANYTHING? NOTHING FOR THE GOOD OF THE ORDER.
[INAUDIBLE] ENTERTAIN A MOTION TO ADJOURN.
SO MOVED. THERE'S A MOTION AND A SECOND.
AYE. ALL OPPOSED? WE ARE ADJOURNED.
7:52. ALL RIGHT.
* This transcript was compiled from uncorrected Closed Captioning.