Wicomico could be headed toward banning farm slurry tanks

By Katie Redefer
Posted 8/20/22

Wicomico County Council members have agreed to move forward with a proposed ban on Dissolved Air Flotation storage tanks, as decided in a legislative session this month. 

At the session on …

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Wicomico could be headed toward banning farm slurry tanks

Posted

Wicomico County Council members have agreed to move forward with a proposed ban on Dissolved Air Flotation storage tanks, as decided in a legislative session this month. 

At the session on Aug. 2, council members voted 6-1 in favor of allowing their legal counsel to review the plausibility of passing an extensive, possibly county-wide ban on DAF storage tanks. 

While the council discussed the legality of the issue, Councilman Bill McCain argued they do have the jurisdiction to prohibit DAF tank storage across the county.

“The county does have the authority to regulate storage of waste products, because the state controls the applications of the product, but the local authorities have control over storage facilities,” McCain said shortly before the vote. “So the county does certainly have the authority to regulate (the DAF storage tanks) if that was the choice.”

The DAF storage tanks, also known as slurry or sludge tanks, are mostly located in agriculturally zoned areas of Wicomico County under the protection of Maryland’s right to farm laws.  The zoning designation is meant to distance the characteristically foul smell of the sludge tanks from nearby residential areas, although some neighbors claim the stench has still infiltrated their property.

“When I walk out my back door, some days (the smell) is tolerable, and other days it’s unbearable,” said Jeffrey Sarg, who lives on Deerfield Road, while expressing his frustrations with the council. “I’m really angry with you people, because you’re all elected officials to represent our county.” 

Sarg went on to say that he worries about his ability to sell his home in Mardela Springs one day given the lingering stench.

“Everybody wants to live in Mardela school district, they’re building lots of houses there, and yet if I go to sell my place, I’m going to have to put a disclosure that this stink tank is there, because if I don’t, I'm liable for not disclosing the fact that on certain days, you can’t live here because it stinks,” he said.

The county placed a moratorium on the construction of all new DAF tanks in 2019 after approving the construction of a 3-million-gallon, open-air storage tank on Porter Mill Road – much to the disdain of many neighboring residents. The construction moratorium was extended in April of this year, but the moratorium did not impact pre-existing tanks or pre-approved construction projects, like in the instance of Porter Mill Road.

Now that the council agrees on the desire to prohibit DAF tanks, County Attorney Paul Wilber and Council Attorney Andrew Mitchell said they will look “more deeply” at the legality of passing a ban.

If Wilber and Mitchell determine that a DAF storage ban is legally sound, then the council will move forward with drafting official legislation and holding a formal vote.

“I know the prohibition on the new storage tanks was something I raised, and if the council is interested in pursuing that (banning DAF storage tanks) I would like a chance to get more deeply involved and see if it’s truly something that can be supported,” Mitchell said at the session, adding, “There’s information on both sides, and the Planning Commission came down on the no-prohibition side.”

The legality of banning all DAF tanks across the county has come into question given the state’s right to farm laws, which states agricultural operations that have been underway for at least a year and follow all federal, state and local guidelines cannot be considered a private or public nuisance, according to the Maryland Department of Agriculture.

If the county’s legal counsel concludes it is not possible to ban DAF tank storage outright, council members said they will move back to discussing whether tanks should be constructed in agriculturally zoned or industrially zoned areas across the county. 

While moving the tanks to industrial zones is likely to appease residents living near DAF tanks stored in agriculturally zoned areas, council members discussed the potential harm this could bring to farmers, who may be required to move existing tanks or purchase new property to store them.

Holly Porter, Executive Director of the Delmarva Chicken Association, appeared at the council’s meeting Tuesday to react to the Aug. 2 discussions.

She said she was disappointed that the council had referred to the DAF tank contents as “waste,” and pointed out that the liquid was as valuable to farmers as fertilizer or even irrigation water.

The council will take up the issue at its Tuesday, Sept. 6, meeting, scheduled for 6 p.m. at the Government Office Building in Downtown Salisbury.

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