Members of the Hebron-area Neighborhood Action Group (NAG) and other interested citizens began discussing concerns with County, State, and Federal officials in May 2019, raising health, safety, environmental, and quality of life issues regarding the proposed construction of the tank and its use to store up to 3 million gallons of dissolved air flotation (DAF), the waste product from poultry and other waste rendering. However, the building permit was issued without opportunity for public comment, because the DAF product was considered for “agricultural” use. County Planning & Zoning personnel concluded that the construction of the tank was permitted under zoning regulations. The NAG requested review of the building permit on multiple grounds. After that request was rejected, the current judicial review was requested, naming both the property owners and the County as defendants. A second Circuit Court complaint filed in February questioned the agricultural nature and challenged the legality of the tank on additional grounds. That case has not yet been scheduled.
The tank was constructed without a top. The DAF waste product was supposed to create its cover by crusting over at the top, that has never happened. More than one acre was disturbed for the construction of the tank. DAF is being applied to land that does not have any crops being planted. The DAF product is being applied to farm land that is not owned by the same individual that stores the DAF material.
A majority of Wicomico County Council members endorsed arguments that DAF is an industrial product and its storage should not be regarded as an inherently “agricultural” use.
NAG is working to secure relief from the tank’s oppressive odors and the constant, round-the-clock loud tanker truck traffic past their homes.
For more information, contact Lynette Kenney of the Neighborhood Action Group at firstname.lastname@example.org.
Please consider donating what you can to help with the on-going legal expenses as these cases work their way through the court system.
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Mail a check today to:
Neighborhood Action Group
c/o Dave and Lynette Kenney
24790 Porter Mill Road
Hebron, MD 21830