DNREC holds hearing on Blessing permit

A permit request to haul solid waste across state lines drew sharp criticism from local residents and activists at an Oct. 9 public hearing.

Under the permit, Blessing Greenhouse and Compost Facility in Milford would transport solid waste from its facility on Draper Road to four compost/landfill sites, three in Pennsylvania and one in Virginia.

Tim Willard, attorney for Blessing owner Bruce Blessing, said the permit will allow Blessing to move material at its facility off-site and out-of-state. Willard said the material to be hauled will consist of tree stumps and by-product from poultry processing.

“The intent is to get this stuff out of here,” Willard said.

Marion Chandler, director of operations for Blessing, said the company will use a specialized fleet of vehicles with experienced drivers who will have safety protocols in case of a spill.

Blessing Greenhouse and Compost Facility produces Blessing Blends, an organic compost used for flower and crop production.

The Blessing compost site has long been controversial, drawing complaints from environmental advocates and nearby property owners. Blessing started the business in 2004, when he received a permit authorizing him to operate a land treatment system to recycle waste for agricultural use. The following year, he got a permit for the distribution of sludge, sludge products and organic material from chicken farms. Blessing has had a history of accepting chicken plant by-product from processor Mountaire. By 2010, Delaware Department of Natural Resources and Environmental Control began receiving complaints about the site’s odor and flies from residents near the facility.

Since then, legal battles have ensued between Blessing and Sussex County officials. Sussex County Planning and Zoning had given Blessing a conditional-use permit to allow Blessing to upgrade the facility. But the board then ruled that Blessing did not comply with conditions in the permit to remove a 100,000-ton pre-compost pile, and moved to shut the operation down in February. Blessing filed a complaint against the Planning and Zoning board, which responded by filing a cease-and-desist order against Blessing.

Willard said the opposition to Blessing has mischaracterized Blessing’s environmental record by labeling him as a chronic violator. He said in his experience, Blessing has worked with DNREC to comply with all regulations.

While only five people spoke at the public hearing, held at Indian River Senior Center in Millsboro, they all made clear that DNREC should reject the application based on the company’s past history.

Milton resident Keith Steck said the permit application is confusing in that there is nothing about what kind of material is in the compost to be hauled out.

“How do we know this is not contaminated sludge?” he asked.

Steck said there is nothing in the permit about the company’s safety record or history. In August, two subcontractors for Blessing died after their truck ran off the Chesapeake Bay Bridge-Tunnel during a severe rainstorm. Steck said there is also nothing in the permit about who is financially liable should an accident occur.

Tom DiOrio, who lives near the facility, said there are too many unanswered questions about the permit for DNREC to move forward in granting it.

Environmental advocate Maria Payan didn’t hold back in her comments, saying that Blessing has not been honest on his application regarding his environmental record.

Although DNREC hearing officer Lisa Vest had said there would be no back-and-forth during public comment, Willard interjected, saying Payan was presenting irrelevant information and disparaging his client.

Payan, who submitted a stack of documentation about the facility for the official record,  continued, saying Blessing has been operating without transport permits. She said an investigation of the Bay Bridge-Tunnel accident showed that Blessing was not truthful about what his subcontractors were hauling.

“No permit should be given to him,” she said.

Vest then allowed Willard to have a brief closing statement in which he reiterated that the allegations made against Blessing were inaccurate.

No timetable on a decision regarding the permit was offered. Vest said comments will be taken back to Dover to be deliberated by DNREC officials.