Nearly 40 people testified during a Delaware Department of Natural Resources and Environmental Control public hearing Oct. 26 on permits for the proposed expansion of the Bioenergy Devco composting facility to recycle poultry waste at its Bioenergy Innovation Center plant south of Seaford off Route 13A.

The plans include the construction of anaerobic digesters, which break down organic wastes and convert them into renewable natural gas – or biogas – and an organic soil amendment.

Several groups, including the Delaware Department of Agriculture, Delmarva Chicken Association, Friends of the Nanticoke River and the Wicomico Environmental Trust, issued statements in support of granting the permits.

Those in opposition to the permits voiced concerns about possible pollution from the site, and the need for more environmental and health assessments to determine possible impacts on residents within close proximity to the plant.

The public record, including the 700-page permit applications, will be reviewed by DNREC Secretary Shawn Garvin, who will make the final determination.

Public comments can be made through Friday, Dec. 2, at de.gov/dnrechearings.

Comments on the permits

The following are selected comments from the hearing.

“Anaerobic digestion is not magic and it will not make poultry waste disappear,” said Greg Layton, local representative of Food & Water Watch. “The process will leave behind waste that is nitrogen-laden, creating serious health and environmental issues. They will be trucking in waste that would not be here from three states. I'm not convinced the waste will leave this state again.”

“This methane gas factory should be relocated to an industrial zone far away from vulnerable communities,” said local resident Terry Dykstra.

“This is not the solution; it's dirty energy. We need to find cleaner alternatives,” said Newark resident Cathy Rash.

“Within a mile, the population is 47% people of color and 35% are low income. This is an already environmentally impacted area,” said resident Willie Scott.

“I'm shocked at the blatant environmental racism of this proposal. It makes no sense to truck waste from three states to be concentrated in one place. This is business as usual to continue pollution. I'm speaking for those who are afraid to speak,” said advocate Charito Calvachi-Mateyko.

“There is not an environmental assessment that details the impacts on the environment and health, the impacts of traffic and odors. There is not a mitigation plan. I'm worried this waste will be stockpiled and land applied en masse,” said Tyler Lobdell, Food & Water Watch.

“We can't manage our own waste. This will create more pollution in the area; it should be in an industrial zone. There should be a public health assessment required,” said local resident Michael Payan.

“This application fails under the burden of law that risks public health and safety. This is green washing and not climate based,” said advocate John Mateyko.

“We need real solutions. Methane is not a solution. They call it renewable energy, but that's not reality because it's not organic. It will only increase reliance on fossil fuels,” said Dustin Thompson, Sierra Club local chapter director.

“We are eager to welcome anaerobic digestion at this Seaford facility. It's a state-of-the-art solution. The department strongly endorses the permits as this proposal will benefit farmers and the poultry industry,” said Chris Brosch, Delaware Department of Agriculture.

“They've done their homework and they are recycling the same waste and they have a market for the end product. We are in support of the permits in turn to support the poultry industry, which is the backbone of the Sussex County economy and a $4.2 billion industry on Delmarva,” said Grayson Middleton, Delmarva Chicken Association government affairs manager.

“The company is very transparent and they do a great job monitoring the operation. We have been working with Bioenergy Devco for two years and have utilized their compost in our district. It improves the overall health of the soil,” said Matt Cohee, Seaford High School science teacher.

“We are concerned about nutrient pollution from poultry waste. There is already waste on farms all around us and this will reduce that waste about 98% and convert harmful methane to natural gas. We are very encouraged by this technological progress that is much needed in our area,” said Judith Stribling, Friends of the Nanticoke River.

“DAF is currently stored in open-topped tanks before it’s spread on fields, which increases nutrient loads in waterways. Anaerobic digestion will help improve nutrient loads in the tributaries of Chesapeake Bay and allow the poultry industry to better manage its waste,” said Madeline Adams, Wicomico Environmental Trust.

“The Bioenergy Innovation Center will provide a much-needed alternative to organic material management in the area. Not only will the facility reduce land application and poultry organics from going into landfills, but it will also turn these organics into renewable natural gas and digestate, an organic, virtually odorless soil amendment,” said Peter Ettinger, Devco chief strategy officer.

About the process, permits

Bioenergy Devco is currently permitted by DNREC to accept organic waste from approved poultry industry sources for composting. The proposed facility expansion would give the company the capacity for receiving and processing up to 250,000 tons per year of permitted organic waste.

In addition to the proposed anaerobic digestion system, the expansion plans also include construction of a wastewater pretreatment system and a biogas upgrading plant. There is also a proposed emergency generator.

Byproducts from the process would include pipeline-grade renewable natural gas and digestate, which would be dewatered and is proposed for use in the adjacent compost facility – or to be marketed in the future as a soil amendment that can be turned into compost, which would require a distribution and marketing permit that is not part of the current proposed project and permit applications.

Information about each of the DNREC permits the company has applied for include:

• A resource recovery facility permit from the Division of Waste and Hazardous Substances to construct an anaerobic digestion system, biogas upgrading plant and compost facility, designed to process poultry industry wastes into digestate, pipeline-grade renewable natural gas and compost. Wastes the facility will accept include poultry litter, hatchery waste, dissolved air flotation solid cake and liquid sludge, offal, waste activated sludge, and fats, oils and greases.

• Two air pollution permits from the Division of Air Quality to construct a natural gas-fired emergency generator with a standby power rating of 1,082 kilowatts and four anaerobic digesters with associated biogas upgrade and air pollution control equipment. The engine used in the proposed generator set is certified to comply with, and will be required to adhere to, U.S. Environmental Protection Agency regulations.

• Two wastewater facility construction permits from the Division of Water to construct an anaerobic digestion system and a wastewater pre-treatment system as part of the proposed resource recovery facility. The anaerobic digestion system and wastewater pretreatment system will include three 208,000-gallon pretreatment tanks, and four 1.95 million-gallon fermentation tanks, a membrane bioreactor system, a 198,000-gallon anoxic tank, a 412,000-gallon aerobic reactor, a 198,000-gallon ultrafiltration feeding tank, and ultrafiltration and reverse osmosis treatment systems.

The treated wastewater will be pumped and hauled to the Seaford wastewater treatment and disposal facility. Bioenergy Devco plans for a future construction phase will eliminate the need to transport the wastewater via truck by constructing a sanitary sewer pump station and force main that will connect to a future city of Seaford force main.