Sussex County, Blessing reach settlement
Sussex County and Bruce Blessing have reached a settlement that allows the owner of Blessing Greenhouses and Compost, maker of Blessings Blends, to stay in business.
Conditions of the settlement state that all composting work must be conducted on a concrete pad and the operation must comply with all state regulations.
Blessings' conditional use was voided Feb. 22, 2017, by Sussex County Planning and Zoning Commission.
Blessing then filed a complaint in Chancery Court against the commission for violating the Freedom of Information Act. He alleged amendments to the conditional use were not advertised in a public notice for the meeting. Blessing needed a conditional use to operate the business on a parcel zoned AR-1, agricultural-residential, where commercial projects are not allowed without conditional-use approval.
However, in August 2017, with a long list of conditions, Sussex County Council unanimously approved the conditional-use application to allow Blessing to continue the operation. Blessing said he had plans to construct a new facility to conduct composting in covered buildings.
Blessing operates a composting, flower-growing and yard-waste recycling business along Draper Road in a rural area near Milford. Conditions placed by county council included cleanup of a 100,000-ton pre-compost pile that had been accumulating for years. He was given a four-month deadline to remove the pile or post a $1 million bond while continuing to remove material from the property. Blessing said the deadline was unrealistic.
When Blessing failed to meet the conditions, the county planning and zoning commission ordered Blessing to shut down his operation.
Blessings' lawsuit was filed April 4, 2018, and the county's lawsuit was filed May 18, 2018.
Councilman Irwin “I.G.” Burton said he initiated the process two years ago. “It was a legal battle where we ended up in a very good place. We got the site cleaned up, and Mr. Blessing is cooperating,” Burton said. “This is a real win for the county.”
Burton said the site emanated a smell that riled neighbors and had potential for a negative impact on the environment. “The pile is gone and the smell is gone,” he said.
Terms of settlement
County attorney J. Everett Moore said under terms of the settlement, both parties acknowledge the large pre-compost pile on the concrete slab has been removed and the conditional use has been reinstated.
Among the conditions:
The planning and zoning decision to void the conditional use is null and void.
The applicant must comply with Department of Natural Resources and Environmental Control and other agency requirements or the conditional use will be terminated.
Until a new facility is constructed, no new pre-compost storage or blending is permitted except on the existing concrete pad. The condition does not include any pre-composted material previously stored on the site.
Material may be loaded for shipping from either the concrete pad or the existing earthen bunkers in accordance with DNREC regulations.
Material processing, including use of heavy equipment, is limited to 7 a.m. to 7 p.m., Monday-Saturday and material can be accepted from 7 a.m. to 6 p.m., Monday-Saturday.
A landscaped buffer of at least 25 feet shall be installed around the perimeter of the property.
Following completion of a new facility, composting, pre-composting, blending and stockpiling must be conducted under roof on a concrete floor within buildings designated for that purpose. No outdoor storage or composting is permitted outside the buildings.
Compost does not include stockpiling or shredding of wood or yard waste, or stockpiling sand or lime or other nonregulated materials.
Blessings is permitted to receive waste from poultry operations including, but not limited to, hatchery waste, poultry processing waste and any other waste permitted by DNREC under its bio-solid program. No waste from municipal wastewater treatment facilities or residential sewage can be accepted.
Blessing must submit a preliminary site plan to the county planning and zoning office for review and approval.
The final site plan will include all buildings, stormwater improvements, buffers, site improvements and landscape plan signed by a licensed landscape architect or certified nursery professional. The plan will be subject to review and approval by the planning and zoning commission.
The final site plan can include phasing of the project, which must include an overall master plan for the site.
The final site plan, including all agency permits, must be completed and approved by Sussex County Council no later than three years from the date of the settlement agreement. Extensions may be granted by county council.
Blessing must begin processing the southernmost bunker on the west side of the property through composting the material on the concrete pad or removal of the material from the site or any combination of the two in accordance with DNREC regulations.
Failure to comply with any of the conditions will invalidate the conditional use.
