Monday, December 20, 2021

At December 16 NBMA Board meeting, possibility that Plainfield Township farm will be used as Mid-Atlantic Land Application Biosolids Research Facility is announced

 The December 16 Nazareth Borough Municipal Authority meeting was well attended, with an audience filled as in November by Plainfield Township residents.  At the November meeting, Chairman Kornos read a statement prior to public comment that appeared to be designed to ameliorate concerns of those in the audience.  However, discrepancies between this statement and comments made later in the meeting by Board members and NBMA Plant Manager Dean Minnich resulted in the inescapable conclusion that making the statement was a strategic mistake.

Undaunted, but not understanding his audience, Chairman Fornos ventured into similar territory at the December meeting.  He announced that the Authority was working with Ryan Shaw of the County Farmland Preservation Board, and Jim Clauser of the County Conservation District, with the goal to craft a Conservation Plan that incorporates biosolids application for the Hower Farm.  Perhaps Mr. Fornos is unaware that Mr. Clauser is not qualified to draft conservation plans.  The Conservation District is in fact supposed to have someone on staff capable of drafting and reviewing conservation plans, but they do not.  Mr. Shaw may not have informed Mr. Fornos that at the December Farmland Preservation Board meeting, Mr. Shaw's boss Maria Bentzoni stated that NBMA's planned use of biosolids on preserved farmland will be "destructive to" the program.

Chairman Fornos, in the most clueless manner possible, dropped a bombshell on the audience.  He read a memo received from Material Matters to NBMA that stated that the Hower Rd farm might be used as a research facility for the land application of biosolids.  He elaborated that not much is known about the practice, and he personally has envisioned something like this "for years".  If more is known, the practice would be more accepted.  In making this statement, Chairman Kornos was incredibly admitting what all the concerned citizens in the audience know - there are many unknowns.  Why would any resident want to be involved in such an experiment, and why would they want to take part in making the practice more accepted?

It is important to note that Trudy Johnston, the Managing Director of Material Matters, is the Mid-Atlantic Queen of Biosolids.  She is a long time Board member of the Mid-Atlantic Biosolids Association (MABA), and she readily would tell you that she actively encourages the land use of biosolids.  The President of MABA is a Synagro official, and a Waste Management Inc official is another Board member.  Ms. Johnston was hired by Plainfield Township as a consultant during the failed Synagro proposal from 2016 to 2019.  One nugget dropped, pun not intended, by Ms. Johnston during that time was that Class B biosolids "can be much more odorous than Class A."

Then audience members were invited to make public comment.   Note: there are a few documents at the end of this post, referred to in these statements.  A key one is a memo dated October 21, 2021, only 10 days prior to closing on the Hower farm, which rates the risk of three options for NBMA.

The following statements are self explanatory.  The theme is that the Hower farm was the highest risk option that NBMA could have chosen, and is an inappropriate solution for sludge disposal ("beneficial use" according to DEP).  NBMA has multiple options that would be far better.

1. Millie Beahn lives adjacent to the Hower farms and stated:

"I had 150 signs made up and we are putting them out.  (All 150 signs have been placed and Millie is considering printing 60 more)  We will keep coming to meetings.  I had met with Tara Zrinski (County Council) and Darree Sicher (United Sludge-Free Alliance),   Also we went to Northampton County Council meetings and the Northampton County Farmland Preservation meeting.  
We are not going to be used as guinea pigs.  - (held up the picture of the sign that has to be posted on the property where the Biosolids are spread and read it  “ACCESS RESTRICTED _ BIOSOLIDS APPLICATION" that has to be posted.  People are restricted from going on the property when the product is spread.)   From a fact sheet:  Why is sewage sludge dumped in our communities?  What is sewage sludge?  SEWAGE SLUDGE IS NOT FERTILIZER.   This is where we live our homes are within feet of this property.  We are not going to be used as guinea pigs."
 



2. Don Moore identified himself as a Supervisor-Elect in Plainfield Township, and said he was making a last appearance as an ordinary citizen.  He read the following statement.

"At a cost of $200k a year – you could dispose of your 800 to 1000 wet tons of sludge annually in a landfill for a couple hundred years with the profit off of your current farm that you obtained in 2000 by eminent domain and sold for $53.1 million.  This October 21 Material Matters document shows that you could also have it hauled away for $70-80 a wet ton, which would cost only $80,000 a year.

You stated at the November meeting that you do not plan to expand capacity.  What are you going to do with this windfall, off a piece of land that just passed the 21-year holding requirement for land obtained through eminent domain?   At last month’s meeting, when questioned about the sale, the Chairman smiled and said “that’s business.”  But NBMA is a municipal entity – not a for-proft company.   The 2020 Annual DEP report on your farm shows that the cumulative lifetime metals content is not anywhere near the maximums allowed, so why did you sell it?  It seems that ethically such a taking should not be done lightly, and not for a short term benefit.  As a municipal entity, your main purpose is to protect the health, safety and welfare of citizens.  I would respectfully suggest this should not be at the cost of negatively impacting another community’s citizens, and reaping an obscene financial reward in the process. 

Plant Manager Minnich and his wife signed petitions against the proposed Synagro Sludge Plant.  They are not near fields where the product would be spread, so they were likely concerned about being behind trucks hauling sludge to and from the plant.  This proposal is far worse, since sludge not only be trucked in, but it will be stockpiled, spread and allowed to outgas to the air.

NBMA Solicitor Pierce – has represented one or more families who preserved land in the immediate vicinity of the Hower property.  Represents both the NBMA and Nazareth Borough.  Represented both the buyer and seller of the Hower Farm.  Prior to the closing, Nazareth Borough officials were asked if they knew about a piece of property being purchased, and said no.  One would assume between the Solicitor and possibly a liaison to this Board, that the Borough would know about the pending purchase of this property.  This purchase was kept a secret.

During a recent site visit, it is my understanding that a NBMA Board member referred to a concerned neighbor of the Hower Rd farm as “the opposition”.  This is the kind of comment that would expected from a project manager of a for-profit nuisance business.   I would submit that she is your neighbor.  As a municipal entity, not a private business, you should hold this citizen’s health, safety and welfare as the highest priority, and not see her or any of your new neighbors as an enemy.  In light of the facts of this case, I submit that you will be dealing with a lot of concerned citizens, both neighbors and Plainfield Township officials.  You should act to work in their interests, not against them.

Material Matters memorandum – public opposition,  three options.  This memorandum I found confusing, and it angered me.  It rates Public Opposition to Biosolids on the Hower farm a 4 on a scale of 1 to 5, with 5 being highest opposition.  Trudy Johnston of Material Matters, would know very well as a former consultant that public opposition in Plainfield Township would be a 10 on a scale of 1 to 5 – off the charts.  Of the three options, Hower farm rated the highest in risk, a 2.8.  The lowest scored 1.7 and the other scored 2.7.

With $53 million in the bank, and other lower risk options available, it makes absolutely no sense at all to me why you would pursue the highest risk solution.

Contradictions in comments last month.  Will build a storage building, don’t need a building; other generators won’t dump sludge, other generators may dump sludge.  You don’t have a definite plan and you apparently don’t have a farmer.  In the memorandum the Hower Farm scored well for having a farmer experienced with biosolids – the farmer of your current property.  But I am aware that you have in fact approached a farmer inexperienced with sludge to farm the property.  You bought a property with a stream through it – where is that scored in the memorandum?  Nothing here makes sense.

At the November meeting, Chairman Fornos stated everything will satisfy DEP, implying there is no risk.  Here is a sample of DEP’s recent screw-ups / shenanigans, that had significant consequences.  Slate Hills Quarry (DEP issued permit, ground water became permanently contaminated), Buzzi Unicem (sinkholes, loss of Rt 33 bridges, which will have to replaced again), proposed Synagro plant (directed Synagro to apply for a General Permit to allow for similar plants across PA, announced they would waive a waterway obstruction permit to cover their lack of oversight years earlier, conspired to keep Township officials out of a critical meeting).

Why aren’t farmers lining up to use this stuff?  If they were, you wouldn’t be taking or buying property.  No Class B biosolids are being used as fertilizer anywhere in Plainfield Township, Rinaldi is the only farmer currently using Class A.  You could pay farmers $40 a wet ton, which would more than cover the cost of the fertilizer they will have to supplement the biosolids with, and they would come out far ahead compared with not using biosolids.  But no one is taking this deal – and there is a reason.  No one knows what is in it, and it varies greatly in what is contains.  You are applying 2.1 to 3.3 dry tons per acre to your field, or roughly 15 wet tons per acre.  To pay to haul that away at $80 per ton costs $1200, to landfill maybe $2000 or more.  A farmer pays $40 to $160 per acre for fertilizer.

You were reportedly warned by someone in your organization that this would be a mistake.  Plainfield Twp spent $210,000 to protect our environment in the Synagro saga.  We have a landfill that refuses to go away now that it has expanded to the limits of the land we have zoned for solid waste.  We have been trying to finalize plans for a park pavilion building that would be sited adjacent to this property.  Wetlands and a tributary to a HQ water quality creek, already impaired, runs through this property.  If you had contacted us prior to purchase, we could have discussed these and other issues with you.

Our Board of Supervisors Solicitor Backenstoe stated to a concerned resident at our December meeting (paraphrased): rest assured the township we will do everything possible at the earliest stages if this moves forward, including potential litigation.  You may have a war chest of $53 million, but we have ample funds to get us through a battle.

We (literally) don’t need this crap."

3. Patricia Meckler lives adjacent to the site and read the following statement:

I bought a lot in 1994 from the Howers, and built a house with my husband in 1995.  The Howers were selling road frontage lots.  This lot has beautiful views and is adjacent with many preserved farms, the Plainfield Farmers Fair and within a few tenths of a mile of athletic fields at Plainfield Park.

It was extremely disturbing and shocking to hear the Hower farm was sold to the Nazareth Borough Municipal Authority and their plan was to spread biosolids on a  preserved farm.  This also blindsided the Plainfield Township Board of Supervisors and this is wrong on so many levels.

The township, county and state pay a lot of money to preserve these farms and a municipal sewer authority should not be allowed to use this as their disposal site.  This was not the intent of the Farmland Preservation Program.  The Authority made $53.1 million selling their land for a warehouse, they should have found a commercial property without adjacent homes, our beautiful homes are right on top of this farm.

Also this property is very hilly and sloping and has many wet areas.  When we have inches of rain there are streams running through this property, down towards the Leiser farm, into their ponds and small streams and then the Little Bushkill Creek, which our township has spent a lot of time and money conserving.

The Hower farm is adjacent to the Plainfield Township Farmers Fair and within a few tenths of a mile where thousands of kids play organized sports.  Biosolids are concentrated toxic chemicals and also contain pathogens such as E. coli, salmonella, bacteria and viruses.  How can a sewer authority think that it is okay to spread biosolids near homes, athletic fields and a farmer’s fair when windborne pathogens can travel in a 6-mile radius and this will put our health and lives at risk?

All of us surrounding this farm and most of Plainfield Township have well water.  We have no access to a public water system.  Spreading sewage sludge contributes to contamination of groundwater, well water, crops and finished products such as milk.  NBMA should have selected a property with a public source of water – we do not have that.

Also, Hower Rd is windy and hilly and has limited sight-lines, and it is not suitable for truck traffic.  Also, if biosolids are spread on the fields, there will be deposits on the roads as trucks and tractors leave these fields, this product will end up on our roads, our cars will drive over these biosolids and they will end up in our garages and homes.  This is disgusting and unhealthy.

There were many good and interested people that wanted to buy the Hower farm, but it was grossly overpriced and a shady, secretive deal with the Nazareth Borough Municipal Authority was the result and it was extremely unethical.

You should consider selling it back to all of us because we do not want to see our neighborhood and quality of life destroyed.

Patti Meckler

4. Tony Borger identified himself at Chairman of the Plainfield Township Recreation Board, stated that he was making comments on behalf of only himself as a resident, and read a statement:

"Members of the Municipal Authority,

I’m here before you all to continue to voice my concerns about this Hower Farm sewage sludge disposal project.  I ask for you to reconsider the due not only to its location directly adjacent to residential homes, but also due to its proximity to our township’s recreation facilities of Achenbach’s Grove and the Plainfield Township Community Park at Kesslersville.

As a homeowner, we all invest our hard earned money in our properties with the idea of living a comfortable life with our children and our neighbors.  We all have the common goal of community. To do no harm to our neighbors and have them do no harm to us.  It’s a basic principlek we all grew up with, passed down from our parents and grandparents.  Do no harm.

Our recreation facilities have been set aside by local, county and state funds to be a place for local residents in our community to visit and enjoy the outdoors.  To get an enjoyable walk in, to let our children play on the play ground, and to just get some fresh air and relax. 

The facilities are also home to the Plainfield Township Farmers Association, who host the annual Plainfield Farmers Fair.  Each year, the 5 day event brings in a couple thousand people from far and wide to enjoy the livestock, craft fair, baking contest, outdoor concerts and the popular Demolition Derby and Truck and Tractor Pulls.  If you’ve never been to it, I recommend it.  But do it quickly, because once the sludge operation begins, who knows how much longer this event will be around.

What isn’t mentioned in your Material Matters Memorandum about the Hower Farm property is its proximity to the Plainfield Township Community Park.  The park is home to several organizations who help maintain it.  The Wind Gap Athletic Association soccer program, the Faith Christian School Soccer teams, Junior Knights Baseball program, just to name a few.  The potential impact to these programs because of this careless proposal sends waves across the community.  How can they put on youth programs if the air is ripe with sewage odor.   

The investment in these properties over the years for the expressed purpose of recreation comes from local money, county money and even state money.  All that invested funding for outdoor recreation is now ready to be forfeited if we continue down this path.

At the last municipal authority meeting you were quoted as saying “this is just good business”.  I challenge that statement.  You see, you are not a business.  You have no customers, per se.  You get to determine who must pay you for disposal of their waste.  I’d say that’s more like a monopoly.  But regardless, I go back to a phrase I used earlier.  “FIRST, DO NO HARM”.  Some of our most ethical professions use that phrase, attributed to the Greek Physician Hippocrates.

The members of your board were put in a unique position.  From what I understand, you inherited a property that was taken from your neighbors by eminent domain 20 years ago.  When Mr. Chrin decided to put an interchange and warehouse farm adjacent to that property, you made out like bandits to the tune of $50M, or more, on property you took because you “needed it.” 

That property was the perfect location.  A mile from the nearest home down-wind.  You also noted at the last meeting how great the application was and that you never had any neighbors complain about odor.  Well, it’s pretty hard to find neighbors to complain when there aren’t any. 

So after making that $50 million dollars on the sale of the property, you all have an opportunity to “do no harm”.  To use that $50 million dollars responsibly for your Municipal Authority, but also ethically, do no harm with that money in your new plans to dispose of your sludge.

Just on the interest alone, it would be simple to contract disposal of that waste in a landfill for well beyond any of your years sitting in those chairs.

Another option would be to support your local cement company, the backbone of the history of the Nazareth area. 

I quote from an article from the publication Science Direct:

“Furthermore, with its chemical composition, sewage sludge represents a potential source of raw materials for clinker production, thus limiting the demand for natural fossil fuels. As results show from previous studies in this area, specific conditions of incineration in cement kilns allow for maintaining emission standards and process requirements for the production of clinker.”

https://www.bioenergyconsult.com/sewage-cement-industry/

https://www.sciencedirect.com/science/article/abs/pii/S1364032106001195

https://www.osti.gov/servlets/purl/1064407

You would think with all the cement kilns in the area and rising costs of fuel, not to mention the push against climate change, this option would have made the Material Matters publication. 

But instead, you chose Option 1.  Be damned the people of Plainfield Township.  Be damned the property values of the residents down-wind of the Hower Farm. 

Our houses are our biggest assets.  It’s the one thing we invest in that we can leverage for our own well being when we grow old and hopefully have some left over when we pass an inheritance to our children.  With this decision, you’ll likely reduce personal property value of your new neighbors by almost as much as you paid for the Hower Farm.  These families’ homes will become impossible to sell with sewage sludge applications taking place in their backyards.

I ask, would you want that done to you?  By a group of people who had so many other choices that would do no harm? 

I ask you to reconsider.  It’s not too late.  Be responsible.  Do the moral and ethical thing.  DO NO HARM.  Be responsible to the community and do good with a $50M dollar gift Mr. Chrin gave to you. 

When you lay your head down on the pillow tonight, let that phrase echo in your mind. 

DO NO HARM.

Thank you.

Tony Borger

 5. Rich Uliana Lives adjacent to the property.  Mr. Uliana had a question - he asked "if this stuff is safe, explain to me why if I sell my property, I have to fill out a disclosure stating that this has been applied adjacent to my property, and in the process reduce my property value.  I'm going to go ahead and sit down because I don't believe any of you have an answer."  Board Solicitor Al Pierce, who was rather belligerent and raised his voice multiple times during the public comment period, doubted this was true.  Mr. Uliana stated that he would forward evidence it is the case to the Board.

edit 12/25 Here is the proof, from the PA Association of Realtors Seller's Disclosure.  Come on, Mr. Pierce.  A good attorney would know not to admit he isn't aware of something like this.

6. Dorothy Williams Ms. Williams lives immediately downstream of the runoff of the site, and receives heavy stream and surface flow associated with storm and winter melt.  She expressed concern that in her senior years, her house is her greatest asset, and when the proposed use destroys her property's value she does know what she will do.

7. Jason Lewis Mr. Lewis, having listened to the previous speakers, several of whom questioned the wisdom of the Authority's plan, asked how many of the Board members were familiar with the property and understood how sloped it is, prior to deciding to purchase it.  No Board member responded.

Follow up comments

Ms. Meckler observed that the spreading of sludge on preserved farmland, as proposed, is inconsistent with the purpose (and legally binding deed language) of the preservation of farmland in perpetuity - forever.  Mr. Moore put a finer point on this, pointing out that the steady buildup of metals and pollutants such as PFAS in biosolids in the soil never goes away - which mean use of the land for agricultural purposes is being degraded.  This is antithetical to the goal of the Farmland Preservation Program as Ms. Meckler stated.

Observations

It should be noted that most Board members appeared somewhat nonplussed throughout the public's comments.  One wonders if they were led down this path by one or two members who cast this plan as a good idea.  The public was allowed to speak as long as it wished, which was acknowledged and appreciated by multiple attendees.  They were treated with respect, with the exception of one individual on the dais.

As multiple speakers addressed, NBMA is flushed with cash, so to speak.  Riches beyond most municipality's imaginations, and NBMA is a municipal entity.   Mr. Borger's exhortation that NBMA should "DO NO HARM" is perfectly stated.  Why in the world would they foist this operation on Plainfield Township, and its residents?  There is obviously significant cost in biosolids disposal, but NBMA has far more assets than it seems likely to need.  Is this an uninformed choice, pedestrian greed, or could it be something more insidious - such as a conspiracy between parties who are interested in increasing the "beneficial use" of biosolids across the state?  Could choosing a property with a HQ creek tributary through the bottom of it have been intentional, and not just an apparently ill-conceived choice?  To make it easier to defend applying biosolids near surface waters in the future?

What is real?


Memorandum from Material Matters to NBMA,

rating the risk of three options for disposal of NBMA's sludge









NBMA Plant Manager Dean Minnich and his wife live in Pen Argyl, a half mile from the location of the proposed Synagro sludge drying plant.  They signed a petition objecting to the plant, and Mr. Minnich also as a Council Member voted along with Pen Argyl Council in objecting to the proposal.




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