DAR by Joe Fenstermacher With Addendums

7/31/2019 DAR by Joe Fenstermacher With Addendums

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-----Original Message-----

From: Simeone, Aliza

To: hbfreshair

Sent: Fri, Jun 15, 2012 2:55 pm

Subject: DAR inquiries

Briefly, in response to your questions, I submit the following information:

1. The Pennsylvania Department of Agriculture, Bureau of Animal Health which licenses the dead animal

composting facility in Honey Brook, has not issued a violation against this facility in well over a year. The

prior violation was handled quickly and to our satisfaction.

2. While people hauling dead domestic animals that they own (e.g. a farmer hauling his own dead cow

to a disposal site) are not required to be licensed as a hauler, they are still responsible for preventing

leakage of bodily fluids onto public roadways. If specific individual instances that can be followed up

on are presented, I will investigate to educate the farmer involved so it doesn't happen again.

People who haul other people's animals, whether those animals are alive or dead, are required to be

licensed haulers and meet certain requirements of that licensure including record keeping and

sanitation requirements. Individual situations involving potentially unlicensed haulers hauling for other

people can be reported to me and can be followed up on on an individual basis to get the haulers

licensed and into compliance with the requirements.

3. This composting site is inspected far more frequently than any other in the Commonwealth to the

best of my knowledge. It is inspected without prior announcement at least monthly. Minor issues are

discussed regularly with management and changes made to improve the facility and process at the site.

4. The Domestic Animal Law requires that dead domestic animals be disposed of within 48 hours of

death. Since this facility allows local farmers to drop off their dead animals for free (a huge service to

the community), there had been times when a dead animal was dropped off by a local farmer

unannounced when no one was present at the site. The dead animal would lie there until the manageror workers returned to the site later that day or the next morning. Then the dead animals were

incorporated into the piles.

Many months ago, I requested that any animals that were dropped off be covered immediately until

they could be incorporated into the piles. The management immediately put up a large sign to inform

people that if they drop off a dead animal when no one is working at the site, they must cover it with a

tarp. This has prevented even the short periods of dead animal exposure that were previously

experienced.

Please feel free to bring any additional questions or concerns to my attention and please feel free to

have other concerned township residents contact me so that I can explain more about the process ofcomposting and why it is important to have a place for dead animals to be disposed of properly.

Thank you.

Aliza Simeone VMD | Veterinary Medical Field Officer Region VII

Pennsylvania Department of Agriculture | Bureau of Animal Health and Diagnostic

Services

1015 Bridge Rd. | Collegeville PA 19426

Phone: 610.489.1003 x118 | Fax: 610.489.6119

www.agriculture.state.pa.us


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Addendum 3


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July 18th, 2012(revised 7/24/12)

Meeting to discuss DAR on Mount Pleasant View Road, Honey Brook Township

Attendees:Senate: Julia Harper, Senator Raffertys Office

Jenn Frees, Senator Brubakers OfficeDEP: Jim Wentzel

Brian CalabreseW Blasberg

Dept of Ag: Brenda ShambaughMathew Meals, Dept. SecretaryDavid GriswoldJohn HowardAliza Simeone

Honey Brook Township:

Joe FenstermacherLew WertleyMike FranceMichael ReinertDick ReederJohn McHugh by phone

Chester County Conservation District:Chotty SprenkleChris StrohmaierPamela Wilkinson

Statement from Department of Agriculture

It is DOAs responsibility to oversee and regulate DAR. They work with industry andbusinesses to educate them and keep them in compliance.

The DAR is essential to the farming community and they are currently in compliance andare licensed with the PA Department of Agriculture.

Statement from Department of Environmental Protection

At this time, there are no outstanding violations. Last fall a violation/complaint warranted

a NOV for release of liquids.

Testing has shown there is no degradation to the stream- up stream or down. DEP didan inspection last week.

Township

Pictures presented from June 10, 2012Leeching, exposed animal parts, dogs picking at bones


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HB Twp was told there are no violations and no reportsConditions in the fall are the same as they are now

Mr. Wertley- township supervisor- has definitive outstanding issues:

Location not acceptable headwaters of the Brandywine

Not operating in an acceptable manner Complaints from DOA are not sufficiently taken care of or responded to

meaning including the township with results/findings.

Feels DEP is not properly overseeing the issue of the discharge/leechingfrom the lagoon.

DOA response-Staff handles all complaints internally reports may not return to the Twp. DOAreceived three complaints that day. Only one was related to Ag hauler was rectified.

Dr. Simeone was out on June 14th and did not see anything like the pictures presented.No name was given to the person who took the pictures. She stated that have been incompliance each time she has been there. Gone above and beyond what was requiredof them. Any time there has been an issue they have fixed it.

Complaints can be submitted to the Deputy Secretary or Dr. Simeone.

Mr. Wertley- township supervisor - has an issue with the Right to Know request. Everytime a complaint is submitted they must submit a request. The Twp would like aresponse. This is not required by DEP or Ches Cty Conservation District.

Operator refuses to come in to the township or talk to them. Threatened them with

trespassing. Not registered with the state. Questioned owners previous facility inLebanon County.

Neighbors complain and the owner states that they need to stay out of his business.

DAR started the business w/o permitting or acknowledgement of Honey Brook Twp.

Action item:Dept of Ag to get back to the township with the name on the license. They did not haveto file for a fictitious name.

If the owner/operator did not go through the land development process for the township,

he may be cited by the township. The township can issue a cease and desist order.This is not a DOA issue.

DEPDAR is pumping effluent.The hose which ran across the stream was a violation and was removed.The walls (berm) of the lagoon are not leaking at present. The past violation related toleakage was corrected and the berm is performing as intended.


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No discharge or seepage was noted and aquatic biology of the stream up and down-came back with no negative results.

DAR has been asked to notify DEP prior to pumping from the lagoon to the fields, but isnot currently doing so.

The township is notified that he pumped on the fields when a neighbors cattle refuses todrink from the stream.

DOAThe kill effectiveness of composting to destroy bacteria and disease in livestock- normalrate is 99%. Composting does not kill Anthrax spores or the agent that causes Mad Cowdisease. Not an issue here.

The location and the operator continue to be the main complaints. He has no physicalbuilding, so breaking a zoning ordinance is not an issue. This puts the township in aCatch 22.

Chester County Conservation District was on site last Monday and they were happy withthe progress made at the site.

In Conclusion:Mr. Joe Fenstermacher, township supervisor, had a different perspective on the DAR He did support the DAR and the service it provides.

Supervisor Wertley would like the site to be shut down.

The DAR is in compliance with AG and all legitimate complaints will be investigated.

The DAR has no outstanding violations with DEP.

Conservation District stated that the grant from PennVest was deferred not declined.

DAR by Joe Fenstermacher With Addendums

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