MARSHALL - It's been nearly a year since Matthew Ponder first applied to Madison County for a permit to operate a septage detention and treatment facility at his Zenina Farms Drive property in Marshall, and the legal proceeding again was continued Sept. 11.
The Madison County Board of Adjustment met in the latest continued meeting on Ponder's application to operate a septage detention and treatment facility on his property in Marshall. Development Services Director Brad Guth and the county denied the application in December 2023.
According to the Oxford Dictionary, "septage" is defined as "excrement and other waste material contained in or removed from aseptic tank."
According to Guth, in the December decision, the county administration ruled that the proposed septage detention facility was not permitted in the Residential-Agricultural district and was not subject to an agricultural exemption.
Chester Cobb — who works with the Department of Environmental Quality's solid waste section of the Division of Waste Management, was on hand Sept. 11 for testimony.
Cobb said he deals with issuing septage management firm permits and is also an inspector and specializes in septage detention and treatment facilities, as well as septage land application sites throughout the Central North Carolina region, including Rockingham County.
According to Cobb, the waste analysis is typically done by environmental labs, while the North Carolina Department of Agriculture often performs soil testing at inspections.
"We look at the crop. They've got to have a viable crop. We look at markers. They have to have markers that delineate areas where they can be on, and where they can't be on. We look at signage. They've got to have it identified as a septage application site. No trespassing.
"We look at setback distances from the field boundaries. We look at evidence in their applications. We look at whether they evenly apply septage across the field. What we're looking at is the viability of that crop, and how they are land compliant."
According to Cobb, water quality is not within its septage rules, as mandated by the state.
Cobb was cross-examined by Bo Carpenter of Allen Stahl + Kilbourne, the attorney representing Ponder.
Jack Martin, one of the neighbors with standing in the project, also cross-examined Cobb.
One of Martin's questions was about the testing of brown grease cake material.
Ponder said his plan, if approved, is to separate the waste.
"I'm trying to take grease trap waste and separate the grease and the water," Ponder said. "That's what I'm generally trying to do. You bring in the trap waste and put it in a tank, then the tank holds the grease waste."
Ponder said he also planned to neutralize the pH of the grease waste by using a meter pump and using a polymer that forms the grease into small clumps.
Ponder said he planned to build a 30-by-30 pole barn for the de-watering process.
According to Cobb, once the septage gets to the facility, there is no testing required in the state's rules as to the contents of the brown grease. In a July meeting, in his report issued to the board, Ponder estimated he would produce roughly 15 cubic yards of brown grease per week. The brown grease would make a "cake" to be added to the compost as an ingredient.
John Noor is a land use attorney who typically represents the board but in this case is representing Madison County in its determination that the proposed septage detention and treatment facility was not permitted for Ponder's property, 98 Zenina Farms Drive in Marshall.
Agricultural vs. manufacturing, other concerns
One of the main concerns raised by neighbors was odors resulting from the proposed septage detention and treatment facility site.
But according to Cobb, if a facility is contained entirely indoors, that can potentially help with odors. Other ways to mitigate odors include a vegetated buffer area with tall trees or bushes, Cobb said, adding that one of his jobs as an inspector is to assess and rule on whether odors will be limited to the property.
Throughout this process, the issue has come down to whether the proposed usage is considered agricultural or manufacturing.
According to Noor, the decision before the board comes down to two determinations: Does a septage and waste issue qualify as a bona fide farm use and if not, is it eligible for an agricultural exemption?
Board of Adjustment Chair Robert Briggs and board member Ernest Ramsey asked Cobb whether he felt the operation was more of an agricultural or manufacturing process.
Cobb said, in his opinion, Ponder's proposed use would be considered agricultural.
"If they're using it to produce a crop, and not just for disposal, to get rid of it and make more material," Cobb said. "It all hinges on the crop production. That's the same thing with the septage land application site. We are the permitting agency that does the inspection."
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Donna Wilson, a permitting manager for the state Department of Environmental Quality's Solid Waste department, also appeared before the board for cross-examination Sept. 11. Wilson's primary area of expertise is composting.
According to Wilson, the role brown grease plays in the composting process is it serves in the same category, Type 3, as food waste and animal manure.
In past meetings, another concern raised by neighbors with standing — Alan Basist, Martha Knight Oakley, Jack Martin and Richard Ochsener — said they worried about the chemicals used in restaurants potentially winding up in the brown grease as well.
Additionally, Martin said he felt if approved, the composting facility could negatively impact his Airbnb business.
"Our business is based on this reputation. I believe that we have really unique damages that would result from approval of this operation," Martin said.
The meeting was continued. The Madison County Board of Adjustment's next meeting is scheduled for Sept. 30.
