On September 2, the Department of Environmental Protection announced it has approved alternative Best Management Practices (BMPs) with environmentally protective conditions for the land application of food processing residual during inclement weather in response to a proposal from Nicholas Meat, LLC, of Clinton County.  

“The proposed alternative BMP technology and conditions for its use were rigorously reviewed by experts in DEP’s Waste Management and Waterways and Wetlands programs to ensure that the FPR will be applied in a way that injects nutrients in the soil and makes them available to crops, even in adverse weather conditions,” said DEP Northcentral Regional Director Marcus Kohl. “The use of the approved alternatives will be monitored and carefully enforced in accordance with DEP’s Food Processing Residual Management Manual and all other applicable laws and regulations.”

DEP’s approval requires Nicholas Meat to preserve as much storage space as possible leading into the winter season to minimize the need for land application of FPR during potential inclement weather; utilize an injection toolbar method that applies FPR below the soil surface; and follow specific conditions relating to field slope, soil types, and setbacks during various winter weather condition scenarios. 

This action terminates legal proceedings that have been pending before the Environmental Hearing Board. DEP reserves the right to require the abatement of any adverse environmental conditions resulting from these practices.

Nicholas Meat is also required to maintain daily application records identifying field locations, application volumes, and weather conditions, and must submit an annual operations report to DEP. 

The approved alternative BMP specifying allowable land application methods and environmentally-protective restrictions is available on the DEP Northcentral Regional Office Community Information webpage.

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[Posted: September 2, 2021]

9/6/2021