The DEP has refused to renew BS Ranch & Farm‘s state permit needed to continue operating as an organic waste recycling facility.
The Florida Department of Environmental Protection issued a six-page Notice of Permit Renewal Denial (see attached) stating it would not renew the permit as there were deficiencies in its application. The renewal includes a request to increase both the feed material and products from 3,870 and 1,088 tons to 12,494 and 7,139 tons respectively (Increased Tonnage).
The DEP has found that BS Ranch and its operators “did not provide reasonable assurances” it can operate in compliance with state laws governing treatment and disposal of solid waste.
B.S. Ranch failed to provide reasonable assurance that it is producing a product that meets Class AA Biosolid pathogen reduction requirements for distribution and marketing.
B.S. Ranch did not provide monitoring records or monitoring and treatment methodologies for pathogen reduction that demonstrates representative monitoring is being conducted to ensure all biosolids material treated for distribution and marketing meet pathogen reduction requirements
The DEP has also cited concerns with odors.
The Permit requires B.S. Ranch to take corrective action in the event their odor affects neighboring developed areas to such an extent that the odors adversely affect welfare or unreasonably interfere with use and enjoyment of life or property including outdoor recreation. Based on the complaints from neighbors and the Department’s own inspections, the Department does not find reasonable assurance exists that the Facility will not continue be a source of odors in violation of the cited Permit criteria.
Permit describes, B.S. Ranch was authorized to construct and operate treatment facilities for a new organic recycling facility, utilizing biological treatment to produce Type A compost and Class AA biosolids in compliance with 40 CFR 503, and the Rules of 62-640 and 62-709 F.A.C. B.S. Ranch was authorized to either distribute and market for sale to third parties or dispose of same in a Class I solid waste landfill.
The discharge monitoring reports submitted by B.S. Ranch between April 2016 and January 2022 reveals that 238,986 tons of biosolids were received by B.S. Ranch. However, B.S. Ranch has only distributed and marketed 223 tons of biosolids based material. This is only .00093 percent of the total biosolids received. B.S. Ranch has failed to provide reasonable assurance that it can recycle the material it was originally permitted to receive much less demonstrate the ability to recycle the proposed amounts. Moreover, B.S. Ranch has failed to provide reasonable assurance that it can operate to handle and process solid waste on a first-in-basis or remove the solid waste within the timeframes provided as required.
This failure to recycle the biosolids has contributed to the ongoing odor complaints from neighbors since the Facility’s initiation of operation.
The DEP has also cited concerns with groundwater contamination.
Permit does not authorize a discharge to groundwater. B.S. Ranch has failed to provide the Department with reasonable assurance that the depth of low permeability clay under feed material receiving and storage areas, processing and curing areas, and water containment areas are not less than two feet as required by Permit.
BS has refused to test in those specific areas as requested.
B.S. Ranch has failed to provide reasonable assurance the Facility is not a source of groundwater pollution.
BS Ranch & Farm has NO closure plan as requested by DEP.
And although requested by the Department, B.S. Ranch has refused to submit a closure plan, claiming the requirement does not apply to them.
B.S. Ranch is a facility that meets the definition of a Solid Waste Management Facility. But is NOT permitted to be a Solid Waste Management Facility.
B.S. Ranch has 14 days to petition the state for an administrative hearing on the issue unless an extension is requested. It can continue daily operations while the appeal is pending.
The Lakeland Gazette tried to reach out to BS Farm & Ranch owners Brandy and William Stanton for comment but Mr. John Donoghue of BS Farm & Ranch refused to comment at this time.
Polk County still has a pending case against BS Ranch in which it has attempted to fine the company $11,000 “per day for each of eight days on which off-site odor violations were substantiated to be emanating from their property” dating back to 2019. The business appealed the decision, according to Braswell, which is still pending with a special magistrate.
Polk County Commissioner Bill Braswell said, “I’ll be glad when BS Farm is shut down and out of business.”
Polk Commissioner George Lindsey said BS Ranch has intentionally misrepresented the type of business they intended to operate to the county commission. “It was a total ruse,’ Lindsey said
“The sooner BS Farm and Ranch leave Polk County the better, but I don’t expect that to happen,” Lindsey said.