Polk County officials have re-energized their battle to stop operations at an East Lakeland facility frequently accused of creating a stinking mess.
Polk County Attorney Randy Mink and the county’s consulting attorneys filed a request for an injunction on Jan. 7 asking the 10th Judicial Circuit to force BS Ranch & Farm, Inc., operated by WHS Visions of Lakeland LLC, to cease all operations and remove all existing waste materials from its facility at 4630 Maine Ave.
“This is an action for a temporary injunction and permanent prohibitory injunction to enjoin Defendants [BS Ranch and WHS Visions] from violating the LDC by receiving waste products onto the property and failing to sell and remove soil products from the property,” reads the county’s Jan. 7 legal filing.
This action revives a lawsuit Polk County filed against BS Ranch & Farm in September 2023. The court had instructed both parties to attempt mediation to find a mutual solution in November 2023.
BS Ranch’s lawyers, Patrice Boyes and Kent Safriet, filed a response on Jan. 16 saying the county has failed to comply with the court’s given deadlines and has not attempted to schedule mediation.
A non-jury trial on Polk’s request for an injunction is tentatively scheduled for May 27 to 29 in Bartow, according to Polk County Clerk of Court’s website.
It’s not the first time Polk County has tried to shut down BS Ranch’s operations. It sent its first cease-and-desist letter in March 2017.
What’s changed about BS Ranch?
Polk’s attorneys claim there have been major changes the courts need to consider. BS Ranch and WHS Visions “no longer have the requisite Department of Environmental Protection permit to operate a soil manufacturing facility required by the Plaintiff’s [Polk] Land Development Code.”
In March 2022, FDEP refused to renew BS Ranch’s permits , stating it “did not provide reasonable assurances” it could operate in compliance with state laws. The agency cited concerns about noxious odors and potential groundwater contamination — nuisances Lakeland residents and area businesses have complained about for years.
BS Ranch appealed the state’s decision in April 2022. It eventually worked out an agreement with the FDEP to keep its organic waste recycling business open for business in July 2023.
As part of BS Ranch’s deal with the state, it agreed to several requirements that appear to address Polk’s major concerns:
- It must stop accepting any delivery of biosolids into its facility.
- It’s prohibited from accepting septage until it can make detailed facility changes so all deliveries are inside a closed building with filtration systems to nullify objectionable odors.
- It must implement an odor-control plan and measures to prevent off-site odors.
- It must demonstrate biosolids and septage currently on site meet the requirements to be distributed as organic fertilizer, or dispose of the materials at an authorized off-site facility.
BS Ranch, which has accepted human waste as an organic waste recycling facility, has made the voluntary decision to phase out accepting septage and is in the process of doing so, Boyes. However, no specific cutoff date was given.
Septic industry haulers immediately raised red flags Polk County was facing a potential “crisis,” as the nearest receiving facilities are now in Plant City or Avon Park.
Polk began construction of a county-owned septage receiving station in May 2022, but it’s not expected to be operational until sometime in 2026.
Polk County doesn’t follow those guidelines so how can they be hypocrites 🙄. Warehouses and other businesses put out extremely harsh smells as well and they don’t attack them.
I used to work somewhat near it. I was maybe 10 miles away. The smell was so overwhelming, I could barely breathe and I felt very sick. The smell didn’t come and go. I worked overnight, so that nasty odor would linger almost my entire shift. My customers would be shocked when they opened their windows and asked if something had died. Many regulars asked how they could complain. Polk County has grown. The sewage issue must be addressed and solved. Years ago, I remember Dallas struggling with the same problem. The processing plant was right next to the main highway. I remember as a child holding my nose and coughing as we drove by the upright sprinkler heads spraying sewage water (?) onto the ground. Everyone complained and numerous newspaper articles were published. It was eventually closed down and I never heard where it was moved.