Complaint ID 89400 — Public Copy

Status: Approved/Closed

Nature of Complaint

Dear Ms. Wren, thank you for your response. However, as Mr. Kirkland states, once your office had issued a Certificate to Wittmer Agri-cycle, (which you did on February 18th, 2019) DNR/EPD is prevented from taking further action against the material and/or further toxins (which may be found in the coming Satilla Riverkeeper toxicity testing). This unknown toxicity level residing in the pine bark ash sludge waste by-product in addition to the obvious hazards of what is now known from the UGA Ag tests regarding this zinc-laden product, (Until this year was previously untested, since prior to 2012, according to Ms. Melissa Smith of your office.) should not have been commercially licensed until the testing was performed and the product found to be benign, which is not the case thus far. Your office (at my behest) only tested for calcium & magnesium & moisture, which IS of course, only what was found. The current test results did not match the previous un-dated test results prior to 2012 according to your previous email to me. No action had been taken until after my claim & investigation into Wittmer Agricycle & Joey Denison Trucking as being the operators of an unlicensed waste disposal operation originating from Brunswick Cellulose without proper licensing for "Pine Bark Ash & Lime" and calling it "Top Soil." This was at my request, without any initiative on the part of your office, EPD's or the contracted dumpers. The perpetrators Joey Denison Trucking and Shannon Foster of Wittmer allegedly have colluded and trafficked in an unlicensed PULP MILL WASTE byproduct for approx. 24-48 months 'out-of-compliance" with the Georgia Department of Agriculture, according to information given to me by your department, Ms. Melissa Smith. How blatantly ineffective both your agencies have become in this matter. Instead of pursuing further testing to determine beyond your Departments' ability of limited testing for calcium, magnesium & moisture, succumbing instead to bureaucratic bumbling with your primary issue being, allowing dumping rather than allowing the perpetrators to remain out-of-compliance. Whilst the perpetrators haven't a license and have taken advantage of poorly likely intentionally misinformed farmers, who have been told by Joey Denison of Joey Denison Trucking, the material is "top-soil." Despite all my efforts with Wittmer Agricycle both at the plant in Callahan, http://www.wittmer-agricycle.com/Products.html and by my efforts requesting certification, licensure and materials content from their embedded agent at Koch Bros. Brunswick Cellulose, Wittmer's Shannon Foster, nothing was presented as evidence of the safety or elemental components of this zinc-laden material. I am a personal victim, whilst our family farm has approx 170 (16-24 ton) loads of this material, leaching into the ground and water under storage, awaiting spreading or movement to other farms. (Previously, the material was found at Bowen Dairy Farms, without a Certificate, and the removal and containment much to the accolades of DNR/EPD were accomplished. The material remains just as hazardous now as then. As it must have been obvious to DNR/EPD there was no Certificate, I'm surprised this had not been previously investigated. Obviously, beyond any caveat of reason, neither of your offices were concerned sufficiently about the continued actual acidity and possible toxicity of the material. It would have been preferable to have either ordered or waited on the results from the UGA Ag Labs Soil Digestion Report, in addition to possible heavy metals which may or may not be found in the Satilla Riverkeepers testing or testing for possibly harmful chemical solvents. Resulting from your issuance of the Certificate, we are facing continuous filtering into our groundwater from the surfactant cleaning process of the sludge waste product "Pine Bark Ash & Lime" dumping on ag and timberlands. Your office and Mr. Kirklands' have the high prestige in the State of Georgia amongst its' citizenry, to acknowledge State issued Certificates as a "licensure." If the farmer, whom at worst may only be a high school graduate in many cases, sees your Certificate, he or she may assume all is well, otherwise, the "license" would never have been granted, likely surmised. A great disservice has been done to our citizenry, ag farmers and tree farmers. This is a wakeup call. Primary damage may still be curtailed if your Office acts and revokes this Certificate of February 18th. Brunswick Cellulose should be forced to dump the ash in a well-preserved landfill. Disappointingly, your chief concern apparently was in making certain Wittmer/Denison has a "Certificate." Wittmer Agricycle using the subcontractor "Consumer" Joey Denison Trucking of Scenic Drive Offerman, GA continues to disseminate a waste material so zinc-laden, commercial farmers refuse to lease these ag-lands after dumping. The ultimate unwary consumer is the farmer or heirs of a farmer whom unwittingly allow this ash-laden re-injection material on their property. Landowners are being wrongfully misled. This material should be exempted from "Certificate" and placed in a secure leak proof landfill, not on cultivated agriculture & cutover forest lands. I spent most of November and December attempting to get a copy of the current license or certificate from Wittmer. No certificate was ever presented until February 18th, 2019, until it was applied for by Wittmer and issued by your office. This could not have been an oversight but rather an intentional effort to disseminate a known harmful material for ill-gotten gain onto the property of bamboozled landowners by Brunswick Cellulose, Wittmer Agricycle, and Joey Denison Trucking. Mr. Denison sold a load to me last spring as topsoil for $300.00. It was not topsoil. I requested removal of the product but was assured the material was topsoil. When I asked for proof, none was given, until a March 15th, 2016 "Manure Nutrient Analysis Report" signed off by Brunswick Cellulose Plant Manager Mike Vogel (surfaced through a third party) and paid for by Wittmer & Associates, tested by AgSource showing Zinc at 140 ppm. Neither the calcium nor magnesium levels match the Dept. of Ag findings. Nor does their test match the UGA Ag Labs test for zinc at 1996 PPM. Now I come as a citizen on behalf of other farmer citizens in Georgia being misled and for those whom have been coerced to sign a "Waiver of Liability" by Wittmer Agricycle and/or Joey Denison Trucking and demand relief while suggesting this be sent up for Review by the "Director" mentioned in F4. Further: The license issued to Wittmer Agricycle & Joey Denison "Consumer" should be revoked immediately with EPD following up to enforce safety and removal methods to stop the leachate & spreading of this material into our soils before they become so acidic to the ruination of South East GA ag-lands, swamps, streams, creeks and ultimately our groundwater. The capacity for Brunswick Cellulose and other like mills to continuously churn out this by-product waste material is seemingly endless. Our cultivated lands for food crops are NOT ENDLESS. Any silviculturist could tell you, even pine trees won't grow productively where the soil is too acidic. There is a limit on acceptable PPM of Zinc on loamy ag soils and it is <100 ppm while the actual Zinc levels in this material are greater than 1995 ppm. (UGA AG SOIL DIGESTION TEST) dated January 14th, 2019. This dumping endangers both our soils and forestry lands. Rule 391-3-4-.04 7 F-4 .A material is not "used, reused or recycled" when it is applied to or placed on or in the land in a manner that constitutes disposal which, in the opinion of the Director, may pose a threat to human health and the environment (for example, utilizing soil containing levels of hazardous constituents, as listed in Chapter 391-3-11, 40 CFR Part 261, Appendix VIII for fill material when those levels are greater than the background levels in the area to be filled, land applying sludge in excess of generally accepted agricultural practices or use of inherently waste-like materials as fill material). Sincerely, la LA Chancey

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File	Size	Date Uploaded
Scenic Drive Denison Property - Top Soil.JPG	5.5 MB	25‑Apr‑2019
Scenic Drive Denison Property - Calcium Lime-dark - plaster lime-white.JPG	3.8 MB	25‑Apr‑2019
Scenic Drive Chancey Property - Bark Ash & Lime Dregs Mix loc 1.JPG	7.4 MB	25‑Apr‑2019
Scenic Drive Chancey Property - Bark Ash & Lime Dregs Mix loc 2.JPG	3.3 MB	25‑Apr‑2019
Scenic Drive Chancey Property - Bark Ash & Lime Dregs Mix loc 3.JPG	5.7 MB	25‑Apr‑2019
e-mailed Denison Photos.pdf	1.2 MB	7‑Jun‑2019
Scenic Drive Chancey Property - Bark Ash & Lime Dregs Mix loc 1 - 6-17-19.JPG	4.9 MB	17‑Jun‑2019
Scenic Drive Chancey Property - Bark Ash & Lime Dregs Mix loc 2 - 6-17-19.JPG	3.0 MB	17‑Jun‑2019
Scenic Drive Chancey Property - Bark Ash & Lime Dregs Mix loc 3 - 6-17-19.JPG	5.4 MB	17‑Jun‑2019