MARSHALL - Matthew Ponder's application to bring a septage detention facility to Marshall was denied by the county in December, but the issue continues to be dragged out after Ponder appealed the county's decision.
In a meeting July 15, the Madison County Board of Adjustment continued its appeal hearing to take place prior to its next scheduled meeting July 22.
In a nearly five-hour meeting, one of the biggest issues before the board was the definition of "septage."
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.
According to Development Services Director Brad 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 exception.
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?
But according to Bo Carpenter of Allen Stahl + Kilbourne, the attorney representing Ponder, the issue is even more simple than that, and comes down to whether composting is an agriculture use.
Carpenter argued that it is a composting operation and should be a permitted land use on the property.
"This is truly a composting operation, which is our case," Carpenter said.
Ponder currently raises beef cattle on the Zenina Farms property. Zenina Farms owns and operates Ponder's septage company, Mountain Well and Septic, a septic pumping company that works with individuals and nonprofit organizations to install septic systems.
One of the most important issues before the board was establishing the difference between the terms "septic" and "septage."
According to the Oxford Dictionary, "septage" is defined as "excrement and other waste material contained in or removed from a septic tank."
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.
While Carpenter attempted to qualify Ponder as an expert witness in septage matters, the board unanimously voted to not recognize him as such, noting Ponder's admission that he had no experience in septage management.
Ponder said while he had no such experience, he traveled to Fremont, outside of Wilson, to observe D&D Organic Farming Compost Facility's processes.
Noor also pointed to the county's issuing a notice of violation to Ponder for emitting raw sewage into the environment.
More: Ponder appealing county's decisionMatthew Ponder appealing Madison County's rejection of proposed septage detention facility
Background
Through meetings with Ponder, Guth said the plans were to collect waste such as grease and vegetable oils from restaurants that would then go to MSD or be processed on the site, as Guth was told Ponder was waiting to receive permitting from the state Department of Environmental Quality.
According to Guth, in the Madison County Land Use Ordinance, the septage detention facility is not an accepted use in the Residential-Agricultural zoning district
Guth said when there is not an "exact match," Guth said he typically consults a land use planner's dictionary to determine a similar use.
The development services director applied the term for "wastewater treatment plant" but that use's definition in the Land Use Ordinance requires that the waste be distributed into waters. For this reason, Guth said he felt this was not a similar use.
Guth said the county Land Use Ordinance permits the use in its Industrial district, but ruled that the use was not permitted in the Residential Agricultural district. Guth said he offered to the applicant that one of the recourses was to apply for a text amendment to the ordinance.
The Madison County Board of Adjustment will meet July 22 at 4:30 p.m. at 258 Carolina Lane in Marshall.
Johnny Casey has covered Madison County for The Citizen Times and The News-Record & Sentinel for three years. He earned a first-place award in beat news reporting in the 2023 North Carolina Press Association awards. He can be reached at 828-210-6074 or jcasey@citizentimes.com
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