Natural Soil Products (NSP) has been hit with a Notice of Violation for failing to mitigate putrid odors on numerous days in August from its biosolids processing facility in Frailey Township.
NSP has been the subject of years of complaints from residents who live near the facility and downwind from it. They say the smells emanating from NSP have destroyed their quality of life, affected their health, and affected their property values.
According to a document obrained by The Canary on Friday, Joshua Matulevich, the Pennsylvania Dept. of Environmental Protection Environmental Protection Compliance Specialist, sent a Notice of Violation to Matthew Ackerly, General Manager at Tully Environmental, which does business as Natural Soil Products.
The Notice of Violation does not mention the imposition any fines against NSP. But the Notice was prompted by “odor patrols” and offsite detection of foul smells in violation of the state’s Solid Waste Management Act on numerous dates in August.
“Tully Environmental failed to control and minimize conditions not otherwise prohibited by this subchapter that are harmful to the environment or public health, or which create safety hazards, odors, dust, noise, unsightliness and other public nuisances, in violation of 25 Pa. Code §§281.201(b) and 281.218(b). Specifically, odors attributed to the Natural Soil Products Company facility were detected offsite by Department representatives on August 5, 6, 9, 12, 13, 20, 22, 23, 25, 26, 27, and 28, 2024.”
DEP “requests” that NSP, within 15 days of the notice on Sept. 12, “submit a plan and schedule that addresses the control and minimization of the odors” from the facility. The agency says NSP should pay “particular attention on the orors from the screening building.”
The letter from DEP to NSP continues, “Enhanced odor control measures already established should be identified, as well as planned odor control measures. In addition, within thirty (30) days of receipt of this Notice, a review of the facility’s Nuisance Minimization and Control Plan should be conducted, and the plan should be updated as necessary.”
DEP adds that NSP must provide “prompt correction” of the odor problems at its facility. If the company doesn’t, fines will likely be headed its way.
“Each day a violation continues is considered a distinct and separate offense. The violations noted herein may result in an enforcement action under the Solid Waste Management Act. This Notice of Violation is neither an order nor any other final action of the Department. It neither imposes nor waives any enforcement action available to the Department under any of its statutes. If the Department determines that an enforcement action is appropriate, you will be notified of the action,” the letter concludes.
The Notice of Violation came as welcome news to Schuylkill County Commissioner Larry Padora. Contacted Friday night and informed of this update, he said, “I’m glad DEP is finally waking up to the concerns of everybody in the west end of Schuylkill County and they hold NSP acccountable for impacting the quality of life of the surrounding communities.
“NSP needs to learn to be a good neighbor. And I hope DEP is looking for a long-term solution for the people of the west end of the county,” he added.
This is not the first time NSP has faced action from DEP but it doesn’t appear to be doing much to mitigate the problems.
In 2023, the agency fined the company $50,000 for failing to mitigate odors from its biosolids processing facility.
Later in the year, after agreeing to install a filtration system that was supposed to reduce and/or eliminate those odors, NSP was supposedly docked $500 daily for delays in implementing that Gore Biosolids Composting System.
That was supposed to be installed by Oct. 15, 2023.
Many residents say, despite the system now being online, it’s not working. Putrid smells are believed to be emanating from NSP regularly and the complaints keep piling up against it.
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