Soil & Mulch Prodcer News Jul/Aug 2018

Vol. XII No. 4

July /August 2018

Serving Soil, Mulch, Compost & Wood Pellet Producers www.SoilandMulchProducerNews.com

NEWS

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Conservation Easements and Land Trusts, the Ultimate Faustian Marriage

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By Kathleen Marquardt

om DeWeese, author of the book, Sustainable, once wrote that there are thousands of non-governmental organizations (NGOs) working with the UN to subvert property rights. Of course, they don’t just announce that property rights are now null and void, because that would create a stir. Instead, they use language that sounds innocent and helpful to our society. One such tool that is now being used to target rural lands for takings is the “Conservation Easement”, and its threat is growing.

Background

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he right to own property is one of the main pillars of freedom. Numerous Revolutionary patriots wrote about the necessity of property rights for freedom; without that right they could not own the printing presses to share their grievances and promote the rights of man and desires for self-ownership. There have been encroachments on private property over the past one hundred plus years, but now we are seeing a steady army of those who seek to take away individual property rights. As DeWeese described in his book, the “Conservation Easement” is but one of the tools NGOs are using to accomplish their goals.

O u r fo u n d i n g f at h e r s d ra f t e d t h e Constitution to for m a limited federal government, designed to take care of only those duties that were truly national business. All other powers were left to the state governments or the people. Article One, Section 8, Clause 17, offers the only provision in the Constitution for federal ownership of land. It provides for the creation of Washington, D.C., as the seat of the federal government, and allows the federal government to purchase lands in a state with “…the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;” Most older Americans know the Magna Carta’s role in property rights law in the Constitution, but, since it is no longer taught in schools, here is a very short explanation: “Americans of the founding generation’s .. . . views were strongly shaped by the English constitutional tradition. Colonial Americans revered Magna Carta (1215) as a safeguard against arbitrary government. Several provisions of this famous document protected the rights of property owners: 1) The king agreed not take, imprison, or disseize a person of property Continued on page 3

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Conservation Easements and Land Trusts, the Ultimate Faustian Marriage Continued from page 1

PUBLICATION STAFF Publisher / Editor Rick Downing Contributing Editors / Writers Robert LaGasse Kathleen Marquardt Sandy Woodthorpe Production & Layout Barb Fontanelle Christine Mantush Advertising Sales Rick Downing Subscription / Circulation Donna Downing Editorial, Circulation & Advertising Office 6075 Hopkins Road Mentor, OH 44060 Ph: 440-257-6453 Fax: 440-257-6459 Email: downassoc2@oh.rr.com For subscription information, please call 440-257-6453.

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“except by the lawful judgment of his peers or by the law of the land”. The “law of the land “clause was the forerunner of the due process norm. 2) The king promised not to take provisions without immediate payment.

This language acknowledged the principle that government must pay the owner when it acquires private property.”

From that also came the Rule against Perpetuities, “Under the Common Law, the principle that no interest in property is valid unless it vests not later than twenty-one years, plus the periods of gestation, after some life or lives in being which exist at the time of the creation of the interest.

The courts developed the rule during the seventeenth century in order to restrict a person’s power to control perpetually the ownership and possession of his or her property after death and to endure the transferability of property. The rule includes the period of gestation to cover cases of posthumous birth.”

Today

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ong deemed to be natural rights and unassailable, property rights will have to be taken like the salami – one slice at a time.

The attack on the essence of property rights has been going on for over 100 years. But only those waging this attack knew there was a war going on. It started as just a desire by one man to preserve green space and historic sites near Boston. His quest also bore the Land Trust.

The new version of Conservation Easements (CE) was brought slowly and gently into the picture. Like other programs that produce mega-bucks and mega-power, conservation easements became a hot commodity – not for the landowner but for those who wanted to gain control of someone else’s land- Land Trusts.

“Conservation easement is a deeded transfer of an interest in real property to a qualified charity that results in a tax deduction in exchange for the contribution. The purpose is to conserve or protect the land or its resources for future generation. However, the conservative easement allows owners to retain other private property rights and to live on and use their land.

A conservation easement is legally binding.

The easement creates a legally enforceable land preservation agreement between a landowner and a government agency. The restrictions of the easement run with the land. Conservation easements are binding on all future owners of the property.”

The first Land Trust was established in the Commonwealth of Massachusetts, in 1891, to preserve “beautiful and historic places” around Boston. Almost a half-decade after Charles Eliot, the New Englander who proposed the easement, conservation easements were next used by the National Park Service to purchase land along parkways. Those actions, another half-decade later, would be the grounds used to

invalidate the Rule of Perpetuities. We cannot go back and watch how the Greens or, more likely, their lawyers conceived of the idea of using conservation easements to first tie up lands, then, when that became easy and was almost un-objected to, they kept ratcheting up the ‘taking’ without ever having to worry about the Rule of Perpetuities. But we can see exactly how it is being done.

In the chapter titled, “Attack of the NGOs in Sustainable, DeWeese wrote “One rarely hears of it. Few elected officials raise an eyebrow. The media makes no mention of it. Yet, power is slowly slipping away from our locally-elected representatives into the hands of private, non-elected people and organizations.

They come equipped with their own agenda, enforced by thousands of dedicated activists.”

“Influencing the UN and helping to write policy are thousands of non-governmental organizations (NGOs). These are private groups, each of which seeks to implement a specific political agenda according to its own charter.

There are hundreds of these groups covering every issue of Sustainable Development. NGOs are also referred to as a ‘Civil Society’ in UN documents. A quick look at local government planning policies will see them referred to as ‘Stakeholders’ for the community, even though they are seldom from that area. Through the UN infrastructure, particularly through the UNEP, they have great power.”

An NGO is not just any private group hoping to influence policy. True NGOs are officially sanctioned by the United Nations. That means they not only can sit in on international meetings, but can actively participate in creating policy, right along side government representatives and diplomats.

Conservation Easements and Land Trusts (LT) grew slowly. It wasn’t until Sustainable Development became the issue of the day that the power elite figured out that CEs could be goldmines for little financial outlay. Once that was discovered, not only could Land Trusts gobble up land at very low prices, they could turn around and sell land to the government for full price or they could swap it for preferential land belonging to the government.

It should also be noted that “Land Trusts” are required to be NGOs. The NGO that DeWeese didn’t mention in his book is the Conference of Commissioners on Uniform State Laws, (or Uniform Law Commission, ULC) which was established in 1892. It purportedly “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. “. . . the organization also utilizes input from legal experts, and advisors and observers representing the views of other legal organizations or interests that will be subject to Continued on page 4 the proposed laws.”

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Conservation Easements and Land Trusts, the Ultimate Faustian Marriage

Continued from page 3

The ULC wrote the Uniform Conservation Easement Act (UCEA) in 1981, which did away with the Rule of Perpetuities — and no one said a word. One day we were secure in our property rights under the Rule, and the next it was gone. No one squawked that it would destroy property rights. Where were the legal scholars?

Cui Bono? The National Historic Preservation, National Association of Realtors, and the National Park Service, among others were advisors on the UCEA. The Law of Perpetuity says you do not get to control how your property is used after you die. But, somehow, the ULC with its CE Act: • enables durable restrictions and affirmative obligations to be attached to real property to protect natural and historic resources. Under the conditions spelled out in the Act, the restrictions and obligations are immune from certain common law impediments which might otherwise be raised. The Act maximizes the freedom of the creators of the transaction to impose restrictions on the use of land and improvements in order to protect them, and it allows a similar latitude to impose affirmative duties for the same purposes. In each instance, if the requirements of the Act are satisfied, the restrictions or affirmative duties are binding upon the successors and assigns of the original parties.

• The Act does not itself impose restrictions or affirmative duties. It merely allows the parties to do so within a consensual arrangement, freed from common law impediments, if the conditions of the Act are complied with.

• These conditions are designed to assure that protected transactions serve defined protective purposes (Section 1(1)) and that the protected interest is in a “holder” which is either a governmental body or a charitable organization having an interest in the subject matter (Section 1(2)). The interest may be created in the same manner as other easements in land (Section 2(a)). The Act also enables the parties to establish a right in a third party to enforce the terms of the transaction (Section 3(a)(3)) if the possessor of that right is also a governmental unit or charity (Section 1(3)).

• The easement alternative is favored in the Act for three reasons. First, lawyers and courts are most comfortable with easements and easement doctrine, less so with restrictive covenants and equitable servitudes, and can be expected to experience severe confusion if the Act opts for a hybrid fourth interest. Second, the easement is the basic less-thanfee interest at common law; the restrictive covenant and the equitable servitude appeared only because of then-current, but now outdated, limitations of easement doctrine. Finally, non-possessory interests satisfying the requirements of covenant real or equitable servitude doctrine will invariably meet the Act’s less demanding requirements as “easements.” Hence, the Act’s easement orientation should not prove prejudicial to instruments drafted as real covenants or equitable servitudes, although the converse would not be true.

• There are both practical and philosophical reasons for not subjecting conservation easements to a public ordering system. The Act has the relatively narrow purpose of sweeping away certain common law impediments which might otherwise undermine the easements’ validity, (emphasis mine), particularly those held in gross. If it is the intention to facilitate private grants that serve the ends of land conservation and historic preservation, moreover, the requirement of public agency approval adds a layer of complexity which may discourage private actions. Organizations and property owners may be reluctant to become involved in the bureaucratic, and sometimes political, process which public agency participation entails. Placing such a requirement in the Act may dissuade a state from enacting it for the reason that the state does not wish to accept the administrative and fiscal responsibilities of such a program.

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Role of Government

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overnment must be an active participant. First, where necessary, it should use its powers, through the exercise of planning and zoning, to regulate subdivision and thus stabilize rural land use.. . . Although private covenants, like those embodied in conservation easements, might theoretically provide stability, the process of negotiating with individual landowners is just too slow to be practical in the real world.. . .Only by permanently retiring the development rights to farmland can true conservation be achieved. Remuneration of landowners – whether in cash or tax reduction or by some other means – is a necessary inducement to this kind of land use restriction. The private conservation community in America recognizes the principle but quite simply lacks the resources to carry it out on the scale necessary to protect a critical mass of farmland.”

Role of Private Partners

“If

government is an essential participant in agricultural conservation, action by the private sector is also necessary. It is axiomatic that in acquiring land, private organizations are quicker to act, freer to structure creative conservation transactions, and in general more flexible and aggressive than government agencies. With enough expertise and venture capital, they can simply reach more landowners and nail down more deals virtually than any bureaucracy. These qualities are perhaps even more important in agricultural conservation than in the preservation of habitat and scenery.” “. . . government agencies turned to land trusts for assistance. Land trusts were not constrained by regulatory procedures and had employees and members who were more familiar with the methods of natural open space protection. As noted by a member of the Alachua Conservation Land Trust of Gainesville, Florida: “Land trusts can operate with less public scrutiny than a government agency. Trusts don’t have to give public notice or hold hearings on their actions” (Thomas 1999, 15). When a private land trust buys land in advance of a government agency’s ability to attain it, then sells the land to that agency, it is called a pre-acquisition. Land trusts are said to “bring 13 agility to projects” (Endicott 1993, 4), because they are able to quickly purchase land by more flexible means, such as at auctions or through installments, than are available to government agencies. Preacquisition enables the land trust to quickly obtain the land, giving the public agency time to raise the funds to purchase the property and perform the necessary public hearings. The land trust assures the government agency that the land will not be sold in the interim. The practice of pre-acquisition also generates direct monetary benefits to the land trust involved. Because of the tax deductions available for individuals who sell or donate land or easements to land trusts, land trusts are able to acquire land or easements at below market prices. When a land trust acquires this land, the organization can then sell the entire property or easements to a government agency at market value, realizing the difference.”

While this is a win-win affair for the government and the Land Trust, it is a lose-lose proposition for the private property owners in America.

But the biggest loss is the abrogation of the Rule Against Perpetuities, thanks to the Uniform Conservation Easement Act. With this, on top of the change in the law for eminent domain (from the Kelo case) making the ‘takings clause’ in the Constitution null and void, the government can take our property any time it wishes.

This article was originally published (in its entirety) on August 7, 2018

by American Policy Center. Kathleen Marquardt has been Vice President of American Policy Center since 2000. She was a contributing writer and researcher for Freedom Advocates. For more information please visit americanpolicy.org.

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New Wood Waste Product: Adhesive

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ewark, DE – Researchers have found a way to break down lignin, the hard, solid part of biomass, and turn it into a pressure sensitive adhesive, reports TheChemicalEngineer.com.

Pressure sensitive adhesives (PSAs) are used in objects such as labels, packaging, sticky notes, and plastic wraps. They are typically made from polymers derived from petrochemicals.

Using the same separation, purification, polymerization, and characterization methods that are used in manufacture of commercial and petroleum-based adhesives, a team of scientists at the Catalysis Center for Energy Innovation (CCEI) and the Delaware Energy Institute is developing an organic, tree-derived alternative.

The researchers are finding that the lignin, the substance that makes wood hard, is a natural polymer. Lignin has similar molecular structure and properties to petroleum-derived polymers such as polystyrene and polymethyl methacrylate, both of which are commonly used as adhesives.

A big advantage is that lignin is the most abundant source of aromatic building blocks in nature and it can be “harvested” without cutting down more trees, the scientists explain. Typically, lignin is discarded in landfills or burned.

For testing, the team has been using lignin sourced from poplar wood. Future work will involve sourcing lignin from other species of wood, they say.

Conventional adhesive tapes often have added tackifiers, which increase adhesion but decrease the lifetime of the materials, but the researchers found that the lignin-based materials gave similar performance to Scotch tape and Fisherbrand tape without any additional formulation or other additives.

Proposed State Regulation Change May Squelch Massachusetts Composter

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orthboro, MA – A 250-acre family farm became one of the first sites to accept large quantities of organic material as a result of Massachusetts’ zero-waste commitment, which restricts organic material in landfill, reports Telegram.com.

The 2014 mandate opened the door for Davidian Brothers Farm to do large-scale composting. Soon after the operation began, hundreds of neighbors registered complaints about noise, foul odors, animals, 18-wheeler traffic and other issues have ensued.

A two-decade-old agricultural exemption that allows farmers to compost produce, manure and other items from their farm to cut down on waste and to reuse the final product to improve the soil. The exemption, however, was not intended for today’s large-scale agricultural composting operations, lawmakers and citizens say.

The Davidian Brothers’ farm business would be impacted by a line item in the Environmental Bond Bill. The state Senate bill would switch the purview of agricultural composting operations from the Massachusetts Department of Agriculture Resources (MDAR), which promotes farming interests, to the state Department of Environmental Protection, which has oversight of all other composting operations.

The eight-acre farm receives large volumes of “vegetative material” from supermarkets, hospitals, schools, hotels and other sources — up to 60 tons (about six dump trucks full) a week - according to the farm’s permit.)

Under current MDAR regulations, composting operations on farms are exempt from local oversight or input, including zoning and land use regulations. DEP requires a site assessment process that includes local oversight. Residents approached their state senator and representative for redress and the line item was inserted into the environmental bill.

Meanwhile, Massachusetts Farm Bureau Federation urged Gov. Charles D. Baker Jr. to veto the line item.

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Climate Alarmists 0 for 2 in Court

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ederal Judge John F. Keenan of U.S. District Court for the Southern District of New York dismissed New York City’s (NYC) lawsuit against five major oil companies intended to force them help pay city’s alleged costs of dealing with climate change.

Keenan’s ruling marked the second defeat in just over a month for municipal governments seeking to use the judiciary to address problems purportedly caused by climate change. The first loss came in San Francisco in June when Judge William H. Alsup of Federal District Court in San Francisco dismissed a similar lawsuit against the same five companies—BP, Chevron, ConocoPhillips, Exxon Mobil, and Royal Dutch Shell—in a case brought by Oakland and San Francisco.

In his 23-page decision dismissing NYC’s lawsuit, Keenan wrote climate change must be addressed by the executive branch and Congress, not by the courts.

Keenan ruled New York’s state and federal common law claims were disallowed under the Clean Air Act, saying it would be “illogical” and violate U.S. Supreme Court precedents to allow the claims under state common law “when courts have found that these matters are areas of federal concern that have been delegated to the executive branch as they require a uniform, national solution … [and] the Clean Air Act displaces the City’s claims seeking damages for past and future domestic greenhouse gas emissions brought under federal common law.”

In addition, Keenan determined NYC’s lawsuit was unjustified because the city itself contributed carbon dioxide emissions and benefited from fossil fuel use.

This article was reprinted (in part) from an article appearing in the July 27, 2018 edition of Climate Change Weekly, a publication of The Heartland Institute. To read this article in its entirety, please visit https://www.heartland.org/news-opinion/ news/climate-alarmists-0-for-2-in-courttime-to-end-the-lawsuit-charade.

Kurtz Brothers Offers Solution to Mixed Waste

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olumbus, OH – Resolving a disagreement between Solid Waste Authority of Central Ohio (SWACO) and Kurtz Brothers Central Ohio LLC hinges on how the waste company handles plastic bags, bottles, rocks and other debris mixed in with yard waste that’s collected from area residences, Dispatch.com reports.

The dispute centers on the mixture of debris and yard waste Kurtz dumped at the county landfill in Jackson Township. SWACO has given the waste contractor 30 days to improve its sorting and dumping practices or face potential legal action.

Under Kurtz’ contract with SWACO, the company may dispose of the garbage at the landfill without being charged so long as construction, recycling and other debris are removed. If the waste is mixed, Kurtz must pay tipping fees. SWACO says that Kurtz dumped truckloads of combined trash and yard waste – about 16,000 tons of debris – over a period of about seven months in late 2016 and early 2017 and did not pay tipping fees.

The county pays Kurtz $15 a ton, up to $1.2 million annually, to collect yard waste, via a contract that ends in 2022, according to a SWACO spokesperson. The contract has been in effect since 2005.

The company reported collections of nearly 98,000 tons of organic materials last year, according to SWACO. Kurtz contends sorting is a big challenge residents are required to use yard waste bags and no machine is capable of picking everything out. The company has offered a solution: using the disputed residual material as an alternative daily cover, placed on top of landfill each day to control trash that has been deposited. If the county is amenable, approval would be required by the Ohio Environmental Protection Agency.

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NY Water Quality Measure Will Impact Compost and Mulch Operations

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ong Island, NY – State-mandated rules for groundwater monitoring at compost and mulch operations are being implemented on Long Island, reports Newsday.com.

The changes, which will impact Long Island facilities where elevated levels of metals such as manganese and iron have been found, come after a two-year study commissioned by state Department of Environmental Conservation. The regulations will become effective in 2019.

This summer, the Suffolk County’s Health Services Department released the long-awaited report that found elevated levels of metals at the Sand Land sand mining operation in Noyack, where mulching and composting operations have been carried out.

Manganese, a metal associated with neurological problems at high levels, was found at more than 100 times drinking water standards, Suffolk said, while iron was around 200 times the standard.

In statement, DEC said: “New technical criteria in the regulations will include groundwater monitoring and/or liners on these sites, as well as detailed engineering requirements for drainage swales, ponds, and infiltration areas used for runoff containment and treatment.” The agency will release a draft of the new regulations in 2019 for public comment and review.

For this year, DEC also has mandated pile size restrictions, temperature monitoring, buffer zones to neighbors and water bodies, and the requirement for groundwater protection plans. DEC is also developing individual assessments of each compost/mulching site on Long Island that will be used to “ensure that the sites control runoff and are in compliance with current regulatory requirements.”

Southern Pine Beetle Control Methods Successful in Alabama

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oulton, AL – Harvesting techniques and weather conditions have slowed the Southern Pine Beetle in Alabama forestry officials have announced, reports DecaturDaily.com.

Although the insect continues to damage trees in the Bankhead National Forest, the infestation has slowed in the past year. Bankhead forestry officials last year saw about 300 spots where the beetle was doing damage. This year’s survey shows that infestation is impacting 25 to 50 areas. The foresters say control methods are working, but more thinning of trees is required.

All pines are susceptible to the Southern Pine Beetle, but loblolly and short leaf are the most susceptible. Once the beetles enter a stand, they kill all of the pines in that stand.

The outbreak in the southeastern United States that lasted from 1999 to 2002 caused more than $1 billion in losses to the timber industry, according to the U.S. Forest Service.

The wet spring of 2017 helped trees gain strength after drought in the fall of 2016. Although the beetles are present, the foresters say, the moisture prevented further environmental stress on the trees. A stressed tree puts off a pheromone, which attracts the beetles. Once a beetle enters a stand, it puts out a pheromone that draws other beetles.

About 210 acres of pine trees had to be cut in 2018, and another 750 acres of the 186,000-acre Bankhead forest in Lawrence and Winston counties are targeted for routine harvesting, according to forestry officials.

While the beetles are less active, and fewer trees are dying, logging can be done and short- or longleaf (pines) may be planted about six months after the area has been harvested.

In 2019, the Forest Service has plans to cut 750 acres of pines.

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New Hampshire Governor Vetoes Biomass Bill

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oncord, NH – In vetoing two bills that would have given a boost to renewable energy, New Hampshire Governor Chris Sununu has demonstrated his support of keeping electricity prices down, reports the Monadnock LedgerTranscript.com.

Senate Bill 365 would have mandated the state contract with biomass plants to purchase energy at 80 percent of the default energy rate. Senate Bill 446, would have expanded the amount of power that can be sold back to the electric grid.

Members of the state’s forestry and logging industry are concerned that the veto will lead to decreased demand for biomass chips.

Sununu referred to the bill as an “immense subsidy” for the biomass plants and said it would impact ratepayers by as much as $25 million a year over the next three years.

New Hampshire Timberland Owners Association told reporters that the impacts from eliminating the state’s biomass energy will force foresters out of business or to stop purchasing or upgrading their equipment. The association’s leader called the governor’s veto a net loss for the state.

In the wake of the governor’s opposition, three of the state’s six biomass power plants have made plans to temporarily stop purchasing wood chips, which they attributed directly to the veto of SB 365, according to reports by the Concord Monitor. They include Bridgewater Power Plant in Ashland, Pinetree Bethlehem and Pinetree Tamworth. A fourth plant, Indeck Energy plant in Alexandria, shut down in April of 2017, leaving only two of the state’s biomass plants fully operational. The plants have reported that they may re-evaluate after September, when the legislature has the opportunity to overturn Sununu’s veto, according to the Concord Monitor.

By August, chipping operations were slowing down as a result of the veto, a situation which sent reverberations beyond business economics to conservation. Companies that do forest management for organizations such as Audubon Society depend on being able to sell the wood chips from cutting low-grade and low-value trees.

Both the senate bills had bipartisan support. In September, lawmakers will have an opportunity to consider holding a vote on whether to overturn the governor’s veto.

Delaware Anaerobic Digester Plans Move Forward

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cean View, DE – Delaware, a leading poultry producer, will recycle an annual 90,000 tons of chicken litter at a new anaerobic processing facility in Sussex County, reports CoastalPoint.com.

Sussex County Council voted unanimously on July 31 to approve a conditional-use application that would allow CleanBay Renewables to construct and operate a renewable-energy facility on 16.71 acres south of Georgetown, Delaware.

The plant will produce 5 megawatts of renewable energy for the region (enough to serve approximately 3,500 homes or 10,000 people), as well as a soil amendment that can be used by local farmers. The application includes a power purchase agreement with Delaware Electric Cooperative (DEC).

To comply with a noise ordinance, the permit restricts truck traffic to the facility once the digester is operating. The plant will create more than 15 new full-time jobs.

Construction on the facility is expected to begin in 2019.

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12 Soil & Mulch Producer News July / August 2018

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July / August 2018 Soil & Mulch Producer News 13

Brighten your world.

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Our decades of colorant experience bring better results to your products. AgriCoatings offers you consistent color matching, coverage, adhesion and weather ability.

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14 Soil & Mulch Producer News July / August 2018

Soil

Oregon Composter Installs Biofilter System to Control Odors

Mulch Producer NEWS

Arthur B. Robinson Center on Climate & Environmental Policy

A

S

herwood, OR – Following years of complaints about the stench of its composting operation, Grimm’s Fuel Company has installed a new-fangled biofilter system The company decided on the system pitched by environmental group Green Mountain, which was hired to investigate the smell. The group presented four odor control options ranging at prices from $1.3 million to $15 million to install.

The biofilter system works by sucking in air and breaking it down the odorous compounds. Although eliminating the smell completely is impossible, the company and its supporters hope that the solution will make a significant difference – one that satisfies local residents.

The facility has a solid waste permit from the Department of Environmental Quality (DEQ) and a license to operate through Portland’s solid waste agency, Metro. Both agencies have said the facility complies with their regulations, even though DEQ records show dozens of complaints about odor and air quality related to Grimm’s.

In March of this year, DEQ told Grimm’s it was out of compliance with its permit, because it didn’t report five fires in 2016 and 2017. DEQ also documented polluted stormwater at the site and found that Grimm’s compost was not tested often enough for oxygen, moisture and temperature.

Then, in May, Tualatin Valley Fire and Rescue told Grimm’s that its compost pile was too high and violated Oregon Fire Code. According to the Fire Marshal for Tualatin Valley Fire and Rescue, the fire department allowed Grimm’s to have the large pile because it had existed before regulations changed and thus, was “grandfathered.” The company has until May 2019 to reduce the compost pile to 25 feet in height.

&

The center is named in honor of, and chaired by, Arthur B. Robinson, Ph.D., a distinguished chemist, cofounder of the Oregon Institute of Science and Medicine (OISM), and editor of the influential newsletter Access to Energy.

“The Heartland Institute has published the work of many excellent scientists ... [and] has taken the fight right to the enemy with aggressive and highly effective campaigns aimed at elected officials and civic and business leaders.”

t the Arthur B. Robinson Center on Climate and Environmental Policy at The Heartland Institute, we are producing the research and conducting the effective advocacy needed to help restore sound science and common sense to efforts to protect the environment.

The Center promotes pro-energy, proenvironment, and pro-jobs policies based on sound science and economics, not alarmism or ideology.

Through events, publications, social media, and government relations programs we have changed public opinion on climate change and other environmental topics. We have changed public policy not only in the United States but in other countries as well.

In 2017 and onward, we are focusing on winning the global warming war and repealing bad legislation and regulations adopted during the height of the global warming scare.

With your help, we can win the global warming war. Please contact us at 312/377-4000 or www.think@.heartland.org think@heartland.org, or visit our website at www.heartland.org/Center-Climate-Environment heartland.org/Center-Climate-Environment.

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FREEDOM RISING

Arthur B. Robinson, Ph.D. April 2017

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FREEDOM RISING

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FREEDOM RISING

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Join Us in South Carolina’s “Low Country”

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FREEDOM RISING

Charleston Mulch & Soil Council 2018 Annual Meeting October 2 - 4 The Mills House Wyndham Grand Hotel Charleston, SC For more information, go to mulchandsoilcouncil.org/meetings.php www.mulchandsoilcouncil.org/meetings.php

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for the 47th Annual Mulch and Soil Council Meeting Covering topics for everyone from owners and plant managers to account and marketing managers to industry suppliers.

This year’s meeting topics will include: • Trucking & Transportation • Fire Study Results • The “Crow Report” - Political Update • Work Place Culture Shift • Plant Safety

Keynote Speaker: Dr. Lowell Catlett “Seeing Around the Corner, The Mega Trends That Change Everything!”

July / August 2018 Soil & Mulch Producer News 15

Soil

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Mulch Producer NEWS

Waste Wood Glut in Germany Did Not Raise Prices Very Much

W

aste wood supplies were relatively tight on the German market until June, but that situation changed as the summer has progressed. Hot, dry weather and tight waste wood recovery capacities in certain parts of Germany contributed to high volumes, according the EUWID market report.

The oversupply situation was much more moderate in the northern and eastern regions of Germany, the EUWID analysts emphasized. This summer’s extremely dry weather raised the cost of processing waste wood because of the need to make greater efforts to control dust.

What’s more, since the same volume of wood weighed less, transport costs rose in relative terms.

Expansion of Germany’s highway tolls was another factor having an impact on higher costs.

EUWID Recycling and Waste Management on 8 August 2018. Access the report at: https:// www.euwid-recycling.com/markets.html.

Detroit Zoo Builds Anaerobic Digester

D

etroit, MI – North America’s first anaerobic digester is operating at Detroit Zoo, thanks to forward thinking zoo officials and Michigan State University researchers, reports Feedstuffs. com.

The digester, which processes up to 500 tons of zoo animal waste and food waste a year, creates enough electricity to power Detroit Zoo’s Ruth Roby Glancy Animal Health Complex, the onsite animal hospital which operates at 100-150 kW per hour.

The system was designed to turn more than 400 tons of animal manure into methane gas, which in turn is converted into electricity. The organic byproduct of the compost operation is used in landscaping throughout the Zoo’s 125 acres, as well as donated to community gardens.

Michigan State is recognized internationally for its experience and expertise in anaerobic digester research and development.

16 Soil & Mulch Producer News July / August 2018

Scientists Explore Making Automotive Tires From Wood

M

ichelin is aiming to have wood-based tires on the market by 2020, according to a MotorAuthority.com article.

The French tire maker has committed to making sustainable tires in the future and has been experimenting with elastomers made from wood chips, a material they say would replace petroleum-derivatives.

Today, 80 percent of materials found in tires come from oil. In the future, that percentage will drop to 20 percent by 2048, Michelin officials contend. Rubber, which is derived from plants and is also sustainable, will be included in the tire composition.

In addition, the company is investigating the role of 3D printing of tires. In the future, a car owner would not have to purchase new tires as tread wears down. Michelin officials predict an electric car charging station that would include a 3D printer station to “recharge” tire tread.

Although the 3D-printed tires are further down the line, 15 years at minimum, according to a company spokesperson, Michelin hopes to show its first tire made from wood in less than two years.

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Soil

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Mulch Producer NEWS

ASSOCIATION NEWS Mulch & Soil Council Releases Transportation Committee Report

By Robert LaGasse

R

ecently we reported on the MSC Transportation Committee’s Washington, DC, Fly-in to lobby for our industry’s trucking needs. During that visit, the committee hired special legal counsel Richard Schweitzer (Richard P. Schweitzer, P.L.L.C, Washington, DC), an expert in U.S. transportation issues, to draft a petition to the Federal Motor Carrier Safety Administration (FMSCSA) to exempt mulch & soil industry products from the HOS, ELD and 30-minute break regulations defined under 49 CFR §395.

Section 395 states that: • the maximum on-duty time for a driver is 14 hours during which • he/she can drive a maximum of 11 hours provided • at least one 30-minute break (off duty or in-berth) occurs every 8 hours.

• After 14 HOS, the driver must be off duty for 10 consecutive hours before returning to on-duty status.

• The driver cannot be on duty for more than 60 hours in 7 days or 70 hours in 8 days without a 34 consecutive hour off-duty “reset” time.

• And as of April 1, 2018, each commercial vehicle newer than model year 2000 must have an electronic logging device.

There are some exceptions to §395 which include the Short Haul Rule (49 CFR §395.1(e)): • Drivers operating less than 100 air lines (115 statute miles) from their point of origin may be on duty for 12 HOS before returning to their point of origin followed by 10 consecutive hours off-duty.

• During their 12-hour HOS, they may drive for 10 hours.

• They do not need to log their HOS or maintain an ELD. The short haul rule may be useful to businesses operating in a small area, but the Transportation Committee felt it was too restrictive to be useful since 60% of members report their shipments are up to 150 air miles.

Subsequent to the MSC Fly-in, the FMCSA issued a clarification and regulatory guidance regarding Agricultural Commodities (49 CFR §395(1)(k)).

According to Richard Schweitzer, the guidance said: • Carriers (common or private) operating within 150 air miles (176 statute miles) who are carrying agricultural commodities are exempt from 49 CFR §395. o The exemption is limited to the “growing season” definition in each state but all but 17 are essentially 12 months. o No HOS regulations apply within the 150 mile radius of the shipment origin. o No ELD is required within the 150 mile radius of the shipment origin. o No rest break requirement applies within the 150 mile radius of the shipment origin.

• Agricultural Commodity shipments extending beyond the 150 air mile radius from the shipment origin:

o Must comply with §395 from the point they go beyond the 150 air mile zone to the time they return to the 150 air mile zone by:  Turning on their ELD,  Starting the HOS clock,  Taking a 30-minute break at least once every 8 hours, and  Limiting driving to 11 hours.

That means, as Agricultural Commodities, 60% of mulch & soil industry shipments would be completely exempt from 49 CFR §395, and the remaining 40% would be exempt for the first 150 air miles (176 statute miles) adding at least 2-3 hours (plus all wait time for loading) to the HOS of a shipment over 150 air miles from the point of origin.

Under Rulings 107 and 119 of the Interstate Commerce Commission (ICC, circa 1958-1960s) bark in bulk or packaged form was listed as an agricultural commodity. Except for manures, soil products were not listed as agricultural commodities. During our Capitol Fly-in, we were told by FMCSA representatives on several occasions that Rulings 107 and 119 no longer applied after ICC was restructured into the Department of Transportation (DOT) in the 1970s.

Presently, there is no detailed definition of an Agricultural Commodity. While special counsel Richard Schweitzer was engaged to draft a petition to exempt mulch & soil from (49 CFR §395) regulations, the new FMCSA guidance for agricultural commodities does exactly what we want to achieve, and Richard advised the Transportation Committee to abandon an effort to request a regulatory exemption and, instead, seek a more simple “clarification” that “Horticultural Products” (including mulch & soil products) are officially Agricultural Commodities.

We chose the broader term “horticultural products” because we all have highly compressed sales seasons and perishable product issues and there is already proposed legislation to include horticultural products as agricultural commodities. Also, legislation and regulatory exemptions travel a difficult and sometimes tortured path through regulatory agencies. A simple request for a definitional clarification should be less difficult and more appealing to an agency like DOT/ FMCSA that is under bombardment for changes to both ELD and HOS regulations.

On behalf of the MSC membership, the Council’s Transportation Committee has proceeded with special counsel’s recommendation to submit a request for a definitional clarification of agricultural commodities to include horticultural products to FMCSA. Additionally, the Transportation Committee will send a copy of the request to every congressional office we visited, requesting that they submit a letter of support to encourage FMCSA to act quickly to approve the clarification.

This is a great example of how the Mulch & Soil Council can help coordinate and focus the resources of the industry and our membership to make effective and positive changes in our business world. We appreciate the dedication and hard work of the members of the MSC Transportation Committee to benefit the entire membership.

July / August 2018 Soil & Mulch Producer News 19

Soil

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Mulch Producer NEWS

Debate Continues Over Thinning California’s Dense Forests

S

acramento, CA – As the devastating Carr fire scorched land and homes in northern California this summer, Gov. Jerry Brown and environmentalists, timber companies and lawmakers debated solutions to wildfire threat in the state, reports a CNBC.com article.

Top considerations include planned burnings and a return to selective thinning.

Of a total 33 million acres of forests, about 57 percent are government owned. Families, individuals, companies or Native American tribes own about 40 percent, while local, state and land trusts own the remainder.

The U.S. Forest Service estimates that

California’s Sierra region is most vulnerable, with more than 100 million dead trees mostly killed by insects and drought. In addition, stakeholders tend to agree that forest density is a big problem. According to the California Forestry Association, tree density in the Sierra Nevada is high above historical rates for the region, creating an elevated fire hazard. The Forestry Association estimates an average hundreds of trees per acre compared to 40 trees per acre about 150 years ago. Large tree growth, along with a history of fire suppression and reduced timber activity have created an unnatural setting of continuous fuels. In

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addition, too many trees are competing for water during droughts, an association representative told CNBC. California’s timber laws are considered the most stringent in the nation. Yet the solution proposed by both foresters and politicians is logging and producing chips for biomass energy.

This would help revive poor areas of the state, they believe. California law may be helpful in this regard since it requires investor-owned utilities to buy biomass power from dead trees in highhazard forested zones.

Meanwhile, environmental groups, such as Sierra Club California, agree with selective logging and reforestation. Done carefully, the solution can work, a Sierra Club representative told CNBC, warning that avoiding ecosystem disruption, maintaining natural diversity and using practices that will prevent future fires all would be imperative.

Black Hills Logging Project Wins Approval

R

apid City, SD – The U.S. Forest Service has given the official go ahead for the Black Hills Resilient Landscapes Project to move forward despite objections of conservationists, reports RapidCityJournal.com.

The Black Hills, in western South Dakota and northeastern Wyoming, consists of 1.2 million acres of forested hills and mountains, approximately 110 miles long and 70 miles wide. Under the Landscapes Project, about 620 of the total 1,900 square miles of forest area is to be logged, primarily to remove millions of trees killed by the 1996-2016 mountain pine beetle epidemic, but also to accomplish some other goals.

The Norbeck Society, a local nonprofit conservation organization and critic of the plan, warns that the Landscapes Project will result in overlogging (the maximum 10-year annual sale quantity of sawtimber from Black Hills is 18.1 million cubic feet). The group also says the project will prevent the Black Hills forest from recovering from both the logging and the beetle devastation, but the Forest Service notes that Black Hills’ negative net-growth trend will “likely reverse as mountain pine beetle activity decreases.”

The Landscapes Project proposal has been under review by the Forest Service since 2016 and has undergone a number of changes influenced by public input. The Project is intended to reduce the amount of vegetative material that could fuel wildfires; diversify the ages, sizes, densities and shapes of pine-tree stands; encourage the growth of non-pine species such as aspen, stop tree encroachment on grasslands; and improve and build roads in the forest.

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July / August 2018 Soil & Mulch Producer News 21

ADVERTISER NEWS Bandit Industries to go 100 Percent Employee Owned

B

andit Industries owners Mike Morey Sr., Dianne Morey and Jerry Morey recently announced they would sell 100 percent of the company to their employees in an employee stock ownership plan (ESOP). Under the ESOP, Bandit will retain its current leadership and key management personnel will remain in place. It will also allow Bandit to always remain Bandit.

The announcement comes after two previous attempts to sell Bandit Industries – once to another manufacturer and once to a private investment firm. “We realized neither was a good fit for Bandit, so we made the decision to sell to our trusted employees,” said Dianne Morey.

“It will be fun to watch our crew take it to the next level,” said Mike Morey, who developed the very first Bandit chipper in 1983 and founded Bandit Industries.

Bandit is growing rapidly with 20% growth per year with two plant expansions currently underway and several new products being introduced later this year.

Intermountain Bobcat in Utah Joins Bandit’s Dealer Network

U

tah-based Intermountain Bobcat with locations in Salt Lake City, Ogden and Orem has joined Bandit’s growing network of authorized dealers. The three locations will offer sales, service and parts on all Bandit hand-fed chippers, stump grinders and skid-steer attachments.

“Our customers in Utah already know about Intermountain Bobcat’s solid reputation and commitment to service,” said Bandit Sales Manager Jason Morey. “Their joining Bandit’s dealer network is a great opportunity for Bandit, Intermountain Bobcat and our shared customers in Utah.”

Intermountain Bobcat is a division of the Scott Intermountain Companies, which has been involved in the construction equipment business since 1968. In 1995, the company acquired Intermountain Bobcat and operates it today.

CBI & Ecotec Announce 2018 Factory Forum Oct. 2-4

T

he CBI & Ecotec Factory Forum is an event held annually in New Hampshire. Industry professionals from the forestry, logging, composting, recycling, wood processing, and land clearing sectors are invited to attend the event. Current customers, service techs, and members of the CBI & Ecotec distribution network are encouraged to attend hands-on workshops and speak directly with the engineers who design the equipment.

Mulch producers interested in CBI equipment can view live machine demos, attend technical workshops, industry presentations, awards, an authentic New England dinner, a night out in historic Portsmouth, enjoy New Hampshire’s world class foliage, and live entertainment at this year’s Factory Forum.

New in 2018, CBI will honor a select few who demonstrate outstanding service to our products and industry at the first ever Golden Grizzlies Recognition Event.

For registration information, please visit cbifactoryforum.com or contact Joe Gallagher at 603-257-1276.

Product/Equipment Profiles WSM Cost-Effective Organics Processing Systems

Earth & Turf Announces New Dump Cart & Fork Attachments

rocess high volumes of material into high quality feedstock for compost, conversion systems, soil amendments, biogas, or biofuels with W S M ’s c o s t e f f e c t i v e , stationary Organics Processing Systems that are sized to process 50-500 cubic yards per hour.

A typical system starts with WSM’s Chain Metering Bin with loading hopper for bulk loading and metered feed to the severe-duty Titan Trommel Screen. This ultimate screening machine sets the industry standard with high capacity, multiple screening zones, and low maintenance and operating costs. Complete the system by grinding and re-screening overs.

Cleaning is available with WSM Light Fraction Separator for removal of plastics and light fractions before and/or after WSM’s massive Titan Vertical and Horizontal feed electric Grinders. These field proven Grinders eliminate costly diesel engines while processing materials at rates ranging from 50 to 500 cubic yards per hour.

WSM can supply all conveyors, metal separation, support structures, maintenance platforms, walkways and stairs, and sorting/picking stations.

System integration and project management deliver fully functioning systems with reduced operating and maintenance costs, improved uptime, and outstanding production.

arth & Turf Products, LLC, recently announced a new 3-Point Dump Cart for compact tractors that fits category I 3-point hitches. The Earth & Turf Dump Cart has box dimensions of 42 inches Wide, 31 inches long, and 11 inches Deep.

Its Overall Height to the Top Link Connection is 24 inches. Capacity is 8.75 Cubic Feet, and its Weight (Empty) is 125 Lbs. The Dump Cart moves on 3-inch caster wheels. The cart has a weight capacity of 800 lbs. And can be moved easily on smooth surfaces either empty or with a load.

Earth & Turf also offers high-quality forks to fit the Category I 3-point hitches of compact tractors. These unique forks give any tractor additional versatility. Their design makes them especially easy to install and to remove, and the tines are attached by lynch pins so they are both completely removable and can pivot upward for space-saving storage.

Two design features of these forks make them an exceptionally good value package: • The upper link is provided with a hook for use as a sturdy log hitch.

• A receiver built into the frame makes it easy to install a ball hitch for towing when the forks are removed.

For more information contact WSM at 866-253-1082 or info@westsalem.com or visit www.westsalem.com.

For more information call 888-693-2638 or visit www.earthandturfattachments.com.

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22 Soil & Mulch Producer News July / August 2018

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July / August 2018 Soil & Mulch Producer News 23

www.SoilandMulchProducerNews.com

VOL. XII NO. 4

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JUL / AUG 2018

Inside This Issue Conservation Easements and Land Trusts, the Ultimate Faustian Marriage PAGE 1 Climate Alarmists 0 for 2 in Court PAGE 8 Southern Pine Beetle Control Methods Successful in Alabama PAGE 10 Scientists Explore Making Automotive Tires From Wood PAGE 16 Debate Continues Over Thinning California’s Dense Forests PAGE 20 Product / Equipment Profiles PAGE 22

www.amerimulch.com info@amerimulch.com