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Vol. VII No. 5

September / October 2013

Serving Soil, Mulch, Compost, & Biofuel Professionals www.SoilandMulchProducerNews.com

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Compost, Mulch Sales Tax Prompts Battle in Vermont

By P.J. Heller

ertilizers and pesticides are in. Compost and mulch are out. At least that’s the case when it comes to sales tax exemptions for agricultural products in Vermont, a situation which has left compost and mulch producers in a quandary with at least one mulch producer facing a back tax bill of more than $400,000 -- which could force him out of business -- and a compost manufacturer with a back tax bill of $116,000. The tax situation is “clearly a discriminatory tax against organic practice,” says Karl Hammer, owner of Vermont Composting Co., in Montpelier. “For most people, it’s pretty clear that since farmers do not pay tax on fertilizer in Vermont or any inputs that go into the production of crops, to tax them when they buy compost and potting soil made with compost . . . is clearly a discriminatory tax against organic practice,” he says. “If we are going to ‘walk the talk’ of caring for the planet, we should be doing everything we can to increase the use of compost products, including not taxing it,” adds Paul Sagui, director of the Composting Association of Vermont (CAV). Hammer earlier this year appealed a back tax bill of some $116,000 from the state, which

contends he failed to collect and pay the 6 percent sales tax on compost sales from 2009, 2010 and 2011. He has not received a tax bill for 2012 or 2013. He founded the business in 1992. Kevin Barrup, co-owner of Green Mountain Mulch in Derby, Vt., has been hit with a tax bill, including penalties and interest, of $409,344.15 for the years 2010 through 2012. The business has been in operation since 1978. Hammer and Barrup tell similar stories. They both admit they never collected the sales tax, saying they had been advised earlier by tax officials that their products were exempt from the tax. “The problem is everybody who calls gets different answers,” Barrup says. “There’s no rhyme or reason to what they’re doing and there’s no common sense to it either.” When asked specifically about compost, Jeffrey M. Dooley, lead tax policy analyst for the Vermont Department of Taxes, says “compost has never been exempt” from state sales tax. The state in 2009 clarified what items used in agricultural production were tax exempt. Compost and mulch were not included on the list. According to the 2010 Vermont Sales Tax and Continued on page 3

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Compost, Mulch Sales Tax Prompts Battle in Vermont

Continued from page 1

PUBLICATION STAFF Publisher / Editor Rick Downing Contributing Editors / Writers P.J. Hellers Jeff Mulhollem Sandy Woodthorpe Production & Layout Barb Fontanelle Christine Pavelka 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. Soil & Mulch Producer News is published quarterly by Downing & A s s o c i a t e s. Re p r o d u c t i o n s or transmission of Soil & Mulch Producer News, in whole or in part, without written permission of the publisher is prohibited. Annual subscription rate U.S. is $19.95. Outside of the U.S. add $10.00 ($29.95). ontact our main office, or mail-in the subscription form with payment. ©

Use Regulations, agricultural supplies exempted and purchases compost from Vermont Compost Co. Barrup is hopeful that the bill will be amended included agriculture feeds, seed, plants, baler to include mulch. twine, silage bags, liming materials, breeding and Part of the driving force behind the measure, other livestock, agriculture chemicals other than according to both Stevens and Hammer, is a pesticides, veterinary supplies, and bedding. comprehensive solid waste bill passed in 2012 It notes that “the sale of disposable loose by the Legislature which calls for the 100 percent materials, including straw, shavings, sawdust, removal of organics from the waste stream by 2020. leaves, and shredded paper for use where livestock “Compost, obviously, is going to be a may lie . . . is exempt from the tax as the huge part of that solution and sale of ‘bedding.’” However, achieving that goal,” Stevens “potting soil, rocks, sand, gravel, “There’s no category says. “In some ways, we feel on compost, landscape mulch or that it [compost] falls the Ag Committee that a case similar materials for use in plant into. It’s not a fertilizer could be made that one way to beds are not ‘bedding’ within the meaning of the statute and are not or a pesticide. They do incentivize compost production is to exempt it.” exempt from the tax.” exempt animal bedding and use Bob Spencer, an Exemptions for fertilizers but not bedding for environmental planning and pesticides are use-based, flowers or crops. If you consultant and vice president of meaning they are exempt the CAV, agrees. from sales tax when “used look at the categories, Spencer says it is and consumed directly in the there’s really no category counterproductive for the state to production for sale of tangible that compost would meet impose the sales tax on compost personal property on farms.” at the same time it is under a the definition of.” Agricultural supplies other legislative mandate to divert food than those specifically mentioned scraps from landfills. in the regulations, “are taxable unless otherwise “The Vermont agricultural and environmental exempted by law, even if used in agriculture,” the agencies both look to farms to provide a significant state says. portion of new composting capacity, so to Hammer and Barrup both say it would have impose a tax on the product, which will require been nice if tax officials had notified compost additional record keeping, is again somewhat and mulch manufacturers about the clarifications. counterproductive to the goals and mandates of Dooley says there was no need since those items diverting organic materials from disposal,” he says. were never on any tax exemption list and their The composting association recently voted to status was unchanged. support the sales tax exemption on all compost. “There’s no category that it [compost] falls “CAV supports the exemption given the into,” Dooley says. “It’s not a fertilizer or a tremendous environmental benefits from using pesticide. They do exempt animal bedding but not compost products and from keeping organic bedding for flowers or crops. If you look at the materials out of the landfill,” Sagui says. categories, there’s really no category that compost He says the CAV is drafting a position paper would meet the definition of.” and identifying organizations that have an interest That could change next year if a bill introduced in the measure. CAV members are expected to by state Rep. Will Stevens is passed in the testify in support of the bill. Legislature. “We also see the exemption as a food justice Stevens, a ranking member on the House issue aligned with Vermont’s existing policy to Agriculture Committee, says adding compost to increase the amount of food grown in Vermont for the list of tax exempt items is a “fairness issue; it’s Vermonters,” Sagui says. “As it is now, a person a consistency issue.” does not pay tax on a tomato, or on a tomato plant, The tax department, he says, wasn’t clear but they are charged sales tax on compost to grow during hearings on why compost wasn’t exempted the tomato plant and produce their own tomatoes.” from the sales and use tax. Dooley counters that Hammer calls the process an “underground tax.” the decision of what to exempt was made by the Both he and Stevens argue that taxing compost Legislature. used in agricultural production violates the state’s Under Stevens’ proposed bill, all sales of policy against taxing food. compost – not just for agricultural use – would be Both men also contend that taxing the sale tax exempt. of compost when used to grow ornamental plants “We’re proposing through our bill that we results in double taxation, since those plants are broaden the exemption to not just include ag taxed when sold at retail. The same would apply production, which it doesn’t now, but to say as a if a tax was applied to the seeds or the container, matter policy that we want people to use compost they say. and we’re going to incentivize it through essentially “If the tax department assesses a tax on one of a 6 percent discount through the exemption of the the components, the potting soil or the seed, they’re sales and use tax,” says Stevens, who runs Golden Russet Farms, a small organic farm in Shoreham, Continued on page 21 September / October 2013 Soil & Mulch Producer News

Soil

Mulch Producer NEWS Steam rises from heat generated during initial steps of composting ingredients to make mushroom-growing substrate. Penn State research has shown the process kills pathogens. Photo courtesy of the American Mushroom Institute.

Research Minimizes Effects of Federal Produce Standards on Mushroom Industry

By Jeff Mulhollem

Mushroom Institute and Penn State’s Department of Food Science, niversity park, Pa—Strict requirements on the use of animal said LaBorde. manures in fresh produce production imposed by the new Among MGAP core principles is a guideline calling for careful federal food-safety law threatened to adversely impact the management in the use of animal products in substrate, casing or supplement mushroom industry, which relies on horse and poultry manure preparation in order to minimize the potential for microbial contamination for a specialized growth substrate. of mushrooms. But a new study shows that heat generated during the traditional “Perhaps at the top of the list of FDA’s farm food-safety issues composting process -- originally developed to kill insect and fungal is the use of raw and composted animal manures for conditioning and pests of mushrooms -- is adequate for eliminating human pathogens that providing nutrients to agricultural soils,” he said. “Animal manure is a might be present, according to researchers in Penn State’s College of likely source of many human pathogens, and crop contamination with Agricultural Sciences. animal feces has been linked to foodborne outbreaks. The Produce Safety As a result of those findings, which were published in a recent issue Standards propose to establish a nine-month interval between application of the Journal of Food Protection, there will be no restrictions on the of raw manure and harvesting.” mushroom industry composting process, noted co-author Luke LaBorde, Any composting treatment that claims to reduce levels of human associate professor of food science and Penn State Extension specialist in pathogens must be a scientifically valid, controlled, physical and/or farm food safety. chemical process or composting process that meets or exceeds specific LaBorde called the Food Safety Modernization Act the most sweeping microbial standards. Microbial limits for compost are linked to criteria reform of U.S. food safety laws in more than 70 years. on whether it can contact the crop and the amount of time between the “The intent of the law is to change the way we as a country ensure the treatment and harvesting. safety of our food supply,” he said. “Instead of responding to an occurrence “The draft rule states that compost suppliers will be required to of contamination or an outbreak of foodborne illness, food industries document that microbial standards are achieved,” LaBorde said. “Onnow are challenged to be proactive in recognizing potential food-safety farm composters will be required to document that time and temperature hazards in their operations and establishing control measures to prevent conditions for a validated process are consistently achieved.” them from occurring.” There are no known cases of foodborne illness attributed to consumption The complexity of this shift in thinking is evident in the timing of of fresh mushrooms grown in North America, LaBorde stressed. Therefore, the rulemaking process, LaBorde explained. The act was signed into law it is likely that industry use of horse and poultry manures in mushroom by President Barack Obama on Jan. 4, 2011, but took two years for the growth-substrate formulations is safe. U.S. Food and Drug Administration to begin releasing draft rules for “However, absence of evidence is not evidence of absence, and FDA’s public comment. new regulatory approach will require the mushroom industry to provide “Although each of the regulations that will come out of the food scientific evidence that commercial composting is capable of eliminating safety act may affect the mushroom industry,” he said, “the proposed rule, human pathogens in raw manures,” he said. “Our research provides ‘Standards for the Growing, Harvesting, Packing, and Holding of Produce some answers on the issue of the fate of human for Human Consumption,’ also known as Produce pathogens in mushroom growth substrate during Safety Standards, will have the most direct impact phase II composting.” on mushroom farmers.” Other Penn State researchers participating The Produce Safety Standards rule includes in the study were Jennifer Weil, who received her requirements for controlling potential food safety master’s degree in food science; Catherine Cutter, hazards in areas where contamination is most likely professor of food science; and Robert Beelman, to occur. These include crop-contact water use for professor emeritus of food science. The study is irrigation and other agricultural purposes; farmavailable online at http://psu.ag/1bBevBY. worker hygiene; sanitation conditions affecting buildings, equipment and tools; and use of soil This article was originally published on September supplements containing animal manure. 20, 2013 in Penn State News (http://news.psu. FDA’s preventative approach for ensuring the safety of produce is closely aligned with that of the The heat generated during the traditional edu/story/288555/2013/09/20/research/researchMushroom Good Agricultural Practices program composting process is adequate for eliminating minimizes-effects-federal-produce-standards-- also called MGAP -- a set of voluntary farm human pathogens. Photo courtesy of the mushroom). Reprinted with permission. food-safety standards developed by the American American Mushroom Institute.

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DIY Herbicide-Contaminated Compost Test Works

olumbia, Mo—Planting green bean seeds in compost or mulch can reveal whether the material is contaminated with herbicides, according to the University of Missouri Extension. “The culprit can be one of any three herbicides which have been approved for use on pastures and forage crops,” said David Trinklein, University of Missouri Extension horticulture specialist. Newer versions of herbicides with active ingredients such as clopyralid, picloram and aminopyralid can pass through the digestive systems of foraging animals and arrive, unchanged, in the manure. If that manure is composted, gardeners could unwittingly introduce these plant-killing compounds into their soil, Trinklein said. Testing compost for herbicides is expensive – costing between $300 and $400 per chemical. The good news is there’s a simple and inexpensive way to test for these compounds. Take green bean seeds and plant them into the compost. “Green beans are very sensitive to herbicide,” Trinklein said. “If the seedlings come up okay, the compost is good. If they come up twisted and damaged, allow the compost to age until the herbicide is broken down.” Although soil microbes can break down herbicides naturally, the newgeneration herbicides have lengthy halflives of months to years. “These herbicides, ultimately, will break down, but it might take a couple of years, depending on the concentration,” Trinklein said. “We would hope that in most cases we could plant the following year, but one may want to avoid herbicide-sensitive plants, such as tomato.” Trinklein suggests gardeners find out whether the compost supplier they select has used animal manure, and if so, make sure the animals have not been fed forages sprayed with any one of the new generation of herbicides.

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Boreal Forest Agreement Complicated

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innipeg, Canada—The three-year-old Canadian Boreal Forest Agreement, barely in force long enough to show results, is already at a crossroads, according to an article on Winnipeg.CTVNews.ca. The 2010 agreement was lauded early on as an example of cooperation between seven environmental groups and 19 forestry companies. Now, all sides have said they want to hit the “reset” button because few tangible results have been achieved, two environmental groups (Greenpeace and Canopy) walked away from negotiations with one of the companies, Resolute Forest Products. The remaining signatories, including Canadian Parks and Wilderness Society (CPWS), continued working together through the summer on a series of agreements, priorities and milestones they say will be ready in the coming months. Ontario has yet to sign off on an agreement already approved by local communities in the northeast part of the province. The proposal protects over 800,000 hectares of forest while increasing harvestable timber by 20 percent, thus protecting local mills. CPWS, executive director, Janet Sumner says that a satisfactory agreement has yet to be reached on the vast, top priority “phase one” forest areas in Quebec and Ontario, but talks related to forests in Newfoundland, Manitoba, Saskatchewan, Alberta are “really starting to bear some fruit.” Canada is home to about a third of the world’s boreal forest. Cooperation between environmentalists and loggers is seen as a potential model for other natural resource sectors, including oil and gas. Using scientific modeling, the groups try to map out agreements that can balance conserving habitat, such as for woodland caribou, with conserving jobs and communities.

Logging and Increased Carbon Emissions – Dartmouth Study Shows Role

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anover, NH — Logging activities may release large amounts of carbon stored in deep forest soils, according to an article on ScienceDaily.com citing a paper published in Global Change Biology-Bioenergy. A study conducted by Dartmouth College that was led by Andrew Friedland shows that logging is playing a role in carbon emissions, particularly where clear-cutting and other intensive forest management practices are carried out. Deep soil (between 10 and 30 cm below the ground) has levels of carbon that have not been considered before in calculating increases in greenhouse gases. The study suggests that the release of carbon from logging is significant. “Our paper suggests that increased reliance on wood may have the unintended effect of increasing the transfer of carbon from the mineral soil to the atmosphere. So the intended goal of reducing carbon in the atmosphere may not be met,” Professor Friedland says. Woody biomass, which makes up about 75 percent of global biofuel production, is one of the renewable energy sources favored by the U.S. federal government. The Dartmouth research indicates mineral soil carbon responses can vary highly depending on harvesting intensity, surface disturbance and soil type. An Australian study draws some similar conclusions about deep soil carbon emissions and suggests developing ways to increase carbon levels. “Our findings suggest that these layers could theoretically store twice as much carbon as they are currently. We need to investigate management practices that can increase the amount of carbon stored in soil at this depth,” said Professor Daniel Murphy. Murphy’s research is funded by the Australian Government’s Climate Change Research Program and the Grains Research and Development Corporation.

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Crop Rotation Encourages Soil Bio-diversity

orwich, England—Change soil microbes and you can boost crop productivity, according to a paper published in Nature’s The ISME Journal. “Changing the crop species massively changes the content of microbes in the soil, which in turn helps the plant to acquire nutrients, regulate growth and protect itself against pests and diseases, boosting yield,” said Professor Philip Poole from the John Innes Centre. Professor Poole led an experiment that compared samplings of soils taken from the same field in Norwich. After growing wheat, oats and peas, the scientists analyzed DNA to identify bacteria, fungi and protozoa. After growing wheat, the soil composition remained largely unchanged and the microbes in it were mostly bacteria. However, after growing oat and pea in the same sample, the scientists saw a striking proliferation of protozoa and nematode worms. Soil grown with peas became enriched enough to support fungi. “The soil around the roots was similar before and after growing wheat, but peas and oats re-set of the diversity of microbes,” said Professor Poole. Using a tedious, but highly effective methodology, the scientists were able to observe whole communities of microbes. What they saw was a shift from one type to another after rotating the crops. Every gram of soil contains over 50,000 species of bacteria so their work was quite involved. With the capability to sequence RNA across kingdoms, the scientists were able to take a virtual snapshot of the active bacteria, fungi, protozoa and other microbes in the soil after crop rotation. The research was carried out in collaboration with the University of East Anglia and The Genome Analysis Centre on Norwich Research Park. “Our work helps explain the experience of farmers in the field,” said Professor Poole. “While continued planting of one species in monoculture pulls the soil in one direction, rotating to a different one benefits soil health.” The researchers believe that the study findings support the development of plant varieties that encourage beneficial microbes in the soil. The John Innes Centre scientists have begun investigating the possibility of engineering cereal crops that can associate with the nitrogen-fixing bacteria normally associated with peas.

California Desert Compost Facility Expansion Meets Resistance

oachella, CA—Local government officials and real estate developers are upset over the planned expansion of Coachella Valley Compost facility, according to an article on MyDesert.com. The proposed expansion would raise the site’s maximum daily grease allowance from 12,500 to 55,000 gallons. Slowly decomposing grease at the Cal Bio-Mass-run compost facility in Thermal caused a virtual storm of odor complaints that prompted Riverside County Waste Management District to shut it down in August. That same month, the District approved a permit change by Burrtec Waste Industries, to ramp up the composting operation, but locate it further east. The expansion includes a seven-day-a-week schedule, increasing the maximum daily tonnage of organic waste from 250 tons to 785 tons, adding 367 permitted vehicles and expanding to five acres. Waste, including animal manure, would be accepted starting around January 2014. The current composting site accepts green waste, food waste, construction wood and palm fronds.

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U of Cincinnati Starts Composting Program

incinnati, OH—The University of Cincinnati Foodservice department has announced an ambitious goal – to divert 100% of its waste from going to the landfill, according to an article on FoodServiceDirector.com. The school’s main dining center, MarketPointe, has begun a pilot composting program supported by a grant from the Ohio Environmental Protection Agency. The MarketPointe food service operation generates nearly two tons of waste each week. Now that waste will be going to an off-campus composting facility instead of to the landfill. UC received a $15,000 grant from the Ohio EPA through the Hamilton County Solid Waste & Recycling District last spring. The money was used to purchase necessary capital improvements: storage carts, compostable bags and flatware, and interpretive signage. Facilities Management provided a $10,000 match for an appropriate refrigeration unit to accommodate food waste storage. MarketPointe primarily serves 1,130 students. Behind the scenes, dining center employees will place all food waste – whether scraps from food preparation or uneaten items off dishes – into special storage carts lined with compostable bags. When filled, the bags will be stored in the updated cooler to await pickup from a compost hauler. The program is the culmination of three years of planning by the campus Office of Sustainability, Facilities Management and Food Services. A spokesperson said the school hopes the pilot program puts UC near the front of nationwide sustainability trends and that it serves as a template for other institutions.

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USDA Sets Composting Example

ashington, DC—The USDA is doing its part to make the Food Waste Challenge a success, according to a release posted on the USDA blog site. Employees are working on an ambitious project to reduce the amount of food waste at the Department’s headquarters office in Washington, DC. The agency’s goal is to increase its current annual 2,400 pounds of cafeteria food and paper waste recycling by 5% to at least 2,520 pounds by the end of Fiscal Year 2014. Food is the single largest component of municipal solid waste going to landfills, accounting for over 20% by weight. Many of the USDA cafeteria items, such as plates, bowls, trays, paper cups, napkins and utensils are compostable. The headquarters’ cafeteria and hallways are equipped with compost bins that are specially designed for all food waste, including meat and dairy products. The bins are emptied several times each day and the waste is transported to a waste pulping system in the building’s basement. Coffee grounds, paper products and even newspapers are mixed with some of the food waste for composting. The waste is collected in a compost tumbler, an aerated drum set on giant rollers which turns food waste into compost. The tumbler also collects compost tea, a nutrient rich liquid produced by soaking the compost materials in water. Compost tea is used as a fertilizer and can be sprayed on the foliage or root system of plants. USDA is setting an example to encourage stepped-up recycling and composting nationwide. Composting can divert as much as 30% of household waste away from the garbage can, the agency’s blog notes.

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rand Junction, CO—A new studentrun compost facility will serve as an educational laboratory and an economical composting source for two Grand Junction college campuses, according to a report on KREXTV.com. Students enrolled in culinary and agriculture programs at Grand Junction’s Mesa University and Western Colorado Community College, as well as the CMU Rodeo Club, will participate in the project. Food waste collected from the CMU dining halls and WCCC culinary classes, and manure collected from Rodeo Club horse stalls will be composted on a 60-foot by 90-foot plot at the community college campus. This summer, culinary school students established herb and vegetable gardens which will be fertilized and mulched with the compost. Compost from the facility also will be used in landscaping at CMU.

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Renewable Energy Strategy Backfires on Wood Waste

ugusta, GA—According to a report by OnlineSentinal.com, changes in state laws and renewable energy credits are causing the city of Augusta, GA to rethink its wood waste disposal options. Construction and demolition wood debris used to be collected, chipped and shipped to the ReEnergy renewable energy electric plants in Maine. But a glitch in renewable energy strategy occurred when a change in state legislation led ReEnergy to sell its Maine renewable energy credits on the Connecticut market. Renewable energy credits obtained by creating energy from renewable sources generally can be sold to other companies to help offset penalties for pollution they create. The credits produced in one state can be bought in another as long as they meet the other state’s requirements. As it turned out, the Connecticut credits were not good for the chipped wood coming from Augusta. The city then had little choice but to send the wood waste to a Georgia landfill. Energy produced with construction and demolition wood no longer qualifies for Class 1 renewable energy credits, explained a ReEnergy’s spokesperson. The company’s Maine plants began using only “green” biomass, such as brush and other forest material, which is still eligible for renewable energy credits. ReEnergy is asking regulators in Connecticut for permission to mix the allowable green biomass with the remaining construction and demolition debris wood at its Maine plants and still receive renewable energy credits it can sell in Connecticut.

Emerald Ash Borer Spells Trouble for Wisconsin and Minnesota

uluth, MN—To help prevent the Emerald Ash Borer (EAB) from spreading to Minnesota, the Western Lake Superior Sanitary District (WLSSD) is banning all brush and wood waste originating from northwestern Wisconsin, reports BusinessNorth.com. The ban is one symptom of a growing problem faced by regulators, loggers and mills as EAB infestation threatens to cross state lines. The Wisconsin Department of Natural Resources has been restricting firewood movement around the state since 2006, imposing quarantines and using various communications channels to raise awareness and educate the public. The insect has been found in 20 counties throughout Wisconsin, including Douglas and Superior Counties. Superior currently has about 3,000 ash trees on public land and another 14,000 on private lands. Douglas has long been a major timber supplier to Minnesota mills. But now, because of the ash borer infestation, Douglas County logging companies are being restricted from transporting unprocessed ash trees until October, when the insect stops flying and does not spread as easily. For Wisconsin loggers, quarantines can spell serious cash flow disruption. Some loggers are considering felling ash trees in summer, and then storing them until fall – which means bearing all production expenses for as long as four or five months. In neighboring Minnesota, mill owners worry that a reduction in wood supply from Wisconsin will have a negative effect on the entire supply chain there. According to a report on Minnesota Public Radio, the Sappi mill in Cloquet, Minnesota has stopped buying Douglas County ash. Sappi mixes the ash with aspen and maple wood to produce cellulose used in manufacture of textiles and other goods. The mill also buys chips and slash to fuel its biomass boilers. Buying ash from the quarantined area in Wisconsin means Sappi will now have to enter into a compliance agreement with the federal government, says mill manager Gary Erickson. Foresters understand the situation well and they will support “steps that are reasonable, and that don’t limit our ability to do business and to help our economy and make the products that we all need,” says Ray Higgins, spokesperson for the Minnesota Timber Producers Association. The WLSSD Yard Waste Compost Site and Materials Recovery Center, which is located near the state line, and had been accepting wood waste from Wisconsin residents, will still accept lawn clippings, garden debris and leaves.

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Info Request #121 September / October 2013 Soil & Mulch Producer News 13

Soil

Mulch Producer NEWS

Food Safety and Manure Composting

win Cities, MN—A University of Minnesota study shows that concentrations of antibiotics are very low in organic crops that are grown in properly composted manure, according to an article on CapitalPress.com. Soil scientists at the university tested organic plants that were grown in compost. Although they identified antibiotics found in hog and turkey manure, they say the health risk is minimal because of the low levels that were detected. This news may put to rest food safety concerns about organic produce. Because most organic farms are small operations, using conventional livestock manure, rather than organic, is common. The scientists found that the natural aerobic process that occurs in composting helps degrade the antibiotics. Satish Gupta, a soil science professor at the University of Minnesota, who conducted the studies, reports levels of about 10 micrograms per kilogram of plant material. Gupta says a person would need to eat more than 100 pounds of lettuce a day, for example, to hit the daily intake limit for antibiotics. Applying raw manure to cropland is safe, too, so long as there is ample time between the application and harvest. Richard Carr, a technical specialist for Oregon Tilth, a certification agency, notes that Organic farmers are allowed to use raw manure as long as it’s applied 90-120 days before harvest, depending on the crop. Other research being conducted at the Rodale Institute points to the benefits of proper composting on the presence of heavy metals in manure. Compost temperatures must be just right. Too much heat and heavy metals will not bind with humic acid or folic acid, both of which slow their release.

attention: readers!

Oman Company to Thin 2.4 Million Acres of Arizona Forestland

lagstaff, AZ (AP)—The U.S. Forest Service has selected Oman-based Good Earth Power to take over the Four Forest Restoration Initiative, (4FRI) work along the Mogollon Rim in Arizona, according to an Associated Press article on SFGate.com. This massive thinning project is being called the largest forest restoration project in the country. Good Earth Power, which describes itself as “a global organization with a main focus on sustainable development,” says it has no experience in the Southwest, but has hired another (unnamed) company that specializes in such work. The Forest Service says it determined that Good Earth is financially and technically sound to carry out the work. The 4FRI project spans 2.4 million acres within the Kaibab, Coconino, Tonto and Apache-Sitgreaves national forests. The goal of the project is to reduce wildfire risks and create sustainable forest industries. Logging in the predominantly ponderosa pine forest land focuses on using harvested trees to produce wood pellets, furniture and biodiesel fuel, according to Good Earth officials. Conservationists, scientists, timber industry representatives and forestry officials have expressed concern over Good Earth’s motives, that is, the company’s plan for logging large trees. This issue has been a point of contention for the past two decades. Some forestry experts think that creating openings will improve the overall resiliency of the stands, however. Others say they are pleased that some sustainability improvements will be made.

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Info Request #180 14 Soil & Mulch Producer News September / October 2013

AgriCoatings is your source for affordable, dependable, fine quality colorants for woods, aggregates and agricultural compounds. Our Superior Color Systems are bourne from decades of supplying colorants for the world’s most critical applications. For more information please visit us online at www.agricoatings.com or contact your AgriCoatings representative today. Call: 615-443-0345 Ext. 103 Email: info@agricoatings.com Ohio – Tennessee – Florida – Shanghai, PRC AgriCoatings is a division of American Colors, Inc. All rights reserved.

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Soil

Mulch Producer NEWS

Compost Groundwater Leaching Studied

ong Island, NY—An article on NewsDay.com reports that the levels of manganese leaching from a 62-acre commercial composting operation here constitute a public health hazard, according to New York public health and environmental officials. The drinking water standard for manganese, a heavy metal, is 300 parts per billion. Suffolk County’s Department of Health Services detected manganese levels of 49,000 parts per billion in one water well not far from the compost facility. The researchers thought the finding was specific to the largest composting operation in Suffolk, Long Island Compost. Then, as both state and county agencies began looking at the levels near other composting facilities, they found a common denominator: tons of grass clippings, which are used in making the compost. Now DEC and Stony Brook University are discussing developing a research project to study how the breakdown of trees, leaves and grass clippings impact groundwater. Manganese is a naturally occurring element and a key component of a healthy diet, but it can lead to health problems if ingested at high levels. Studies have connected abnormal concentrations of manganese in the brain with the development of neurological disorders. The state Department of Environmental Conservation lists another 78 locations where composting operations are done. Starting in 2014, the county will conduct studies on about 10 of those sites where private wells are nearby and DEC may revise the permitting process to require operations that are enclosed or covered and use anaerobic digesters.

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50-Year Study on Inorganic Fertilizing Yields Some Surprises

incoln, NE—Applying inorganic nitrogen and phosphorus to crop fields over time may provide mixed results, according to analysis of a 50-year soil study, according to a ScienceDaily. com report. In reviewing the data from a 1961 study conducted at Kansas State University’s Southwest Research-Extension Center in Tribune, soil scientists, Humberto Blanco, University of Nebraska-Lincoln and Alan Schlegel, Kansas State University focused on changes in soil structure. They were able to determine whether the practice actually resulted in improvement. Fifty years of inorganic fertilization, they found, did little to stabilize soil where corn grown continuously was irrigated and conventionally tilled. The findings, which surprised lead author, Blanco were published in the May-June issue of the Journal of Environmental Quality. Typically, as soil organic carbon concentrations rise, soil particles tend to bind together more strongly in aggregates. This is what the scientists expected to find, particularly over so many years of fertilization. The researchers learned otherwise. In their paper, “Implications of inorganic fertilization of irrigated corn on soil properties: Lessons learned after 50 years,” Blanco and Schlegel note that some studies suggest that adding fertilizers rich in ammonium ions may cause soil particles to disperse rather than aggregate. This, they say, serves to offset any positive effects of increased soil organic carbon content. Tillage periodically disturbs the soil, so it may also negate any benefits of fertilization, they say. Blanco is conducting further experiments to compare the effects of fertilizer application with tillage, cover crops, intensified cropping systems and other conservation practices, which build the 1235 soil long-term. “It’s clear that we need inorganic fertilizers to meet the increasing demands for food production, so it’s important to look at how the extensive use of inorganic fertilizers affects soil properties in the long term,” he says. “The hypothesis is that inorganic fertilization combined with conservation tillage – strip till, no-till, and other [methods] – may improve soil structural properties relative to conventional tillage systems.”

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Southeast Recycling Conference & Trade Show

Hilton Sandestin Beach Golf Resort & Spa March 9-12, 2014 Destin, Florida The Southeast Recycling Conference & Trade Show (SERC) is the premier industry recycling event in the country, linking industry leaders and recycling officials. SERC offers focused educational sessions, the latest recycling products, equipment and services and exciting networking opportunities all at an economical rate.

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USCC 22nd Annual Conference & Tradeshow Compost: Nature’s Way to Grow! January 26–29, 2014 Oakland Marriott City Center Oakland, CA Join us at the world’s largest conference and exhibition for the organics management industry. Hear industry leaders discuss meeting today’s challenges in composting, compost use and renewable energy from organics. Visit our tradeshow featuring over 100 exhibitors from every part of the industry. Choose from more than 80 speakers across 3 days of workshops & technical sessions that cover organics management from separation & collection through marketing & use. See “live” demonstrations of the latest equipment offerings. Enjoy preconference tours of local facilities and attractions. More info & registration at www.compostingcouncil.org | T. 301.897.2715

Soil

Mulch Producer NEWS

Texas Scientists Exploring Biochar for Treating Fracking Wastewater

Vermont Food Waste Law – Starved for Funding and Coordination?

arre, VT—Act 148, Vermont’s Universal Recycling Law, was approved last spring and is considered groundbreaking legislation, but it comes with what some see as major obstacles, reports an article on WCAX.com. In addition to the usual recycling of plastics, glass and paperboard, Act 148 gradually phases in a ban on all organic waste going to landfills, with a zero-waste target starting in the year 2020. Many institutions around the state, such as hospitals and schools already have created programs that meet the first phase of the law, which kicks in next year. Keeping food waste out of landfills is actually quite complicated. First there’s following the food waste hierarchy – keeping food out of the waste stream, food banking, and putting the scraps to good use for animal feed or composting. Then, there’s dealing with collection issues, such as strengthening the hauling infrastructure throughout the state. “In Central Vermont I don’t think it’s going to be an issue because we provide that; we haul compost. But in other areas of the state, I think the districts are working with the haulers to work that out,” said Cassandra Hemenway of the Central Vermont Solid Waste District. As environmentalists, bureaucrats and residents try to manage this ambitious law, other states and cities, including Colorado, New York, San Francisco try their hand at instituting zero waste laws and ordinances. “In Vermont we’re cutting edge for this stuff and there are a lot of people watching this to see how it goes,” Hemenway said.

an Antonio, TX—Amid the outcry over hydraulic fracturing, or “fracking,” researchers are busily developing novel wastewater treatment methods, reports an article on RwlWater.com. Engineers at University of Texas at San Antonio and Southwest Research Institute say they are working on an inexpensive method for treating flowback water from oil and gas drilling. Initial testing will be conducted on the South Texas Eagle Ford Shale water samples. Eagle Ford Shale is the world’s largest oil and gas development, based on the $30 billion invested. Currently there are 200 active rigs. According to The International Biochar Initiative, biochar is an ancient water treatment technology that is gaining recognition in water filtration applications worldwide. Biochar is a solid material obtained from the carbonization of biomass that results in a fine-grained, highly porous charcoal that helps soils retain nutrients and water. This stable, charcoallike substance can absorb chemical compounds, including hydrocarbons, organics and some inorganic metal ions. During the year-long $200,000 joint research project, the researchers will prepare the appropriate biochar; test it on flowback water samples; and develop computer models of a possible biochar water treatment system as well as identify possible performance improvements. This biochar treatment process, if successful, would be the second step in a two-step water purification process, say the Texas researchers. The first step is expected to consist of filtration to remove any solids before additional treatment. Once the process is complete, the water is expected to be reused or safe for disposal.

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Florida Sludge Producer Must Halt Operation

cala, FL—After a nearly four-yearlong legal squabble, Marian County Commissioners decided that Compost USA had, in fact, been operating in violation of its 2003 permit, according to an article on Ocala.com. In 2010, the county government responded to resident complaints about odors emanating from Compost USA’s sludge-processing facility by ordering the company to halt composting operations on 38 acres of land owned by Craig Conrad Enterprises. The permit, the Commissioners held, allowed composting of wood products only, not sludge. Compost USA had launched a fertilizer production venture in 2009 after obtaining a permit from the Florida Department of Environmental Protection to accept sludge from municipal wastewater plants and also horse bedding from local farms. The sludge permit, which expires in May 2014, was granted as part of a state-monitored pilot program allowing Compost USA to accept up to 350 cubic yards of sludge cake per day. Under the terms of the agreement approved in September 2013, Compost USA will no longer accept sludge cake, biosolids or horse bedding as of March 31, 2014. By the end of September 2014, Compost USA must remove all composted material and vacate the site.

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Canadian harvest of Peat Moss Through August Below Average

ccording to a recent news release from the Canadian Sphagnum Peat Moss Association (CSPMA), Eastern Canada (NB, NS & PEI), is considerably below average in its expected harvest volumes of peat moss. According to CSPMA, a late and interrupted start to the harvest season, combined with a wet late summer, has significantly restricted production. Peat moss production on Québec’s North Shore has been at or slightly above expectations. However, due to weather related harvest challenges the harvest on Québec’s South Shore is below average. CSPMA reports that the Province of Alberta has experienced a below average to well below average harvest level, primarily due to adverse weather. However, this may be adjusted slightly due to favorable weather conditions the first part of September. The Provinces of Manitoba and Saskatchewan have experienced varied harvest weather conditions but have not experienced a decline in peat moss production. CSPMA says that further adjustments to their report might be made, depending on the industry’s ability to harvest in the fall season, particularly in Alberta. Additionally, they say that the industry had carryover inventory volumes from the previous harvest season. In Eastern Canada, these volumes will help offset the reduced harvest. In the West the carryover inventory was less. This will have a lesser positive impact on the overall supply.

Compost Uses Multiply

Info Request #105 20 Soil & Mulch Producer News September / October 2013

regon City, OR—From industrial clean-ups to wastewater treatment and stormwater management, compost is making its debut as something more than a growing medium or mulching material, according to a report by EnvironmentalLeader.com. These innovations are timely because of the fast-paced trend toward more stringent legislation and the need to protect water supplies. Specially designed mesh “socks” hold the compost for most of these applications. Gullywasher, which employs a 6-foot wall of compost to treat contaminated wastewater, is being used to prevent metals that have contaminated groundwater beneath the Blue Heron mill in Oregon City. The compost wall prevents leaching into the Willamette River. The results of tests run by Control Laboratories Inc. on the compost socks have proven their efficacy for removing particulates. Dissolved metal removal success will depend on the type of compost used to fill the socks, a company representative believes.

Soil

Mulch Producer NEWS

Compost, Mulch Sales Tax Prompts Battle in Vermont Continued from page 3

kind of double-dipping,” Hammer says. “We have yet to hear a tax department explanation why that form of double dipping is somehow in the law.” Stevens agrees, saying that in hearings tax officials have been unable to come up with any other example in which a product that was taxed when sold at retail also had the components that made up the product taxed. “It’s discriminatory and arbitrary,” he says. Hammer, meantime, is awaiting a decision on his tax bill appeal. Such appeals can take from less than a year to several years, depending on the complexity of the case, according to Dooley. If the appeal should go against Vermont Compost, Hammer can go to court. He notes, however, that 90 percent of tax cases that go to court are decided in favor of the tax department. Barrup says he has spent thousands of dollars and untold hours in trying to convince state officials that his tax bill should be reduced or rescinded. He notes that most of his sales – he is a wholesaler and sells bag and bulk mulches primarily to garden centers and landscapers -- are out of state. He also is challenging the state’s position that he is not a “manufacturer” but a “processor.” Tax officials say they can’t discuss individual cases. “They [tax officials] have been very difficult to work with,” Barrup says. “Instead of hiring 30 more people to prosecute us, they could have hired maybe a few people to prosecute us and the rest to educate us as business owners. We’re not the only industry hit. They hit everybody. “We need the government to start stepping in and come out to these businesses and educate us and help us and not hinder us,” he adds. “As far as I’m concerned, this is a very wrong way to go about collecting tax dollars.”

Even if Stevens’ bill becomes law, the legislator doubts it would provide retroactive tax relief for Hammer or other compost manufacturers who may have paid sales tax. Dooley also says his department would prefer the bill not provide retroactive relief. It appears that Vermont Compost is the only compost manufacturer that has been targeted. The CAV says it knows of no other compost companies that are being audited or who have been billed for back taxes. It is advising its members to contact the tax department if they have questions about collecting sales tax. Dooley says his department believes that some compost producers have been paying sales tax, but admits that it doesn’t know if others are not. He says there is no department initiative to target the industry. Barrup says he is now collecting sales tax on anything he sells in Vermont. Among his mulch products: cedar bark, premium colored cedar, spruce/pine, dark pine, hemlock and playground cedar. Hammer, whose operation is less than a mile from the tax office, says he doesn’t think he has been singled out by the department, but doesn’t know what prompted their audit of his company. “I really don’t know,” he says. “That would be a question for the tax department.” Barrup and Hammer both remain hopeful that their tax situations will be resolved in their favor. “We’re hardly tax-avoiding criminals,” Hammer says. But, Barrup notes, “They come in here and they assume we’re all criminals.”

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Info Request #106 September / October 2013 Soil & Mulch Producer News 21

Soil

Mulch Producer NEWS

ADVERTISER NEWS DoppstadtUS Partners With Company Wrench As New Washington, Montana, and Northern Idaho Dealer

Rapid Growth, New Equipment Highlight Bandit Industries 2013 Dealer Meeting

oppstadtUS recently announced that Company Wrench is now their new dealer partner in Washington, Montana, and Northern Idaho for their full line of slow-speed shredders, high-speed grinders, trommel screens and sorting stations. According to DoppstadtUS, Company Wrench brings along 14 years of quality service, opening two branches in Washington in 2009, with an additional branch planned in the Greater Seattle area by 2014. As a turnkey distributor, Company Wrench will handle all engineering, service, rentals and parts fulfillment and, according to DoppstadtUS, is well positioned to represent DoppstadtUS products throughout the territory.

Casey Named President and Chief Executive Officer of FINN Corporation

airfield, OH—FINN Corporation, a manufacturer of environmental, erosion control and landscape equipment and materials, recently announced the appointment of Shawn Casey as President and CEO. “FINN is delighted to appoint Shawn Casey as CEO. Shawn brings a wealth of experience and has the vision to lead FINN to a new level of success” said Christopher Erickson, a director of the company. Casey has more than thirty years of domestic and international experience in a variety of industrial and capital goods businesses that successfully compete in global markets. Organizations where Casey has held executive leadership positions include Meridian Rail LLC, Federal Signal Corporation, Elgin Sweeper, Case Corporation, Cummins Engine Company, and the US Air Force.

ount pleasant, Mi—Over 250 dealer representatives from 19 countries assembled for the Bandit Industries 2013 Dealer Meeting, held August 1315 at Bandit’s headquarters near Mount Pleasant, Michigan. Usually scheduled every three years, this meeting was organized after just two years due to exponential growth and considerable product development for Bandit since the previous event in 2011. The 2013 Bandit Dealer Meeting also coincided with Bandit’s 30th anniversary. According to the company, the last three years have seen Bandit’s global workforce and sales volume double in size. The company’s dealer network now spans more than 160 dealers worldwide, with 25 dealers joining in just the last two years. “We are very grateful for the hard work our dealers do in representing Bandit and serving our customers,” said Bandit Industries President Jerry Morey. “It’s not enough to just have a good product. We have built a reputation over the last 30 years for taking care of our customers, and that would be impossible to do without a strong dealer network.” Highlights of the new equipment and technologies displayed at Bandit’s 2013 Dealer Meeting included the Chipping drum option for XP-Series Beast Recyclers and the Breaker System for drum-style hand-fed and whole tree chippers.

Product/Equipment Profiles New Micro Chip Drum Option Available for Select Bandit Whole Tree Chippers

specialized micro chip drum from Bandit Industries is now available for select Bandit whole tree chippers. The new drum design features double the knives found on a standard drum, delivering twice the cuts per rotation to produce wood chips as small as 3/16” in size. The micro chip drum can also be easily converted to a normal chipping configuration for standard sized chips, allowing users to conveniently produce several different chip sizes to serve multiple markets. The micro chip drum works in conjunc tion with Bandit ’s flow control option for the feed system, which fine-tunes the feed rate of the machine to achieve minimum chip size with maximum production and fuel efficiency. A new chip breaker system further enhances chip quality, serving to screen and break down oversize material exiting the drum. The end result is a specifically sized micro chip that is

22 Soil & Mulch Producer News September / October 2013

unmatched in consistency. Chip throwing power is unaffected by the design changes. The Bandit micro chip drum and breaker system allow chips to exit the machine at high velocities without the need for a separate blower or chip accelerator. The combination of aggressive feed systems, smooth chipping and strong chip throwing adds to the overall efficiency of Bandit’s whole tree chippers using the micro chip drum. The Bandit micro chip drum is an available option for the Model 2590, Model 3090 and Model 3590 whole tree chippers. The drum and accompanying systems can also be retrofitted to existing Bandit whole tree chippers. For more information, contact Bandit Industries at 800-952-0178 or visit online at www.banditchippers.com.

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SOrT.

Upswing hammermill effectively grinds even the wettest material with less horsepower.

Compost and Mulch Conquered. www.DoppstadtMulch.com 440-937-3225 Info Request #129 September / October 2013 Soil & Mulch Producer News 23

6075 Hopkins Road • Mentor, OH 44060 Ph: 440-257-6453 • Fax: 440-257-6459 Email: downassoc2@oh.rr.com VOL. VII NO. 5

SEP /OCT 2013

Inside This Issue Compost Sales Tax Prompts Battle in Vermont Page 1 Research Minimizes Effects of Federal Produce Standards on Mushroom Industry Page 4 Crop Rotation Encourages Soil Bio-diversity Page 8 Renewable Energy Strategy Backfires on Wood Waste Page 12 50-Year Study on Inorganic Fertilizing Yields Some Surprises Page 16 Compost Uses Multiply Page 20

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Info Request #151

PRSRT STD U.S. Postage

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Mentor, OH Permit No. 2