DEC rejects permit for Moreau fertilizer plant

DEC denies Saratoga Biochar permit

DEC denies Saratoga Biochar permit to build a carbon fertilizer plant in Moreau.

The Department of Environmental has denied a permit for Saratoga Biochar Solutions to operate a biosolids processing facility in Moreau.

The company had wanted to build a $29 million carbon fertilizer plant in the Moreau Industrial Park. The facility would take waste from wastewater plants across the state and create fertilizer.

Residents had opposed the proposal, expressing concerns about odor, traffic and potential for water contamination.

In a nine-page decision Tuesday, the DEC said that the company’s technology was unproven. Saratoga Biochar Solutions had only run two small trials, but it wanted to process up to 15% of the biosolids waste.

“While the proposed technology shows promise, there are too many unanswered questions about the effectiveness of the process and too little information about its safe implementation at an industrial scale to approve the SBS applications,” wrote DEC Regional Permit administration Erin Burns in the decision.

The potential for release of contaminants is based on testing dissimilar substances that do not represent what will be processed, according to the decision. In addition, SBS was not able to assure that the facility would not be a source of PFAS emissions.

The company has not demonstrated the effectiveness of its thermal oxidizer to destroy these compounds, according to the DEC.

The agency said Saratoga Biochar Solutions did not submit information at DEC’s request at how the company would regulate its greenhouse gas emissions or that it can appropriately control odors.

The company issued a statement on the decision.

“Saratoga Biochar Solutions remains very confident in our proposed technology and process,” said CEO Raymond Apy. “While we do not agree with the DEC’s decision, we do respect it and are hopeful that one day we can be a partner to the state of New York in helping to protect our environment, improve quality of life and grow economic opportunities statewide.”

Many residents opposed the proposal and formed a group called Not Moreau. The Clean Air Action Network of Glens Falls had filed a lawsuit to try to stop its construction.

Tracy Frisch, chairwoman of the Clean Air Action network, said she was jubilant at the decision.

“This was the right decision.  Saratoga Biochar did not provide data to back up its claims and did not answer many critical questions that the DEC asked multiple times. Given the company’s failure to play by the rules, DEC had no choice but to deny the permits,” she said in a statement.

“In comments and DEC hearings, we expressed concerns that the project, which used unproven, experimental technology, had the potential to threaten the future health of thousands of area residents, our air, soil, and water. We feared a train wreck for the people of Moreau and for state-designated Disadvantaged Communities in Hudson Falls and Glens Falls.”

Frisch cited the issue of PCBs being dumped into the river by General Electric, the trash incinerator and other pollution concerns in the area.

There was political fallout including then-Supervisor Todd Kusnierz being ousted in the 2023 election. Kusnierz had been chairman of the Saratoga County Board of Supervisors.