Hebron residents said they have filed a civil lawsuit against Denali Water Solutions, the property owner identified as Burns, and Wicomico County over a large dissolved air flotation (DAF) storage tank near Porter Mill Road that local residents say has caused persistent odors, traffic and environmental harm.

“We formed, back in 2019 when we found out about the the DAF tank coming to our neighborhood. And we formed to go out and did petition and tried to see what we could do to get it stopped,” said Lynette Kenny, a Hebron business owner and leader of the Neighborhood Action Group, describing the citizen group's formation and aims. Kenny said more than two dozen residents and two environmental groups are plaintiffs in the filing.

The complaint, as described in the broadcast, alleges the tank is operating as a commercial industrial storage operation rather than an agricultural facility and that Wicomico County declined to enforce its zoning code. “This is an industrial operation,” said Bob Taylor, a former Wicomico County council attorney who commented on the case. Taylor told the program that plaintiffs allege zoning violations, nuisance impacts from odor and traffic, and that the original permitting contained material misrepresentations that could support the recovery of ill-gotten gains through disgorgement.

Residents and callers described recurring, sharp odors that vary with wind direction and sometimes make outdoor activities impossible. “It's changed it, definitely,” Kenny said of local quality of life. Caller Jim Atkins of Ardela said, “I have smelled it,” when describing a scent he characterized as stronger than ordinary manure.

Kenny and Taylor described a prior equipment failure at the site that released thousands to tens of thousands of gallons into adjoining non-tidal wetlands. They said cleanup followed but that the longer-term effects on water quality are not yet known. Kenny also said the tank is currently about four-fifths full and that seasonal rules around land application (residents described an application window that prohibits spreading Dec. 16'Mar. 1) factor into when the tank is filled and emptied.

Residents said tanker trucks carrying roughly 6,000 gallons each frequent Porter Mill Road, a narrow country route with limited shoulders, and that heavy traffic has damaged the road surface. Kenny estimated the tank's scale at "23 feet tall" and possibly about 147 feet in diameter; speakers on the program labeled those dimensions as approximate.

The county amended its zoning code in recent years to limit future DAF storage to the I-2 (industrial) zone and to require closed-top storage for new tanks, participants said; those changes do not, they said, require alteration of the existing tank. Kenny and Taylor explained that closed-top storage can pose safety issues for DAF material because gases can build up, and they said the amendment applies only to new installations.

Taylor said plaintiffs contend that the tank's original building permit and representations to the county were for limited, on-site seasonal storage, whereas the operation appears to accept material from other processing plants and to act as a year-round commercial storage and transfer point. He said Denali pulls annual samples that the state chemist tests, leaving questions about how frequently and comprehensively the mix is analyzed.

Kenny and others said they have not received a substantive response from the county executive or council to a summer letter requesting enforcement or other remedial action. Kenny said the letter told officials, in part, to “make this right this wrong a right, or we're gonna have to take steps to see that we can make it right in this court of law.”

Taylor pointed to past local enforcement as precedent, saying the county has in other cases moved to close operations that diverged from permitted uses and that plaintiffs seek court-ordered remedies and financial relief tied to alleged misrepresentations. The suit names Denali Water Solutions, the landowner (Burns), and Wicomico County, and plaintiffs are asking the court to consider zoning enforcement, nuisance abatement and disgorgement of profits they say were obtained through improper permitting and use.

There was no formal county action announced during the broadcast. Residents said they hope the lawsuit and public attention will prompt the county to take zoning-enforcement steps or seek a resolution in court. Bob Taylor urged the county to obtain a legal opinion and, if the plaintiffs' allegations are upheld, to consider resolving its exposure in the litigation.

The case is pending. Wicomico County officials and Denali Water Solutions were not on the program and did not provide comment during the segment; callers and residents said they had not received substantive replies from county executives to date. The plaintiffs said they will pursue discovery to clarify ownership, contractual relationships and the full operational practices at the site.

Background: DAF (dissolved air flotation) storage captures organic solids and liquids removed from poultry- and other processing plant washwater; speakers said constituents vary and that some states and processors are shifting toward closed digesters to reduce odors and seasonal spreading.

Next steps: The plaintiffs have filed the complaint and expect discovery to reveal operational contracts and any partnerships. Residents said they will continue public outreach and legal follow-through; county action, if any, was not announced during the program.