COMPOST FACILITY IN DOUBT TWO-YEAR USE PERMIT DEADLINE HAS PASSED.

Byline: Jim Skeen Staff Writer

LANCASTER- Two years after being granted a conditional-use permit for a controversial sewer sludge composting operation, BioGro has yet to establish an operation in Lancaster, and there are conflicting views as to whether the project is still alive.

Granted a permit in July 1998, Maryland-based RPI BioGro had planned to establish a composting operation on 67 acres on a farm south of Avenue A and west of 140th Street West. Under the permit approved by the Los Angeles County Board of Supervisors, BioGro could accept up to 500 tons of sewage sludge a day at the site.

The conditional-use permit had an expiration date of July 7, and BioGro had not applied for an extension, said Don Culbertson, acting administrator of the regional planning department.

``Once the permit expires, the only way for that project to proceed is for them to go through the permitting process again,'' Culbertson said.

But company attorney Bill Hutton said BioGro has applied for permits with regulatory agencies and believes those actions keep the conditional-use permit active.

``Once the CUP is issued, you have a two-year period to make reasonable progress toward the project,'' Hutton said. ``We've done what we had to do to keep the CUP alive.''

For now, the project is not seen as economically viable.

``They will be moving forward when it's economically feasible,'' Hutton said. ``They are continuously assessing the market. It will be built when it makes economic sense.''

BioGro plans to pile sewage sludge, grass clippings and other types of plant waste in rows 7 feet tall, 18 feet wide and 850 feet long at the farm. The plan was to sell the composted material as garden fertilizer.

Backers of the project argued that it would provide a low-cost way of recycling and would help Los Angeles County meet state-mandated goals of reducing the waste going into landfills.

Critics say the sludge contains industrial chemicals, including cancer-causing substances that can be carried great distances by the wind.

While backers were successful in getting the county permit, they were ordered in September 1998 to enclose the facility by the Antelope Valley Air Pollution Control District. The air pollution control district ordered the enclosure to cut down on odors and to keep the sludge from either being blown or washed off the site.

BioGro had fought against the enclosure requirement, stating it would cost $80 million or more.

Critics of the project say BioGro's figure of $80 million to enclose the facility is inflated. A more realistic estimate is about $47 million.

``Public opposition made it uncomfortable to proceed with this project,'' said Lyle Talbot, a Lancaster activist. ``I think the killer was approaching the air pollution control board and getting the enclose requirement.''

BioGro has enclosed other facilities. The company's Web site features its enclosed facility in Burlington County, New Jersey that handles 200 tons of sludge a day.

Since the granting of the conditional-use permit, BioGro has gone through a series of transitions triggered by industry mergers. The company was acquired by Waste Management, which later merged with USA Waste.

Houston-based Synagro is now seeking to acquire RPI BioGro.

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Map: Proposed composting site