PHOTO OF THE DAY: FULL HOUSE
Here is another photo from the Aug. 19 meeting of the Turner County Board of Adjustment that drew more than 40 residents of Freeman, all there to represent the complaints about the odor coming from Dakota Protein Solutions. Here’s a summary of where the issue has been, where it stands and where it may be going.
Action of one kind or another in response to the problematic rendering plant southeast of Freeman could be a month away, when the Turner County Board of Adjustment convenes for its next monthly meeting on Tuesday Sept. 23.
The meeting was moved from its normal late-morning timeslot to 6:30 p.m. and will be held at the Parker Community building located on Main Street to better accommodate the anticipated large public gathering from Freeman residents.
This comes in response to non-compliance issues at Dakota Protein Solutions (DPS) and public outcry over the odor coming from the plant that has grown through the spring and summer months.
The Turner County Board of Adjustment formally took up the issue at its most recent monthly meeting last Tuesday, Aug. 19, when it:
Reviewed the conditional use permit granted DPS on Sept. 14, 2021;
Learned of three violations documented by Daisy Johnson, director of equalization with planning and zoning for Turner County, and;
Heard from Scott Stern, a former Freeman resident and businessman who is one of the primary investors in Dakota Protein Solutions.
No action was taken, but — per Turner County ordinance — a second hearing is required, which on Aug. 19 was set for Sept. 23.
Here is an explanation of the process provided to The Courier in an email by Turner County State’s Attorney Katelynn Hoffman Tuesday evening, Aug. 19.
“Based on complaints received by Turner County as it relates to the conditional use permit (CUP) granted to Dakota Protein Solutions for their rendering facility in 2021, our zoning director, Daisy Johnson, began a review. That investigation found DPS to be noncompliant with three conditions of the permit. The purpose of (the Aug. 19) hearing was for the zoning director to notify the zoning commission of those findings. Prior to (the Aug. 19) hearing, our zoning director provided written notice of the noncompliance to DPS. Our ordinance dictates that after the findings are brought to the attention of the zoning commission, the matter must then be set for an official review of the permit at its next regularly scheduled meeting.
“The ordinance then requires at least 10 days prior to any review hearing, that the zoning director give written notice of the review hearing date/time to DPS. The director is also required to post a sign at the property with that same information regarding the review hearing.
“At the review hearing in September, evidence will be presented to the zoning commission, and if the board determines by substantial evidence that such compliance has not been established, it may: revoke the permit, amend the permit, postpone action for a period of time it deems appropriate to allow the permit holder to comply, or require any other such action it deems appropriate.”
Larger context
The story of Dakota Protein Solutions goes back to 2019, when Stern and a group of investors assumed ownership of another rendering facility — Dakota Rendering, operated by Ray Spangler — and began laying the groundwork for what they would later laud as the only non-proprietary rendering operation in South Dakota, and an enterprise “to be proud of.”
In August of 2021 the city of Freeman approved a resolution in support of DPS, the conditional use permit from Turner County followed the next month, and the ball was rolling.
DPS was celebrated with a ribbon-cutting the morning of Sept. 3, 2024 that included remarks from investors, District 19 Representative Drew Peterson, U.S. Congressman Dusty Johnson, secretary of the DANR Hunter Roberts, and Joe Fiala, Commissioner of the Governor’s Office of Economic Development.
The processing of dead livestock began that month, with water to the plant being supplied by city wells, per a three-year contract.
But public criticism on social media — some of it angry — began snowballing earlier this year because of the odor coming from the plant and has only intensified this summer. Much of it is posted on the Facebook group, Life in the Freeman, SD Area, administered by Laura Townsend and moderated by Bobby Pickett.
And at its July 1 meeting, the Freeman City Council heard from Roger Walker, plant manager at the time, who said, “looks like we’ve got some work ahead of us.”
Walker told the council that the problem was the hard water being supplied by the city and used to operate DPS, which was “raising havoc on sensors and equipment” designed to mitigate the odor.
“We are seeing incredible amounts of mineral buildup and all sorts of issues,” Walker said, adding that DPS is exploring ways “to make the water work for us.”
“We ask for patience and everybody’s understanding as we try to work through this,” he said.
Blaine Saarie, president of the council, suggested there was a sense of urgency.
“I understand it’s a work in progress,” he told Walker.
However, “the city council is really catching crap on Facebook. What you’re burning is bound to smell, but if a guy can do whatever it takes to get the scrubbers to work, it would be greatly appreciated by everybody.”
But the odor persisted, generating even more outcry on social media.
“Just went outside and wanted to puke,” wrote one Facebook user on July 9. “The city of Freeman really screwed up this time. The smell is terrible. FIX IT PLEASE I don’t want to move.”
The comment elicited 72 responses.
“Got back from a baseball game in Parkston and wanted to sit out on our deck and enjoy a fire,” one wrote. “Guess that’s not happening for the 15th time this summer. So tired of it.”
“It rolled in fast this evening,” wrote another. “Went into Casey’s with fresh air, came out and the smell hits you like a brick. I almost threw up walking to my car. It’s absolutely awful. I wanted to sit and read outside this evening but nope! Stuck indoors because the smell is so strong.”
While Facebook has served — and continues to serve — as a platform for public complaints, the issue took center stage in a more official capacity on Tuesday, Aug. 5, when the DPS situation reached the agenda of the Freeman City Council.
Not only did the meeting provide an opportunity for public comments, it also revealed that city officials had been in contact with City Attorney Mike Fink to work toward a possible resolution.
Fink said at the Aug. 5 meeting that the city has no authority over the plant because it is located in Turner County and just outside the city’s jurisdiction. But he also said he had been in touch with officials from Turner County, which granted DPS the conditional use permit required to operate, and that they were working through a process that could lead to action.
That resulted in the Aug. 19 review of the conditional use permit by the Turner County Board of Adjustment and is what has led to the hearing on Sept. 23.
