The Pilot News - Ethanol plant foes closer to court date

Spokeswoman Dawn Danford said Monday that “the judge has ruled in our favor” by deciding that a Ms. Wickert and the BZA secretary were served properly.
“This means our case is going to court. The judge is reviewing the BZA records and he will set a schedule soon,” Danford said.
Here’s what happened, according to Danford: KVSTEP filed a Writ of Certiorari against the BZA in December because of the lack of research done before granting a permit of this type. Briefs were exchanged and a hearing was held on Feb. 26 since the BZA and Bioenergy filed a motion to dismiss. BZA attorney Steve Dodge alleged the BZA secretary was improperly served, and the Bioenergy lawyer claimed that Elaine Wickert, owner of the property, was improperly served, both due to technicalities. Judge Kim Hall dismissed that motion to dismiss.
On Nov. 15, 2007, the BZA approved a request by Bio-Energy Development, LLC to build a 27-million gallon waste ethanol refinery on the northeast 40-acre corner of 500 South and U.S. 421.
The BZA’s decision was made despite opposition by more than 300 residents who voiced their concerns at the Nov. 15 public hearing before the BZA.
During the hearing, numerous members of the group, Kankakee Valley Stop the Ethanol Plant (KVSTEP), spoke out and provided the BZA with what they said is significant evidence of environmental impacts commonly associated with ethanol production including: Increased smog and deterioration of air quality from fine particle and hazardous air pollution; groundwater contamination and depletion (the proposed refinery is expected to use 180 gallons of water per minute); inability of the local fire department to handle hazardous chemical spills or ethanol-related fires; increased noise, odors and traffic (50 tanker-trucks per day estimated); and the eye-sore of having a 40-acre industrial complex in their small, quiet, rural town.
KVSTEP hired attorney Kim Ferraro with the Legal Environmental Aid Foundation (LEAF) to represent the group in challenging the BZA decision. According to Ferraro, “the BZA’s grant of a conditional use for agricultural processing for construction of an ethanol refinery undermines the general purpose, spirit and intent of the zoning ordinance because an ethanol refinery constitutes heavy industry not agricultural processing, as contemplated by Starke County’s zoning laws.”
In addition, Ferraro claims the BZA failed to consider the impact the refinery will have on the public health, safety and welfare as required by state law and county ordinance. “Looking at the BZA record, it is difficult to understand the rationale for their decision.”
KVSTEP holds regular organizational meetings in the San Pierre area. For more information about the group and their efforts, visit http://kvstep.tripod.com/
The BZA was presented with a petition bearing 530 signatures of those opposed to the project. The petition had 278 signatures from the North Judson area, 129 from San Pierre and 94 from other locations.
The BZA accepted the petition into the record, but board attorney Steve Dodge noted, “This is not a board where a petition makes a difference.”
Here are details of the plant, as presented by Kankakee Valley President Robert Swain and other company officials:
• The plant, essentially an alcohol still, will be built on a 37-acre tract, part of a larger 80-acre parcel. The land is currently a mint field.
• The plant will cost $62 million, and will be one of the smallest ethanol plants in Indiana.
• All machinery and holding tanks will be above ground and the tallest part of the plant will be 100 feet.
• The firm will burn about 40,000 tons of waste wood products annually, to fuel the operation, with natural gas available as a backup. Wood products would be purchased in the region.
• The company plans to purchase 9.5 million bushels of corn annually, producing 27 million gallons of ethanol and 84,000 tons of distillers grain, a byproduct used for animal feed. The plant also will produce 82,000 tons of carbon dioxide. Contracts will be signed with local farmers for the corn.
• Wells will be drilled an estimated 150 feet deep, and the firm will use 180 gallons of water per minute. Water will go into a retention pond and be recycled.
• An estimated 50 trucks per day will go in and out of the plant. About 15 trucks a day will haul the ethanol, mixed with a small amount of gasoline, out of the plant.
• The plant will employ 33 workers and operate 24 hours a day 350 days per year. Swain said most jobs won’t require higher education.