Fairborn, Bath Twp. file lawsuit against biodigester, claiming violations of Clean Air Act

BATH TWP., Greene County — Another federal lawsuit has been filed against the operators of a controversial Greene County biodigester, claiming the site is operating without proper permits.

>>PREVIOUS REPORT: Fairborn, Bath Twp. serve notice of intent to sue over alleged violations at local biodigester

A joint lawsuit filed by Fairborn and Bath Twp. officials was filed in federal court Monday against the operators of the biodigester, Renergy Inc. and Dovetail Energy, the U.S. Environmental Protection Agency, and Ohio Environmental Protection agency, a City of Fairborn spokesperson said in a media release Tuesday. The lawsuit alleges the facility on Herr Road has been operating in violation of the federal Clean Air Act.

The filing of the lawsuit comes about two months after both Fairborn and Bath Twp. filed a notice with an attempt to sue the two companies and two agencies over complaints of odor and air pollution from the facility. The city spokesperson said the advance notice was filed in an attempt to work on a resolution.

>>RELATED: Ohio Attorney General files lawsuit claiming violations at Greene County biodigester

Previously, Kassie Lester, a Bath Twp. Trustee, told News Center 7 there had been thousands of odor complaints over the last three years.

“The lawsuit focuses on the fact that Renergy and Dovetail Energy have been operating a digestate lagoon at its biodigester facility in Bath Township and allowing the lagoon to emit significant quantities of ammonia without applying for and obtaining an air pollution permit, without controlling the ammonia emissions with the best available technology, and without following the mandates of Ohio’s air toxics law,” the Fairborn spokesperson said in the media release.

The lawsuit names the U.S. EPA and Ohio EPA as well, claiming both agencies failed to enforce the Clean Air Act and allowed the biodigester to operate without the proper permits.

“We gave all involved an opportunity to discuss the issues with us in an attempt to resolve the matter without litigation. No one took the opportunity. “We take the health and safety of our citizens seriously, and we could not stand by while this issue continued unaddressed and unabated,” Fairborn City Manager Rob Anderson said in the statement.

The joint Fairborn and Bath Twp. lawsuit was filed just three days after Ohio Attorney General Dave Yost filed a lawsuit in Greene County Common Pleas Court claiming the site was operating without permits. An Ohio AG’s Office spokesperson declined additional comment on the lawsuits Tuesday.

News Center 7 has contacted officials from Renergy, U.S. EPA, and Ohio EPA for comment on the lawsuit filed Monday and we’re awaiting responses.

We’ll continue to update this story as we learn more.

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