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Cedar Rapids, Iowa 52401
Winneshiek manure digester project surrenders zoning permit
A pending lawsuit helped reveal a flaw in the county’s process
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Farmers and a company that want to build a manure digester in Winneshiek County will reapply for a permit because the county lacked state-mandated rules when it was first approved.
Novilla RNG's conditional-use permit that was approved in September by the county's board of adjustment is the subject of one of two lawsuits that seek to block the digester facility from being built.
The facility would capture methane from up to 5 million gallons of manure at a time near Ridgeway, process it, and inject the gas into an existing pipeline for use elsewhere as fuel.
The Driftless Water Defenders group has opposed the project for its potential to enable the expansion of the dairies that intend to supply it manure. Livestock manure is a primary cause of water quality degradation in Iowa.
The group's suit against the board of adjustment claims the board erred, in part, because its process was unfair to the project's opponents.
Novilla, in a letter to the county last week, said it was surrendering its permit and would reapply because the county lacked proper rules that are meant to "ensure an orderly and transparent process."
The board adopted a set of rules and procedures in February — about five months after the permit approval — at the advice of the county's attorneys, said Tony Phillips, Winneshiek's zoning administrator.
"We have not accepted the surrender of the (permit)," Phillips told The Gazette on Monday. "Our county attorney is still looking into it."
He declined to speculate about how the process would move forward.
Mark Hill, a chief executive of Michigan-based Novilla, said the permit flub is not expected to delay the project, which might be operational later this year.
That's because the county permit pertains to the gas-processing facility. A state permit for the digester containers — which have the appearance of grain silos — is still in effect.
"Given the broad local support from actual Winneshiek County residents and the unanimous approval of the board in September, we look forward to re-presenting and engaging with the public," Hill said.
The Driftless group has another lawsuit pending against the county's board of supervisors for its narrow approval of a rezoning request for the digester site. It's unclear when that litigation might conclude.
Comments: (319) 368-8541; jared.strong@thegazette.com
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