Emerald City Ethanol Lawsuit

NEWTON - On a day like Monday when winds were gusting more than 35 mph, Diane Wilks was already dreading the smell of stale beer.

But the odor could waft in soon, now that Harvey County Commissioners voted in favor of a special-use permit to allow Emerald City Ethanol and ICM to go forward with the building of a plant in an agriculture zoned area.

The economic benefits to the county outweighed possible disadvantages to those living in the area, said Harvey County Planning and Zoning director Scott Davies.

Wilks is upset with the decision.

It's not a good site for the city. With prevailing wind patterns, even with the new technology, there is still an odor, Wilks said.

The plant will be built a mile west of Meridian Avenue and a mile south of U.S. 50. Wilks lives about three-quarters of a mile away and is very content with her country atmosphere.

It's a really nice area. People sleep with windows open at night. That won't be possible with the odor coming through, she said.

But Wilks has more concerns than smell.

They include the increased flow of truck traffic on a very dangerous stretch of U.S. 50. The plant will be producing grain alcohol 24 hours a day, seven days a week.

Kathy Mick worries about the increased traffic, too. She and her husband, Ted, purchased their property to build a retirement home. They worry about both the emission of particles from the plant and the influx of traffic.

There will be some air emissions, Davies said. But pollution is tightly regulated by KDHE and the EPA.

He also believes current technology will help reduce the smell.

Plans are to put a cover over the wet cake pad, which is where the distilled grains await shipment to an animal food plant.

Dave Ediger lives downwind of the plant site. He sees the incongruence of building the plant and the greener attitude usually found with local leaders.

Harvey County has a very good record when it comes to recycling, Ediger said. This seems inconsistent to us that it would be allowed to be built so close to a residential area.

He's also concerned about the effect this will have on property values.

But Davies noted a study conducted in Garnett, where a fully operating ethanol plant didn't hurt appraised home values.

Now, before the ethanol proponents proceed they have to make arrangements for a water source said John Waltner, special projects director for Harvey County.
The plant could use up to 300,000 gallons of water a day, and developers are currently looking at a plan with the city of Newton to use the gray water from household drains.

Less than a year ago, Shelby Evans purchased property that touches the proposed site, with plans to build a house.

My 40 acres touches their 116 acres, Evans said.

She would not have bought the property with plans for building a home had she known about the plant.

The next option for concerned residents is legal, Evans said.

People in opposition can still seek relief in district court by filing a challenge, Waltner said.

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