State asked to sue Greene Co. biodigester after odor complaints

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GREENE COUNTY — The Ohio Environmental Protection Agency is asking Ohio Attorney General Dave Yost to sue the company that runs a biodigester facility in Greene County if it can’t fix problems neighbors say “stink.”

News Center 7 first reported on the latest notice of violations the state sent to Dovetail Energy on Monday.

>> RELATED: Ohio EPA issues notice of violation to Greene Co. biodigester, claims it is causing odor nuisance

The biodigester has already been the focus of one lawsuit from the state. The parent company, Renergy, settled with the Ohio AG’s Office in 2022. Now there’s the potential for more legal action from Columbus.

The referral from the Ohio EPA says the facility is the source of “nuisance odor violations” and that the site is breaking regulations and state environmental laws.

People who live in Bath Township and Fairborn say they can smell it from miles away.

>> PREVIOUS COVERAGE: Fairborn, Bath Twp. file lawsuit against biodigester, claiming violations of Clean Air Act

“A sour smell and it’s not good,” said Dennis Cain, who lives in Bath Twp. “You’ve got to wind your windows up so you can breathe.”

Fairborn resident Jennifer Burns agrees.

“You can walk outside and just smell a burning ammonia waste smell,” Burns said. “You can’t open your windows on the days that this is occurring.”

Cain and Burns are far from alone.

The Ohio EPA says it got more than 50 strong odor complaints in the last two weeks of July alone.

>> RELATED: New bill looking to regulate biodigester facilities, including controversial Greene Co. site

In the referral, the Ohio EPA director asks Ohio AG Dave Yost that if his office can’t resolve the problems through negotiation, she wants him to take Renergy to court with a civil lawsuit.

The Ohio AG’s Office confirmed Tuesday they got the referral and are working with their client, the Ohio EPA, but declined further comment.

“Shut it down until it is up to par. You have to. There is no turning around on it. You can’t put a Band-Aid on a major situation,” Cain said.

Burns says she also wants the facility to be compliant with state laws and regulations.

“If they have to be forced into it, so be it. That’s what needs to happen. You know, they need to have regulations placed on them. And, you know, this needs to change,” Burns said.

News Center 7 reached out to Renergy for comment Monday and again Tuesday morning, we are still awaiting a response.