State environmental regulators say they are continuing to review public comments on a request by the city of Greensburg asking state environmental regulators to allow its wastewater treatment plant to spread biosolids on land in Bartholomew County and other nearby counties.
The application, filed Jan. 14, seeks to modify the Greensburg Wastewater Treatment Plant’s existing permit to include Bartholomew, Jennings, Ripley, Rush and Shelby counties, according to records with the Indiana Department of Environmental Management.
The permit currently allows the Greensburg Wastewater Treatment Plant to land-apply biosolids as a fertilizer substitute to agricultural fields only in Decatur County.
“As part of the permit process, IDEM received comments about the permit that we are addressing,” IDEM spokesman Barry Sneed told The Republic this week. “Once we complete our review and respond to comments, we should be able to make a permit decision.”
The Greensburg application comes amid a dispute over the Bartholomew County commissioners sewer sludge ordinance, which bars the importation and field applications of biosolids generated in other counties.
Currently, it is not clear the extent to which Greensburg’s application with IDEM and the lawsuit are related, if at all.
Bartholomew County Commissioner Larry Kleinhenz told The Republic previously that the commissioners intend to “protect our citizens against the hazards” of out-of-county biosolids but said he was unable to comment further, citing the lawsuit.
“We did pass an ordinance in 2024 prohibiting import and field applications of out-of-county biosolids generated in other counties,” Kleinhenz said. “Our intent is to protect our citizens against the hazards of such. I cannot comment further as advised by counsel.”
On Feb. 17, Biocycle LLC filed a lawsuit claiming the ordinance is unconstitutional.
Despite strong public opposition, IDEM issued a permit to Biocycle last July to accept biosolids and industrial waste products at a facility southeast of Columbus.
Evan Daily of 3788 E. County Road 300S, Columbus, is the sole registered agent for Biocycle, according to the Indiana Secretary of State.
Two ordinances dealing with sewer sludge storage were passed by the commissioners on May 13, 2024. One prohibits the importing, storage and application of biosolid material from anywhere other than Bartholomew County unless it is processed by the Columbus City Utilities’ wastewater treatment plant. Violators could face fines of up to $5,000 a day.
County officials say public concerns range from other counties using Bartholomew as a sewer sludge dumping ground to potential adverse environmental effects. Some residents are concerned an unpleasant smell could permeate nearby residences and recreational activities.
Daily said during public hearings at the time he felt the commissioners passed an illegal ordinance that mainly affects his farm operation and limits what biosolids he can use.
“If this gets to the point where I cannot bring in enough biosolids to meet what area I want to fertilize, I think the only option we have at that point is to file suit to try to challenge the ordinance,” Daily said shortly the two ordinances were approved.
The other ordinance requires every request to build a biosolids storage facility to go to the county’s Board of Zoning Appeals (BZA) to request a conditional use permit. Permits will be considered on a case-by-case basis after a public hearing, it states.
Biocycle is contesting several other things, Bartholomew County Attorney Jim Shoaf told the commissioners earlier this year. But the county attorney said public comment on the case should be limited until a judge is selected and a time frame is established for the court proceedings.