Ohio County court directs county attorney to draft ordinance regulating biodigesters

The Ohio County Fiscal Court voted in February to ask the county attorney to prepare an ordinance regulating biodigester (anaerobic digester) activity in the county, the court chair said.

A commissioner moved to authorize the county attorney to draft the ordinance. Commissioner Adele Bennett seconded the motion; the court recorded a roll call and approved the directive. The court chair said the drafting step is preparatory: commissioners will receive the draft, study it and bring it back to the court for formal consideration at a first and second reading.

At the meeting commissioners listed topics to include in the ordinance: identification and study of candidate land, signed authorizations from landowners where digestate (nutrients/manure) would be applied, nutrient-management application procedures, and site-specific proposals for where digestate would be spread. The chair and commissioners said the draft would identify who administers permits and performs enforcement, and that the court would have opportunity to review the draft before any vote.

The court emphasized that preparing the ordinance is the start of a process, not final regulatory action. The chair stated there would be additional study and that the public and commissioners would be able to review materials prior to a first reading. Commissioner Bennett said she would second the motion and that the court would see the draft before it comes back for a vote.

Next steps: the county attorney will draft the ordinance and the court expects to distribute the draft to commissioners for review before scheduling readings and a public hearing.