Planning commission approves Middletown 81 anaerobic‑digester project with waivers, safety conditions and timeline
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Summary
The commission approved a conditional‑use permit for the Middletown 81 anaerobic‑digestion facility (Vanguard Renewables) with waivers to setback and height rules, a maximum digester height set at 70 feet, requirements for Ohio EPA permits, chemical and safety disclosures, and a custom time limit tied to zoning submittal milestones (04/01/2027).
The Middletown Planning Commission on Dec. 10 approved a conditional‑use permit for the Middletown 81 anaerobic‑digestion facility, authorizing limited waivers to setback and height requirements and imposing a set of safety, permitting and reporting conditions.
Staff said the applicant submitted inventories of hazardous and nonhazardous chemicals, two standard operating procedures, and air‑permit applications for other Vanguard Renewables projects in Ohio. Staff recommended that, before city staff recommend a certificate of zoning compliance, the applicant submit a full list of noxious or hazardous matter (including expected biogas components), documentation of safety precautions to prevent hazardous reactions or contamination, and the necessary Ohio EPA permit approvals. Staff also recommended conditions that would keep all waste and byproducts within enclosed buildings or containers, prohibit processing of human sewage and restrict animal waste except manure used for food‑waste processing.
The application proposed deviations from the code's 300‑foot (and 600‑foot where residential exists) setback requirements and sought a height allowance for the digester membrane. Applicant counsel and Vanguard representatives explained the operational model, noted prior installations elsewhere and described the permit timeline; a Vanguard technical witness said truck deliveries at other sites typically arrive between about 6 a.m. and 6 p.m. Applicant counsel requested a waiver to allow a digester membrane height up to 70 feet and asked the commission to authorize alternative time limits tied to permit milestones so that city zoning review can align with Ohio EPA processing times.
After discussion about proximity to residences, mitigation measures and the applicant’s compliance with state permitting requirements, the commission approved the project subject to staff recommendations. The commission explicitly waived setback requirements and authorized a height waiver to a 70‑foot maximum for the digester membrane limited to the configuration presented. The commission also customized the time limit for submitting a certificate of zoning compliance to April 1, 2027, and removed the staff’s proposed truck‑delivery time restriction from final approval (applicant and staff had discussed delivery windows at other sites of approximately 6 a.m.–6 p.m.).
Conditions adopted as part of approval include: submission of a complete chemical inventory and SOPs with the certificate application; documentation of safety precautions and remediation responsibility; receipt of required Ohio EPA permits before city zoning certification; enclosure of all processed waste/byproducts; a prohibition on accepting human sewage or non‑manure animal waste; and a requirement that any physical expansion or additional equipment obtain prior city approval.
Commissioners recorded the approval on a roll call after a motion to adopt staff recommendations with the listed waivers and a custom timeline.
