Simpson County fiscal court votes to prohibit biodigesters after debate over health and legal risks

Simpson County Fiscal Court on April 1 voted to accept the Planning & Zoning Commission's recommendation to prohibit biodigesters across the county after residents and officials debated potential health, nuisance and legal impacts.

County Judge/Executive Mason Bames urged the court to adopt the prohibition, saying the county "has to decide about what we want and don't want in our community" and that officials should not "run away from fear of a lawsuit." Bames made the motion to adopt P&Z's option two; the motion was seconded by Myron Thurman and recorded as approved by the court.

County Attorney Sam Phillips, who advises the court on legal risk, said he did not believe a full prohibition was the safest legal path and favored a restrictive regulatory approach instead. "My job is to look after this body and the people of Simpson County from a legal standpoint," Phillips said, warning a prohibition could expose the county to litigation and uncertain coverage under county insurance or county associations referenced in the discussion.

Planning & Zoning staff presented two alternatives: allow biodigester activity in agricultural or industrial zones under specified conditions, or prohibit the activity countywide. P&Z voted to recommend the prohibition. East Magistrate Marty Chandler told the court he opposed a hybrid approach that would prohibit biodigesters while carving exemptions, saying a clear prohibition should not include conditional exceptions.

A resident who spoke during public comment said the proposed site was close to her home and described concerns that odors, air pollution or construction could trigger migraines for her daughter, who has a traumatic brain injury. Judge Bames told the commenter the specific project that prompted the discussion had been removed and that the vote addressed future policy.

Tammy Carey told the court the small-scale exception under discussion was intended to allow standalone digesters on dairy farms to process farm manure and noted small systems have begun appearing on septic systems in some places. Public Works Director Bobby Groves asked for clarification on language in section 5 of the proposed rule; the minutes show the county attorney was asked to coordinate wording with the city attorney because the change will be presented to the city as well.

The court approved P&Z's recommendation (motion by Thurman, second by Poston; recorded vote: Yes-All). The minutes record concern from the county attorney about potential legal exposure should the county adopt a broad prohibition. The record also notes that the question of liability coverage from local county associations (referred to in the meeting as "KaCo") factored into the county attorney's recommendation to consider restrictions rather than an outright ban.

The court did not set an implementation date in the meeting minutes; County Attorney Sam Phillips was asked to assist with ordinance/resolution wording and to coordinate review with the city attorney before any text is finalized.