By Shelly Ferullo
After years of deliberation by town officials, government agencies and local residents, New York State Supreme Court ruled on Aug. 24, 2015 that Quasar Energy Group has the legal right to store the product Equate in Marilla.
Marilla resident Timothy Scott challenged Sustainable Biopower, parent company to Quasar, on the grounds of the tank being under code violation and the New York State Department of Environmental Conservation for not following proper procedure in determining the safety of the storage site.
Under local zoning code, the storage of liquid manure within one hundred fifty feet property line is prohibited. However, Quasar contends that equate is not liquid manure, but rather a digestate, which contains manure, odor or dust producing substances. Under that same section of code, a structure containing these substances is only required to be set back 75 feet from a property line. With Scott’s property being 125 feet away from storage tank, it was ruled that there is no code violation.
See full story in the September 3, 2015 issue of the Alden Advertiser