CLEAN Questions

The following are questions being asked of Newark officials by Citizen Leaders for Environmental Advocacy in our Neighborhoods. CLEAN wants assurance that the ethanol plant proposed for Newark will be clean, safe, and quiet - pretty much what any family would want to know about a neighbor who would build something close by.

Representatives of that group, other interested persons, and city officials have met twice to deal with specific issues. CLEAN has followed up with an e-mail to the city, asking for written responses to 15 questions. Except for questions numbered 3, 4, 5, and 7, which I consider rhetorical and/or impossible for anyone to answer, here they are.

1 - ... It would make sense for the city to conduct both an environmental impact study as well as an economic impact study to ensure the public health, safety, and economic success of the city. Will the city fufill its commitment to the health, safety, and quality of life to the residents of this area and commission these studies?

2 - The city stated that E85 would be responsible for the cost of any damages to a resident. In the event that an accident occurs, and the plant becomes inoperable, will E85 have the financial ability to pay for damages and costs incurred by residents? What will the procedure be and how long would it take to be compensated for damages? How would E85 and the City of Newark deal with potential litigation following an accident?

6 - Will the city develop a plan to ensure that residents do have a safe area to go to if an accident occurs?

9 - What would the city deem as a reason or reasons to not allow E85 to build the proposed ethanol plant?

10 - Several council members have stated that if they vote against the proposed zoning, the city would be open to litigation by not approving the zoning change. Will city council be able to vote based on the concerns and objections from residents and voters in Newark ...?

***The following questions come from the Performance Standards (Article 140) from the Newark City Zoning Code:***

11 - In reference to Odor (Articlel40.8): "No malodorous gas or matter shall be permitted which is discernible on any adjoining property, with the exception of appropriate use of agricultural fertilizer in an agricultural district." How can the city consider zoning for a polluting, odor causing industry adjacent to residential areas?

12 - In reference to Fire or Explosion (140.2): "Noise, which is objectionable, as determined as determined by Ordinance of the Newark City Council, due to volume,frequency, or beat shall be muffled, or otherwise controlled as to not affect adjoining and surrounding property." We have been told that the proposed ethanol plant will produce noise. What city ordinances are currently in force to control industrial noise? If none exist, is Newark City Council considering an ordinance to regulate the noise from the proposed plant that would be adjacent and very near heavily populated residential areas?

13 - In reference to Noise (140.5): "Any activity involving the use of flammable or explosive materials shall be protected by adequate fire-fighting and fire-suppression equipment and by such safety devises as are normally used in the handling of any such material." From the comments from the fire chief at the last public meeting, it would appear that the financial investment to purchase safety devices normally used in an ethanol related accident has not yet been made. What are the city's plans to purchase safety devices used to deal with an ethanol explosion, what will the cost be, and where will these funds come from?

14 - In reference to Smoke and Air Pollution, (140.7): "Any discharge into the air shall be controlled and regulated by any appropriate State and Federal rules and regulations, specifically including those promulgated by the Environmental Protection Agencies, and by City Ordinance." The current understanding is that E85 would monitor its own emissions, and that the EPA would not become involved until complaints were made by residents. What current city ordinances are in place to monitor emissions from polluting industry? If there are none, will the city council put an ordinance in place to control the pollution emitted by E85?

15 - What are the future steps including city meetings, permit applications, zoning, as well as answering the concerns of the public will the city take?