By Gregg Hoffmann
Sparta – Century Foods International has notified the developer of the planned Sparta ethanol plant it plans to file a federal lawsuit alleging the plant would violate the federal Clean Air Act.
The 14-page notice from the DeWitt Ross & Stevens law firm of Madison was a prelude to the expected lawsuit in federal court in Madison. Century already tried to stop the ethanol plant in state circuit court and lost.
The state Department of Natural Resources issued a permit July 5 for construction and initial operation of the controversial proposed ethanol plant, which would be built near Century Foods’ largest Sparta factory.
Century Foods officials argue emissions from the ethanol plant will contaminate its milk-based products and endanger employees’ jobs. The farmers and other investors in Coulee Area Renewable Energy LLC (CARE) dispute those contentions.
Century Foods attorneys argue the ethanol plant application refers to air emissions caused by truck trips to the plant using Century Court. Century Foods’ parent company, Hormel Foods Corp., owns Century Court and won’t allow CARE to use it.
Century Foods lawyers also argue in the notice the application was for a permit for an ethanol refinery with a capacity of about 57 million gallons a year; although the plant will be able to expand production up to 100 million gallons a year.
The Sparta City Planning Commission will hold a public hearing on rezoning the ethanol plant site during its meeting Monday. The City Council is expected to vote on rezoning the site Tuesday.
Final city approval could come in August, when the commission is expected to consider a conditional-use permit for the ethanol plant.
