MONROE — Two sides recently came to an agreement in a battle that began more than two years ago between county residents and one local business.
A case filed in Green County Circuit Court on March 3, 2017 was just another step in the heated exchanges between Bytec Resource Management Inc. and 11 residents in the Town of Adams. On May 2, lawyers for both sides announced in a joint press release that the lawsuit was settled out of court.
“A settlement that the parties control is far better than placing the decision in the hands of others, and both sides are pleased to have this matter concluded,” Bytec attorney Jordan Hemaiden of Michael Best and Friederich LLP and plaintiffs’ attorney Peter Kind of Monroe-based Knoke, Ingebritsen & Kind Law Offices wrote in a joint statement.
The disagreement began over quality of life concerns by residents near Bytec tanks which hold material collected by company trucks. Bytec is a Monroe-based company which claims specialty in liquid waste management and recycling and is largely used by cheese factories for the removal and hauling of runoff from companies.
There have been three storage tanks at W7512 County C since August 2013. Residents have said that due to the stench permeating from the tanks, they are unable to live adequately. They also said they have continual concern for their health, noting there were questions over whether the tanks held materials other than food waste. Bytec has been fined in the past by the Wisconsin Department of Natural Resources for illegally discharging waste and Kind had argued in past hearings that because Bytec self-regulates, there is a question of trust by nearby residents.
About 91 people attended a public hearing in July 2016 at the Green County Courthouse regarding the issuance of a permit to Bytec. The company owner, Stephan Byrne, was looking to build a 1.8-million-gallon tank at the same location and requested to remove two of the tanks and replace them with one able to hold the same amount of waste. At the hearing, a number of families stepped forward to provide input against the addition. One woman noted she could not hang laundry outside or even have windows open in the spring and summer months though her house is not close to the tanks.
Though the permit was denied then by the Green County Board of Adjustment, Zoning Administrator Adam Wiegel investigated the site as part of an appeal by Bytec and the permit was approved in October 2016.
Jim Weber, the owner of a 700-acre farm along Locust Road which is near the waste tanks, was a plaintiff in the suit between residents and Bytec. He was also the person to file an appeal against the board of adjustment after Wiegel granted the permit.
As a result, he and James and Pamela Scheider and Martha and Richard Ladwig brought a suit against the board for violation of open meetings law in October 2017. The Scheiders and Ladwigs were plaintiffs in the case against Bytec as well. Bytec is an intervenor in the suit against the board and has largely sided with the board’s lawyers in court proceedings so far.
That case remains ongoing.
But this one has come to an end, with the two parties agreeing to settle by making the area better. According to the statement provided by Hemaiden, Bytec “will continue its years-long effort to develop a waste to energy system that would result in the creation of renewable natural gas” and eliminate the odor problem which plagued residents for years.
Byrne noted in a statement that he was glad to see the settlement, noting the company looks to the future in its maintenance of best practices as it continues its connections to agricultural communities.
With the energy system, Bytec will not need the three storage tanks. While the energy system is being implemented, as part of the settlement, Bytec plans to remove two smaller tanks at the site and install a cover and air filtration system on the largest tank, which will remain. Residents like Weber called for such a cover during talks against allowing Bytec to install a new, larger tank at that location. As part of the settlement, Bytec also agreed to make adjustments to its liquid spreading process near neighbors’ land.
Weber referred to the agreement as a “considerable benefit” in the statement and expressed happiness at seeing a resolution. He said settling in a way which allows Bytec continued operation while also helping his neighbors “is a huge win for everyone.”