Milton ethanol plant doesn’t have permit to revoke
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MILTON A court case that vexed United Ethanol two years ago could be protecting it, for now, from punitive action by the city of Milton.
The plant was up for discussion at a plan commission public hearing Monday to determine whether it violated its conditional-use permit by emitting objectionable odors.
But as it turns out, the plant doesn’t have a conditional-use permit covering most of its operations, plant attorney Dan O’Callaghan said.
The city issued a conditional-use permit to the plant in 2005, but that permit was declared null and void by the court when it declared Milton held too many closed meetings in reaching an agreement with United Ethanol, O’Callaghan said.
Instead of creating a new conditional-use permit, the city made the conditions of that permit part of its developer’s agreement with United Ethanol, he said.
“The plant doesn’t have a conditional-use permit,” O’Callaghan said. “I don’t want that to come to a shock to many, but I fear it does.”
Ironically, the city council cited United Ethanol as the reason it created an ordinance in May giving the city the power to change or revoke conditional-use permits.
City Attorney Mike Schroeder cited the 2005 permit in a memo to the city council in February, when the council first discussed creating the ordinance. He wrote that the permit required the plant to follow Department of Natural Resources regulations, including avoiding objectionable odors.
The memo did not mention that the permit was not valid.
Because that permit was declared null and void, the only conditional-use permit the plant has is the one covering its carbon dioxide-recovery facility, O’Callaghan said. The facility doesn’t produce emissions or cause odors, he said.
City Administrator Todd Schmidt said the city has a duty to make sure that’s true because council member David Adams submitted a complaint alleging the plant was violating its conditional-use permit.
Even if the conditional-use permit doesn’t apply, the plant could still be violating city ordinance that prohibits noxious, offensive or unhealthful odors, Schmidt said. It also could be violating its developer’s agreement that says it must abide by DNR regulations.
But plan commissioners said they don’t know if they have jurisdiction over city ordinance or developer’s agreements.
“We’ve never had anything like this, and I think we’re asking for further legal opinion,” commission member Sue Larson said.
Schmidt said he will research the issue and get back to the commission at its Oct. 12 meeting.
“I feel the same frustration as you do, and to some extent we as staff are working through the new CUP ordinance,” he said. “There’s going to be things we learn from the process, and I thank you for sitting through that learning procedure.”
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The actions of the Milton Plan Commission on Monday centered on a technical argument about United Ethanol’s conditional-use permit or lack thereof. But the most passionate testimony came from plant neighbors and employees arguing about odors and emissions at the plant.
Here is some of what was said:
“I just want to reiterate the fact that we are very concerned about plant operations ... We strive every day to do the best job we can there …
“Our plant smells the same as any other ethanol plants ... That’s part of the manufacturing process.”
David Cramer, United Ethanol president and CEO
“We just want the odors stopped so these people can enjoy their homes … I don’t believe any member of the city council or the plan commission would attempt to put a price on the health and welfare of its residents.”
Council member David Adams, who filed the complaint about odors that triggered the public hearing.
“There have been many days when we’ve been outside and it’s been hard to be out there very long because it does cause headaches or a queasy stomach.”
Ginny Goodman, plant neighbor
“The odors are acidic. They burn your throat, they burn your eyes, they burn your nose. They make your voice raspy.”
Peggy Peterson, plant neighbor
“I think this is a great concern, and that’s what we’re here for, but it’s just completely subjective what we’re talking about here. What’s a nine (on a scale of one to 10) for somebody is a one for somebody else ... A lot of people have major health problems ... I don’t think the findings show that these health problems are coming from our plant.”
Justin Wiegel, plant employee. Wiegel was one of dozens of plant employees and supporters who came to the public hearing, but few spoke.
“You lie.”
John Dorn, plant neighbor, near the end of Wiegel’s speech. The interjection sparked chuckles and mumbling around the room.


Sep 28, 2009 at 1:18 a.m.
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America,
Thanks for the thoughtful response. You're thinking is nicely described, but ultimately flawed.
1. You refer to www.ethanolrfa.org as a creditable source; Sir, that organization is a registered lobby group for the Ethanol industry, with their board bios note that they all work for ethanol producers. If you give them credence, your objectivity is certainly questionable.
2. E85 as a Fad. You quote production numbers, and hint at the last bluff of the Ethanol industry to push for EPA ok for E85. Perhaps you could read a few scientific sources, that instead of dealing with the marketability, IE hope of business to profit from Ethanol, they've looked at the facts, and realized that Ethanol is a, ahem, pipe dream:
Even the right standard bearer, the Wall Street Journal noted that the biofuels trade is going bust: http://online.wsj.com/article/SB12513357... And, strange that you didn't note the declining price of United Ethanol stocks; lots still available if you're interested....
3. Conditional Permits; The fair city of Milton may not have the proper permitting structure in place, but perhaps you've heard of the Clean Air Act? If UE has been breaking the law, regardless of the permit structure of the local government, they should be taken to account.
4. Nice Red Herring; comparing one industry to another failed industry - we're you trying to make a reference that UE will fail like GM due to their disregard for the environment, and their employees? If not, I surely don't get your point.
5. Chemicals; all chemicals can be deadly at a concentrated rate. You note Acetaldehyde; here's what the science says: U.S. EPA classification of acetaldehyde (EPA Group B2) as a probable human carcinogen. The U.S. EPA bases this on "adequate evidence for carcinogenicity in animals and adequate evidence in humans."
And, if you are still happy with this chemical, consider:
"Acetaldehyde, an inhibitor of mitochondrial function, has been widely used as a neurotoxin because it elicits a severe Parkinson's disease-like syndrome with elevation of the intracellular reactive oxygen species (ROS) level and apoptosis"
www.sciencedirect.com
6. Yes, the poor American Lung Association. They seem to have succumbed to the Siren or Cash call of embracing ethanol. Green washing is common in the Environmental world, and now it looks like ALA is selling out to a few donors, lobbyists, or board members. No respectable non-profit would ever so blatantly step into a political issue.
Sep 24, 2009 at 10:24 p.m.
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God bless America. Well said!
Sep 24, 2009 at 8:32 p.m.
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I've read all of the below comments; and I have a few points to make for many.
MadeinUSA: water usage to produce ethanol gets better and better every year as technology improves. This Web site (http://www.ethanolrfa.org/policy/positio...) always has the most up-to-date numbers relating to ethanol and comparing it to other manufacturing processes. They work with very reputable testing and statistics companies to get these numbers, too. In addition, I'm fairly sure many ethanol production facilities have equipment to reuse water.
Napalm: You mentioned E85 is a dying fad. Janesvillean is correct, ethanol production and usage continues to increase every year. In 2008, ethanol production totaled about 9 billion, up about 3 billion from the year before. In addition, this production contributed $65 billion to GDP, added $20 billion to household income, and replaced the need for 321 million barrels of imported oil. In my mind, those are some great statistics.
garyprimer: In my readings, I believe I read at one point that United Ethanol doesn't have a conditional use permit because their zoning area doesn't require it.
GhostofGoodrich: You talked a little about emissions, an important topic. However, I couldn't help put laugh at a comment you made, "so breathe deeply Janesville." About a year ago, I reseached emission levels from other industry in the area of United Ethanol to compare. The GM plant in Janesville had 10 times the emissions United Ethanol does. That doesn't include all the emissions from manufacturing facilities associated with the GM plant. In additon, some of the emissions people keep talking about in conjunction with United Ethanol can be found in common ordinary household food, etc. Acetaldehyde is a good example; it's found in fruit, coffee, bread, and plants. Also, a highway is being constructed around the city of Milton, have you ever done the research on tailpipe emissions. Check with the American Lung Association (ALA) of Wisconsin, they'll fill you in. In fact, the ALA is a strong supporter of E85 and ethanol.
Thank you for reading.
Sep 24, 2009 at 6:45 a.m.
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boosmaker is employed by UE so of course he is not going to say anything that makes the plant look bad. If the goverment would cut off the funds these plants would be gone as soon as they could drain their tanks. Also 4 people complained,to me thats four too many for a plant that said they were going to be good neighbors. Boosmaker could have been a nazi prison guard "its only 4 what can that hurt" as he herds them to the gas chamber. Also the planning comission said even though they could not do anything they still felt there was a problem that needed to be addressed. Let the fun begin this is just the beginning.
Sep 24, 2009 at 5:25 a.m.
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boosmaker, ethanol is definitely subsidized. First Congress mandates how much corn based ethanol must be blended and then they give a 45 cent per gallon blenders credit to make it happen. If there was no blenders credit given it would be unprofitable for blenders and they wouldn't do it. To keep US corn based ethanol insulated from the pressures of the world market, they slap a 45 cent tariff on all but a small amount of ethanol that gets imported. Plus there is a $1.5 million tax credit available to United Coop, which is the majority owner, since they are farmer owned. So ethanol is definitely subsidized as are many other industries, including the petroleum industry.
Sep 23, 2009 at 10:29 p.m.
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Denaturant is added to ethanol to make it nonconsumable by the population. The ATF controls alcohol,firearms with anything that explodes, and tobacco to make sure that it's a legal sale. Ethanol can be consumed without additives such as denaturant. If you do not denature you have white lighning or moonshine. Usually denaturant is a low grade fuel source such as a natural gasoline blending agent. Newsread you are right about federal mandates although there are zero subsidies given to the ethanol industry. If the ethanol plant doesn't make money it shuts down just like any other manufacturing facility which is the reason that several have already shut down as well as brand new plants that are now sitting idle. Corn and utility prices also have alot to do with this.
Sep 23, 2009 at 7:04 p.m.
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SwissChick: The denaturant added is to comply with ATF. Your chemist is wrong as can be! Do you know what denatureant is? Wow people, learn your facts before you make a fool of yourself.
Sep 23, 2009 at 2:21 p.m.
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It has been interesting that some days when the neighbors complain, the plant has been in a planned shut down. Is this a matter of complaining for the sake of complaining?
Sep 23, 2009 at 11:47 a.m.
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Not to Date myself, but this looks like a good place for a Stick-Up.
(for you youngsters, that is an air deodorant)
Sep 23, 2009 at 11:29 a.m.
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boosmaker - I've also been told by employees at UE that have gone to check out her odor concerns and they have said that her stagnant pond odor in her backyard would drop a rat.
Sep 23, 2009 at 11:26 a.m.
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Actually, they have denaturant from a chemical company delivered and mixed to get rid of the alcohol content, or so I've been told by a chemist.
Sep 23, 2009 at 10:47 a.m.
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Ethanol is the same alcohol that is present in distilled spirits and alcoholic beverages. They are producing high quality corn squeezin's just like the moonshiners. That is possibly one reason why they mix it with gasoline to discourage human consumption. If they sell it in a pure form as a fuel, they will have to adulterate it with chemicals that make it undrinkable.
Sep 23, 2009 at 10:44 a.m.
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newsread5- and you think coal, gas, and oil aren't subsidized? How would they do if they were not? My gas has up to 10% ethanol every time I pump, and it's cheaper than 100% gasoline, too. My cars run just fine.
On another note, so now that this business has no permit to revoke, what is next? Are they in compliance with clean air regulations? How about clean water regs? Are all businesses in Milton in compliance?
Sep 23, 2009 at 10:38 a.m.
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If the zoning ordinance requires a conditional use permit for all or non-specific uses, the plant cannot operate without a valid permit. The fact that an approved permit was declared invalid does not absolve the operator from the obligation to obtain a permit. It is not the city's responsibility to provide a permit, it is the owner's responsibility to obtain one from the planning commission.
Sep 23, 2009 at 10:33 a.m.
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Janesvillean: Ethanol would definitely be a failure "in the market". It is only viable because of the massive federal subsidies and mandates set for use.
Sep 22, 2009 at 11:58 p.m.
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Just when Milton is on the cusp of a symbolic victory, poor Todd Schmidt gets outclassed again. Hard to tell whether Mr. Schmidt and the Milton Council are over their heads, or in kahootz.
And yes, that nice bread smell isn't yeast; it's formeldahyde, like they keep dead frogs in; and a known carcinogen. So breathe deeply Janesville, it may smell fine by the time it reaches you, but what does prolonged exposure do? Who knows, not the DNR, that's for sure! I wonder why Dave Cramer, CEO lives out in Baraboo...where they first tried to build but were stopped by active, and effective civic leaders.
Maybe not a completely dead fad, but the over exuberance of ethanol has hit a tipping point. Just check out the United Ethanol Stock; down from $50 a share to $9.00. www.alerusagstock.com
Plus, just google Ethanol and Bankrupt; the plains are littered with closed plants. If Wisconsin overturned any of the numerous subsidies we offer (IE we're all forced to buy it at the pump - not so in IL or IA!) you can file the Milton plant into oblivion.
Sep 22, 2009 at 11:38 p.m.
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A dying fad? It's gone up every year since 1996.
http://www.data360.org/graph_group.aspx?...
http://bit.ly/3rJANi
.
I have my own quibbles about ethanol, but you cannot say that it's a failure in the market.
Sep 22, 2009 at 11:13 p.m.
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One day Virginia Goodman called to complain about the smell from the ethanol plant. That same day she was burning leaves in her back yard where she said the smell from the plant was disturbing her lifestyle. I wonder why she didn't bag her leaves considering she is so particular about the air quality and odors around her home. Or is she just upset at the city for not asking her if it's OK to bring in half a million dollars a year in revenue to the Milton community . But lets not leave out the scholarships that have been provided by United Ethanol to the surrounding communities. What a terrible industry.
Sep 22, 2009 at 9:25 p.m.
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6000 residents in Milton and 4 had something bad to say. 2 individuals have way to much time on thier hands. Get a job! Sell Avon or something. Get a life and stop screwing with the local economy as well as local peoples jobs and lives. Stop eating pizza and Mcdonalds and eat more CORN.
Sep 22, 2009 at 8:04 p.m.
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Way to chase out more jobs. I really think people want other people to be unemployed and poor. Keep the poverty cycle going. Milton is almost as bad as Janesville.
Sep 22, 2009 at 5:31 p.m.
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Pete - Tell me more. When I worked at Burdick in Milton we had a huge problem getting engineers, and moving closer to Madison (Deerfield) was the solution. I don't remember a blacktop issue, but that was a over ten years ago.
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