Big Ox Energy Gas-from-Waste Facility Noxious Odors Class Action

It’s possible to make energy out of waste materials. Big Ox Energy, LLC has a facility for doing just that in South Sioux City, Nebraska. However, the complaint for this class action claims that Big Ox’s facility is not properly maintained and operated, causing noxious odors to escape into the surrounding community. 

The class for this action is all owner-occupants and renters of residential property located in the geographic area outlined in Figure 1 in the complaint. 

The facility is an anaerobic digestion bio-energy facility that uses two digesters, DG1 and DG2. The digesters perform biological processes which use microorganisms to break down biodegradable material from industrial food and agricultural waste (such as manure). One of the results of this process is biogas, which can be processed into renewable gas. 

A facility like this needs to take care that odors do no escape into the surrounding areas. The complaint says, “A properly operated, maintained and managed facility of the sort Defendant operates will collect, capture and destroy odorous compounds” but apparently this one does not, or at least does an inadequate job of it. The complaint claims that area residents have complained frequently and that the Nevada Department of Environmental Quality (NE DEQ) has served the facility with more than one Notice of Violation.

The complaint claims that Big Ox has failed to install and maintain technology that can adequately control its odorous emissions in a number of ways. 

• It has failed to maintain, operate, and/or install DG1 and DG2 properly so as to limit odorous emissions like hydrogen sulfide.
• It not properly monitored its pressure relief valve to prevent biogas from being released.
• It has failed to prevent the release of noxious odors through the doors of its receiving bay.
• It has permitted DG1 and DG2 to overflow.

The NE DEQ Notice of Violation of August 16, 2018 cited similar problems. For example, it noted that hatches on both digesters were open and releasing hydrogen sulfide. Also, specific parts of the digesters, including the centrifuges, mixer, pH and temperature probes, and a section of the roof were not maintained properly. There were also problems with data and sensor integrity for the pressure release valve. Finally, overflows from both digesters had been “ongoing” since May of that year.

The complaint accuses the company of nuisance, negligence, and gross negligence.

Article Type: Lawsuit
Topic: Environmental
Tags: Bad Odor, Energy, Nuisance