WHEATFIELD – State Supreme Court Justice Frank Caruso Thursday scheduled arguments for June 25 on the Town of Wheatfield’s effort to dismiss a legal challenge to the town’s ban on use or storage of biosolids.
Town Attorney Robert J. O’Toole said that during the next two months, the sides will be preparing and submitting legal briefs regarding the town’s motion to dismiss the lawsuit filed late in 2014 by Quasar Energy Group, under its local business name of Sustainable Bioelectric.
The company, which operates an anaerobic digester in Liberty Drive in Wheatfield, filed suit, contending the town law banning the use of the byproduct from the process as fertilizer exceeds the town’s legal authority. The byproduct, called “equate,” results after a month-long treatment of food waste and sludge from sewage treatment plants by microbes which turn most of the material into methane gas, which Quasar uses to produce electricity or compressed natural gas.
The town passed the ban after months of public agitation against the use of processed human waste on farm fields.