Letter – Biogas suit continues
Published 5:09 pm Friday, September 6, 2024
Editor, The Smithfield Times:
Thanks to The Smithfield Times for reporting on local news of our rural communities. The news reporting provides an important role in Surry County where there are limited ways for citizens to learn about good and not-so-good news of happenings in the area.
I read the article titled “Surry biogas plant operational” (Aug. 28) and wanted to provide more details and clarification on the topic. In 2022, I had concerns about the notice deficiencies and the location selected for the biogas plant. It is in an area that is densely populated in our county.
Having worked for a large swine corporation that captured methane in the 1990s, I knew of the potential of the plant disrupting the residential lives of the citizens in close proximity. I filed a petition concerning the notice deficiencies in the Surry Circuit Court. The court ruled that I did not have standing due in part to my concerns being speculative. My concerns are no longer speculative.
The plant appeared to have been completed earlier this year and tested periodically. The week of Aug. 12, the plant operated 24 hours a day. The low-level industrial hum could be heard clearly on neighboring properties and at times in our homes. It is a noise that would not be disruptive in a noisy urban setting, but will make it difficult to live in a quiet rural area. The constant hum makes life miserable and has to be solved.
It is not unusual for the local circuit courts to favor corporations and local governments in challenges to notice deficiencies. Thus many times these cases have to be appealed to the Court of Appeals and the Virginia Supreme Court. At the present, the case has been appealed. Thus this case is far from over. It is simply working its way through the appellate process, which can take time.
In the interim, I hope the county and the biogas folks will listen to the citizens, solve the noise issue, and keep more legal actions from having to be filed to protect the property rights of surrounding citizens. This disagreement will not end until Surry County, Dominion Power and Smithfield Foods treat the neighbors to the biogas project as if we matter!
Michael Drewry
Wakefield