Company wins court battle to use solid waste as fertilizer in Grafton Twp.

A company looking to fertilize its Grafton Township tree farm with treated solid waste is allowed to do so over the objections of township officials, a Lorain County judge has ruled. Grow Now LLC's intent to use biosolids to fertilize its proposed tree farm is an approved agricultural use and not subject to township zoning regulations, Common Pleas Judge Christopher Rothgery ruled. Grafton Township "has provided no evidence to support that the use of this land is not for agriculture," he ruled in a case brought by the township last year. The Lorain County Prosecutor's Office represented Grafton Township in court. "We are evaluating our options with our client," Chief Assistant Prosecutor Leigh Prugh said in an email, declining further comment. A message seeking comment on the ruling was left for attorney Gary Pasheilich, who represented Grow Now. The Prosecutor's Office on behalf of Grafton Township filed a legal action in 2024 asking Rothgery to rule that the "intended disposal of sewage sludge is not an agricultural use" under Ohio law. It asked him to issue an injunction against Grow Now forbidding the disposal of "sewage sludge" on Grow Now's nearly 150 acres of property. Grow Now applied to the Ohio EPA in November 2022 for a land application management plan, or LAMP, to dispose of treated biosolids. Approval was given in April 2023 for Grow Now to apply the sludge in trenches, cover it with topsoil and grow trees for harvest and conversion to biofuel. Faced with community opposition to the plan, Grafton Township argued in court that disposal of sewage sludge is not an agricultural use and is governed by township zoning. Grow Now responded that there was no evidence it would get involved in the prohibited disposal of sewage sludge on the property and that it had permission to use biosolids for fertilizer. A tree farm, which is an agricultural use, is not subject to Grafton Township zoning regulations Grow Now argued, and Rothgery agreed. Township officials testified the property was intended to be a tree farm, and they were familiar with using biosolids as fertilizer, he wrote. "If the land is being used as a 'disposal ground' for biosolids, it is subject to Grafton Township's zoning requirements," Rothgery wrote, siding with Grow Now. "If the land is being used for agricultural purposes, i.e. growing trees, it is not." Grow Now is a subsidiary of Quasar Energy, based in Independence. Citing concerns about offensive smells, alleged pollutants, water quality, traffic and the effect the planned business would have on their property taxes, Grafton Township residents have opposed Grow Now's plans for more than two years. Several public meetings with township and state EPA officials drew 100 or more residents each in 2023. At those meetings, EPA officials and township trustees said there wasn't much they could do to stop Grow Now's plans as long as they complied with regulations. "The concerns of Grafton Township that the property will actually be used as a landfill seem to be largely based on rumor, fear and speculation from residents," Rothgery wrote. "There is no actual evidence that that is the case." Grow Now bought 85.5 acres from the Sauter family for $680,000 and 61.4 acres from Igors Pricinovskis for $500,000 in 2022, according to county property records. The nearly 150 acres property is at the northwest corner of state Route 83 and Law Road, and Biogas and fertilizer for energy generation and farming will be made from hybrid poplar trees grown on the property. The trees are mulched and mixed with other organic waste in anaerobic, or oxygen-free, digesters. The digesters break down the organic matter to create a methane-based biogas that can be burned to produce electricity or heat. Because of Grafton Township's legal action, no trees have yet been planted and therefore no violations of the permitted use have occurred either, Rothgery wrote. While the method Grow Now intends to use to grow the trees is unfamiliar, Rothgery ruled that it isn't forbidden. Grow Now would risk losing its permits if it violated the terms and conditions set by the Ohio EPA and possible zoning violations from the township, he wrote. "No party has presented any evidence that the Grow Now property will not be used for agricultural purposes," Rothgery wrote. "While the deep trench method of planting may be novel for the area, it is a recognized method of planting and one which has been permitted in other places in the state of Ohio." Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.