XENIA — The owner of the controversial biodigester in Bath Township must pay $635,000 plus attorney fees as part of a class action lawsuit filed by residents.

Dovetail Energy LLC was ordered to deposit the money into a common fund and permanently close the Herr Road biodigester, which it has already done.

According the settlement of the lawsuit — filed in December 2020 — a one time lump sum of no more than $10,000 will be paid to each of the named class action representatives. Unnamed owners/occupants/renters who resided in the settlement area at the time will also get a share of the settlement.

Built in 2013, the biodigester used a sealed anaerobic digestion tank to produce methane that is used to generate electricity.

The facility was the source of nuisance odor complaints since 2015 and in 2019 citizens began reporting odors through the Smell My City app, which can record odors by way of location, intensity, description of smell, linked symptoms, as well as additional notes. Since residents began using the app, more than 8,000 nuisance reports have been made.

It was the subject of two lawsuits in addition to complaints from residents.

In April 2022, a lawsuit filed by the State of Ohio against Renergy and Dovetail energy alleged that the two entities were allowing the organic waste processing facility on Herr Road to emit ammonia without a permit. That case was settled with a consent order and final judgment entry.

Shortly after the state lawsuit was filed, the City of Fairborn and Bath Township filed a federal lawsuit against Renergy and Dovetail and the Ohio and United States environmental protection agencies.

The lawsuit alleged that Renergy and Dovetail violated the federal Clean Air Act by allowing the biodigester to emit significant quantities of ammonia without applying for and obtaining an air pollution permit, without controlling the ammonia emissions with the best available technology, and without following the mandates of Ohio’s air toxics law. Ammonia is an air toxic contaminant in Ohio.

Reach Scott Halasz at 937-502-4507.