BROWNSTOWN — A special judge is weighing whether to dismiss a lawsuit challenging a Bartholomew County ordinance restricting out-of-county biosolids.
Jackson Superior Court 1 Judge Amy Marie Travis, who is serving as special judge in the case, took the motion under advisement following a hearing on Monday in Jackson County.
In the motion, the commissioners argue, among other things, that they did not exceed their regulatory authority when they approved the measure last year, according to court filings.
The ordinance bars the import, storage and application of biosolids originating outside of Bartholomew County unless it is processed by Columbus City Utilities’ wastewater treatment plant.
Biosolids are organic materials produced during the treatment of human sewage at wastewater treatment plants, according to the Indiana Department of Environmental Management.
The lawsuit, filed by Biocycle LLC in February, alleges that the ordinance unfairly restricts its business, caused potential partners to back out of deals and gives unjust preferential treatment to local biosolids, according to a copy of the complaint. The company is seeking, among other things, an injunction barring the county from enforcing the ordinance.
While state environmental regulators issued Biocycle a permit in July 2024 to accept biosolids and industrial waste at a facility southeast of Columbus, the company had yet to receive any as of June, according to records with IDEM.
“Potential contractors have terminated negotiations with Biocycle because of the ordinance,” Biocycle states in the complaint.
For their part, the commissioners have argued in court filings that, among other things, municipalities have broad authority under state law to its affairs, including regulating biosolids.
The commissioners further contend the ordinance does not conflict with the permit issued to Biocycle and that the lawsuit should be dismissed for failure to state a claim.
“The language of the permit itself … confirms that the ordinance does not conflict with anything the state has approved,” the commissioners state in court filings. “It expressly regulates the application of biosolids to land in various counties, not the import or processing of biosolids from other counties into Bartholomew County. The permit does not purport to regulate or authorize where Biocycle sources its biosolids, so there is no conflict.”
According to a July 16 notice of decision from IDEM, Biocycle LLC’s permit allows it to “accept biosolids and industrial waste products at their storage structure in Bartholomew County for blending and to land apply the blended biosolids and/or industrial waste products to agricultural land in Bartholomew, Decatur, Jackson, Jennings, Johnson and Shelby counties.”
County officials say public concerns range from other counties using Bartholomew as a sewer sludge dumping ground to potential adverse environmental effects. Some residents are concerned an unpleasant smell could permeate nearby residences and recreational activities.
Bartholomew County Commissioner Larry Kleinhenz said previously the commissioners intend to “protect our citizens against the hazards” of out-of-county biosolids but said he was unable to comment further, citing the pending lawsuit.
“We did pass an ordinance in 2024 prohibiting import and field applications of out-of-county biosolids generated in other counties,” Kleinhenz said. “Our intent is to protect our citizens against the hazards of such. I cannot comment further as advised by counsel.”
Claims made in filing a lawsuit represent only one side of the case and may be contested in later court action.
