Sharon Township, Ohio-The Medina County attorney’s office has indicated it will appeal the Licking County Court of Common Appeals’ dismissal of its case to prevent operation of a 12,000 gallon anhydrous ammonia tank the township has been opposing for months. Common Pleas Judge David Branstool issued his ruling April 13, noting the township lacked standing to pursue its litigation in seeking an injunction not only restraining the Ohio Department of Agriculture (ODA) from approving the operation of the tank, but also requiring removal of all existing tanks from operation on farms across the entire state. At the time of the complaint 71 permanent anhydrous ammonia tanks were in operation under properly issued permits, none of which were connected with Sharon Township. In his ruling, Judge Branstool stated, “There is nothing in the statute to suggest that the current regulations are insufficient or unreasonable.” ODA, which had voluntarily agreed not to issue a permit for the tank before the court handed down its decision, reviewed the tank on April 15, found it to be properly installed, and issued a permit to operate to its owner. ODA spokesman Andy Ware reported that the owner had installed some additional security devices to present tampering. “With that we went ahead and issued the permit to operate.” The township trustees had objected that there is no limit to the size of ammonia tanks, nor is a background check required of the installer or consideration given to the township’s ability to respond to a chemical release. Ware added that Medina County has gone ahead with an appeal to the Fifth Appellate District, and that ODA has responded with a memo of opposition to the motion for an injunction. No one in the Medina County attorney’s office was available for comment.
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