MIDDLETOWN, NY-Construction on a waste-to-ethanol conversion facility here that is estimated to cost well in excess of $100 million could get underway by as early as this spring. According to company officials the facility has long-term waste disposal commitment from 24 Orange County municipalities.

Tim Judge, project manager for Masada OxyNol LLC of Birmingham, AL says the project has received all the necessary approvals from federal and state regulatory agencies. However, he confirms that an Article 78 proceeding is pending in New York State Supreme Court in Albany against the New York State Department of Environmental Conservation. The suit, filed by a neighboring property owner, seeks to have the DEC permits for the plant overturned.

Ruling on that case is expected shortly. Richard Guertin, corporation counsel and Commissioner of Public Works for the city says that at a hearing on Feb. 2 the court seemed “to be leaning toward the DEC’s position.” Barring an unfavorable ruling in state court, Masada’s Judge said “We thoroughly expect to break ground later this spring.”

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