Sunnyside Ethanol LLC is proposing to construct a nearly $400 million ethanol production facility that will be powered by a waste coal burning plant. The facility will have the capacity to produce up to 80 million gallons of corn-based ethanol each year. It would also produce two byproducts from the ethanol manufacturing process, distiller's grain, an animal food additive, and food grade carbon dioxide.

Council's permission allows the company to begin remediation of a sludge pond at the site of the former Howes Leather Co. in preparation of constructing the plant. The conditions that accompany the approval include:

• the company to make all necessary improvements deemed necessary for the project to Cooper Road, Schofield Street and River Street based on the engineer's review and acceptance of the reports on the pavement and traffic impact studies. The company is also required to provide the borough with a corporate bond in the amount determined by the borough and the engineer, after consulting with Sunnyside, for the required improvements to the highways.
• Sunnyside to enter into a written agreement with the borough for the maintenance, repair and replacement of Cooper Road, Schofield Street and River Street, which will be utilized for transportation to and from Sunnyside's property. Schofield Street and River Street's maintenance will be in proportionate use for the project.
• a fully executed soil erosion and sedimentation control plan to be in full compliance with the state Department of Environmental Protection's permit relating to the discharge of storm water from construction activity.
• the Curwensville Zoning Hearing Board grants variances requested by Sunnyside for parking spaces and fence height.
• Sunnyside provides all easements required by the borough and its engineer.
• Sunnyside shall formally dedicate property for a Cooper Road right-of-way if the borough deems it necessary.
• the company's land development plan will comply with the borough's code and ordinances unless specific variances are approved.
• all issues in the engineer's letter are addressed to the engineer's and the borough's satisfaction.
• the company makes an additional deposit in the amount of $19,000 by Monday and any other deposits requested by the borough to cover the cost of review fees incurred by the borough. If the cost exceeds the amount paid Sunnyside will reimburse the borough within five business days.
  Sunnyside officials paid the $19,000 deposit following last night's borough council meeting.
• at the time of the application for the building permit, the borough's engineer will conduct a review of the soil erosion and sedimentation control plan to insure conformance to the approved plan. Submitting the building permit application is not conditioned to the satisfactory completion of the plan.
• no construction, including but not limited to the demolition of existing structures and excavation, except to that related to the sludge remediation and soil erosion and sedimentation plan will begin on the land until there has been sufficient compliance with the conditions determined by the borough and its engineer.
• if the borough or its engineer determines Sunnyside has not fully complied with the conditions, the final land development plan approval will be withdrawn until the company becomes fully compliant.

During the public comment portion of the planning commission's meeting, Sam Ettaro, council member, discussed "an issue that was brought to my attention today by the (Curwensville) Municipal Authority." Mr. Ettaro said Sunnyside and the Clearfield County Industrial Development Authority had failed to apply for a wastewater discharge permit that would allow water from the property cleanup to be treated by the borough's wastewater system. He provided a letter dated March 8, 2007, from the municipal authority's engineer, CET Engineering Services, Huntingdon, requesting a contract be signed.

Dr. Rick DeCesar, Sunnyside's vice president, noted later in the planning commission's meeting that a permit for a temporary discharge will be requested because the company is not permitted to discharge any water collected during the site remediation process into the West Branch of the Susquehanna River. He said the municipal authority wanted an analysis done of the water from the site before the cleanup gets under way. "Which we intend to do," he said.

He said the information has been presented to Glenn O. Hawbaker of State College, the company that will be doing the site cleanup and preparation work.

Mr. Ettaro also asked why council did not consider the opinion he presented at the May 12 council meeting, concerning an a letter about the Sunnyside Ethanol Plant given by Nathanael Green, director of renewable energy policy for the Natural Resources Defense Council. Council members said at Monday's meeting they did not review the information.

During the brief council meeting that followed, David McNaul, council member, motioned for council to "accept the recommendations of the planning commission and approve the final land development plan subject to the conditions imposed by the Curwensville Planning Commission."

Joining Mr. McNaul is voting yes were Mark Curulla, Julie Girardi and Duane Wriglesworth, council members. Mr. Ettaro voted no. Member Fred Sopic was absent.

Eric Wallace, CEO of Sunnyside Ethanol LLC, attended last night's meetings. He said in an interview following the council meeting that council's approval of the land development plant will allow the company to finalize a tolling arrangement with a major oil company although he declined to name the company.

He said approval would also allow equipment, including a boiler and turbine, to be ordered for the production plant and for a limited notice to proceed to be issued to Glenn O. Hawbaker to begin work on remediating the sludge pond at the site. Mr. Wallace said he could not offer a date last night for the groundbreaking.