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Working to Stop SOBE Pyrolysis from Polluting Youngstown, Ohio, Legal Options Pursued

Updated: Jan 7

"Zoning is another possible avenue the city is considering to halt SOBE’s operations. Currently, the spot where the plant sits on North Avenue is zoned as a mixed-use community, not light industrial. But according to Youngstown’s law director, they are in an uncertain legal limbo.

“'To make sure that we understand whether or not it’s currently zoned to allow for a change of process there — the fueling process — and whether or not this could even occur in a mixed-use community,' Limbian said. 'We don’t have the specific answer for that yet, but that’s what we’re working to make sure we understand.'

"The committee plans to have their resolution ready in time to be presented to city council at the September 20 City Council meeting being held at 5:30pm in Community Room at the Covelli Centre (DoubleTree by Hilton Room)

229 E. Front Street

Youngstown OH 44503

Excerpt from Public Interest Center - May 2023 - Phase 1 - SOBE Thermal Energy Systems– Frequently Asked Questions READ DOC HERE

"Ohio EPA Division of Air Pollution Control is reviewing the application to determine if the proposed operations will comply with requirements and are protective of human health and the environment. If the proposed operations comply with all requirements, Ohio EPA has an obligation to issue a permit. Ohio EPA would issue a permit as draft and ask for public input. Ohio EPA would review and consider this public input prior to making a final determination regarding the permit. Authorization from Ohio EPA for this project would not supersede any safety requirements from other authorities, such as OSHA, the local fire department, local zoning authority, etc."

Excerpt from from May 12, 2023 letter from Anne Vogel, Director of Ohio EPA READ HERE

"Authorization from Ohio EPA for this project would not supersede any safety requirements from other authorities, such as OSHA, the local fire department, local zoning authority, etc."

Citizens working to keep pollution out of Youngstown pursue legal options
Safety requirements from other authorities, such as OSHA, the local fire department, local zoning authority, etc. will have priority over any OEPA permit.

Excerpt concerning previous zoning shall stand on transferred property from Case no 21-0028-HC-ATC (title following),  01/08/2021 released by Public Utilities Commission of Ohio (PUCO)

7. (property)Title and Survey.

(a) Purchaser shall order a written commitment (“Commitment”) for title insurance to

be issued by a title company (“Title Insurer”) reasonably acceptable to Seller for

an Owner's Fee Policy of Title Insurance (“Title Insurance”), together with all

copies of all exceptions referred to or listed therein, to be issued by Talon Title

Agency, LLC, 570 Polaris Parkway, Suite 140, Westerville, Ohio 43082 (“Title

Agent” and together with the Title Insurer, the “Title Company”), on behalf of the

Title Insurer, and will furnish a copy of the Commitment to Seller within ten (10)

days of the execution and delivery hereof. Seller shall furnish fee simple title to

the Land free of all claims, liens and encumbrances of any kind or nature

whatsoever other than the Permitted Title Exceptions. Permitted Title Exceptions

shall mean: (i) taxes and assessments, both general and special, which are a lien

but not yet due and payable; (ii) zoning and building laws, statutes, ordinances,

and regulations affecting the use and occupancy of the above-described premises;

(iii) any other title matter of record, including restrictions, easements and reservations of record; and (iv) any other title matter which could be discovered upon a reasonable inspection (i.e., an accurate survey) of the Land.

Case no 21-0028-HC-ATC

In the matter of the Joint Petition for SOBE Thermal Energy, LLC to be qualified as a utility (heating and cooling) to receive the assets of the bankrupt Youngstown Thermal, LLC and Youngstown Thermal Cooling, LLC; submitting jointly with Bankruptcy Receiver. electronically filed by Mr. Andrew S Levine on behalf of SOBE Thermal Energy Systems, LLC.

WHEREFORE, the Joint Applicants respectfully request that the Commission approve this

Application and provide the following findings, approvals, and relief:

A. Approve the establishment of SOBE on the roll of public utilities for the purpose of owning and operating steam and cooling assets in Youngstown, Ohio via the transfer of said assets from the Youngstown Thermal Entities to SOBE;

B. Find that SOBE has the technical, financial, and managerial abilities to ensure the provision of uninterrupted and adequate service to customers...

Case no 21-0028-HC-ATC 01-08-2021
Download PDF • 54.79MB

Finding & Order approving the application filed by Youngstown Thermal, LLC, Youngstown Thermal Cooling, LLC, and SOBE Thermal Energy Systems, LLC, seeking the establishment of SOBE Thermal Energy Systems, LLC as a heating and cooling company on the roll of public utilities, the transfer of assets and customers, and a substitution of heating and cooling services electronically filed by Kelli C. King on behalf of The Public Utilities Commission of Ohio.

CASE NO 21-28-HC-ATC 11-17-2021
Download PDF • 203KB

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