AG-Biomass case to be heard in September

Dates have been set in the case of Ohio Attorney General Mike DeWine against Mark Harris, his son and their respective companies — Biomass and Renewable Resources.

A trial is scheduled for Sept. 26 through Sept. 28 before Lawrence County Magistrate D.L. McWhorter.

Mark Harris is the owner of Biomass, a Nicholasville, Kentucky-based business that was to build an electricity-producing plant at The Point industrial park. The plant has yet to be built.

In August DeWine filed against the pair over the demolition and renovations at the old Allied Chemical and Ethanol powerhouse that Harris owns at The Point.

“(It) caused asbestos — a hazardous air pollutant widely known for its carcinogenic effects — to be discharged into the environment. Since at least October 2013, the unsecured facility continues to be a public nuisance and a threat to the health and safety of its neighbors,” the suit alleges.

The lawsuit alleges 11 counts against the two men for not following the orders of the director of the Ohio Environmental Protection Agency to comply with the Ohio Revised Code’s directives on asbestos abatement. For each count each defendant is liable for civil penalties up to $25,000.

McWhorter ruled last month that there will be a trial following Mark Harris filing answers to the complaint on behalf of himself and the other defendants. The state filed a motion to strike those responses and the defendants did not file any response to that motion.

“Mark Harris is not an attorney licensed in the state of Ohio, nor is he otherwise certified by the Supreme Court to practice law in Ohio,” the decision states. “Accordingly, the answers filed on behalf of South Point Biomass Generation LLC, Renewable Resources LLC and Tyler Harris are null and shall be stricken from the record of this case.”

Besides following the ORC on asbestos removal, the suit asks the court to order the defendants to secure the site to public access until all asbestos is removed; keep all asbestos-containing waste material wet until it is disposed; use proper emission control measures to repair and remove all asbestos-containing material that was damaged by the demolition; and pay civil penalties, court and attorney fees.

For several years, Harris’ properties at The Point have come up for foreclosure sales because of his not paying taxes on time. In January of 2015, at the 11th hour, Harris kept four of the six parcels he owned then from the auction block by paying back taxes. The other two were pulled from that sale because there was a mortgage against them.

Then in December of 2015 and January of 2016, he lost those two when he was unable to pay their back taxes. Reconstituted Properties LLC, a subsidiary of the Lawrence Economic Development Corporation, bought the two — sites for a landfill and ash pond – for safety reasons.

Right now, Harris owes $10,792.98 in taxes dating back to 2008. He had paid off by contract approximately $40,000 in delinquencies until he defaulted. He also owes $5,110.33 on first half taxes and $4,633.76 on second half, which are due July 8. After county treasurer Stephen Burcham collects the countywide taxes, he will then ask prosecuting attorney Brigham Anderson to begin foreclosure proceedings on those properties with the older taxes. He has to wait at least a year before starting a sale on taxes paid in 2016.