McLean County Times

McLean County Zoning Board of Appeals met Nov. 14.

Here are the minutes provided by the board:

1. CALL TO ORDER: Chair, James Finnigan called the meeting to order at 7:00 PM.

2. ROLL CALL: Secretary Philip Dick called the roll and noted the presence of a quorum as follows: James Finnigan, Michael Kuritz, Ruth Novosad, Brian Bangert, Julia Turner, Rick Dean and Shirley Deerwester. No members were absent. Also present were Darrell Mitchell, Zoning Enforcement Officer, Taylor Williams, Assistant State’s Attorney, and Anthony Grant, Assistant County Administrator.

3. APPROVAL OF MINUTES: Motion was made by Kuritz/ Dean to approve minutes from the October 24 and October 31, 2023, Zoning Board of Appeals meetings. The minutes were approved by voice vote.

4. APPEARANCE BY MEMBERS OF THE PUBLIC: No one came forward to speak on matters not on the agenda.

5. REGULAR AGENDA:

Case ZA-23-04, an application of the McLean County Land Use & Development Committee in case ZA-23-04. This is a text amendment of the Zoning Ordinance of the Code of McLean County Chapter 350, Zoning Section 350-43. OO. Use Standards. This is to amend use standards for Carbon Dioxide (CO2) Sequestration Drilling.

This is a continuation of the public hearing for this case from the October 31, 2023, meeting of the Zoning Board of Appeals beginning with rebuttal testimony from the applicant.

Lea Cline, 931 W. McArther Ave., Bloomington, IL appeared to give rebuttal testimony and was sworn. Ms. Cline indicated reasons for the setback requirements. She indicated that according to the legal opinion as written by the County assistant state’s attorney, the County would have the legal authority to implement the proposed text amendment. She indicated that proposed regulations would preserve property rights and provide safety from danger. Ms. Cline indicated the need to protect the Mahomet Aquifer and indicated the County has put money in the budget to legally protect the Mahomet Aquifer.

Mark Ummel, 39118 E 1900 North Rd., Anchor, IL asked what she was referring to in supporting state rules but then stating that there are very few laws.

Ms. Cline indicated that County regulations cannot supersede Illinois EPA or U.S. EPA regulations, and that there are few state and Federal laws regulating setbacks.

Margaret Keylin, 304 N. Woodlawn, Downs, IL asked if the applicant took into account any real time experiences when deciding the setbacks such as CO2 explosions.

Ms. Cline indicated that they took into consideration the Emergency Management Agency handbook, Iowa laws, Nebraska laws, township laws and laws of other jurisdictions. She indicated that there have been no documented cases of CO2 well explosions.

William Rau, 3715 Wine Way, Bloomington, IL asked if the Committee took into account the explosions of oil and gas wells where CO2 was used for recovery.

Chair Finnigan indicated that Ms. Cline had not testified on that in her rebuttal.

Lea Cline, 931 W. McArther Ave., Bloomington, IL indicated in a closing statement a summary of the proposed changes to the use standards for CO2 Sequestration wells. She indicated that the use standards are general conditions. She said that specific stipulations can be attached to a special use in the public hearing process.

Don Carlson, 208 Kreitzer Ave., Bloomington, IL indicated in a closing statement that the proposed text amendment does not include an adequate safety plan. Mr. Carlson indicated that the County should not rely on the EPA to safeguard aquifers.

Marilea White, 711 S. Cottage, Normal, IL indicated in a closing statement that CO2 sequestration wells and pipelines are not the answer to climate change. She said that CO2 is dangerous stuff and after it pollutes the aquifer, the aquifer cannot be cleaned up.

William Rau, 3715 Wine Way, Bloomington, IL indicated in a closing statement that safety equipment needs to be provided by the applicant. He indicated the 1500’ setback is inadequate. He said that carbon intensive industries should be limited.

Elizabeth Kosuth, 3103 Preston Dr., Bloomington indicated in a closing statement that even a small amount of CO2 can pollute water. She said that adequate safety is not included in the proposed text amendment. She indicated that she is concerned that CO2 sequestration will hurt the economy in Bloomington/Normal.

Margaret Keyline, 304 N. Woodlawn, IL indicated in a closing statement that CO2 wells and pipelines are not the same as oil and gas wells and pipelines. She urges a moratorium until new state and federal regulations are approved for CO2 pipelines and wells. She requested to have the proposed regulations turned down.

Dawn Dannenbring, 208 Kreitzer Ave., Bloomington, IL indicated in a closing statement that a 1500’ setback is not enough. She said that 1500’ if there is an emergency is nothing. She said that the text amendment does not provide adequate safety and should be sent back.

John Sedbrook, 7 Kenyon Ct., Bloomington, IL indicated in a closing statement that CO2 is not the only dangerous gas - anhydrous ammonia is more dangerous. He said that we are all part of the problem in generating CO2. He said that we need to sequester 1.6 billion tons of CO2 to meet US climate goals.

Chair Finnigan closed the public hearing when no one else came to deliver a closing statement.

The ZBA discussed the five elements of the use standards for CO2 sequestration drilling operations. It was proposed that #4 needs to be amended to add evacuation plan, required equipment purchases, and adequate training and certifications. It was proposed that elements 1, 2, 3 and 5 should be left unchanged.

A motion was made by Kuritz/Novosad to recommend approval of Case ZA-23-04 with a change to element #4 by adding evacuation plan, required equipment purchases, and adequate training and certifications.

The roll call vote was seven members for the motion to approve, none opposed, and no members were absent.

A court reporter will provide a verbatim transcript for case SU-23-06 which is an application of One Earth Sequestration, LLC, in case SU-23-06 on three parcels. It is requesting a special use for three Carbon Dioxide (CO2) Sequestration Drilling wells in the A-Agriculture District on the following parcel numbers at the following locations: Parcel No. 25-02-200-007 in Cheneys Grove Township immediately south of 1400 North Rd., approximately ¼ mile west of 4100 East Rd.; Parcel No. 18-36-100-005 in Anchor Township immediately south of 1500 North Rd., and approximately 1800 feet east of 4100 East Rd.; and Parcel No. 18-23-400-001 in Anchor Township immediately northwest of the intersection of 1600 North Rd. and 4100 East Rd.

6. ADJOURNMENT: The Chair declared the meeting adjourned at 9:57 PM.

https://www.mcleancountyil.gov/ArchiveCenter/ViewFile/Item/9869