One Lake County solid waste board member is asking for a legal review of the county's trash-to-ethanol contract to identify possible "out clauses."
Another is demanding detailed updates on where financing and permitting stand for the proposed south county plant.
And the chorus is growing -- even among some officials who have supported the project -- to place a deadline on Powers Energy of America to prove it can secure financing and land for the plant that would transform the county's garbage into the fuel alternative ethanol.
Much of the latest stir follows confirmation last week that Powers Energy's land purchase option in Schneider had expired and that the land where the plant was to locate was back up for sale.
Nearly three years ago, the Lake County Solid Waste Management District signed a contract with Powers Energy of America that would consolidate trash processing for any county communities choosing to participate.
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Powers is obligated to build the $300 million plant to convert the county's garbage into ethanol, a plan that relies upon commercially unproven technology. The plant was to offer trash processing fees at a savings compared to landfills.
Griffith Town Councilman Rick Ryfa, who also sits on the solid waste district board, said he is asking his town's attorney to review the contract to see if Powers' obligations are being met and how the county waste district could legally cancel the contract if needed.
In particular, Ryfa pointed to language in the contract requiring Powers to "diligently pursue" needed environmental permits from the Indiana Department of Environmental Management.
Since the contract's approval in November 2008, Powers officials have yet to apply for any air, water or solid waste permits, IDEM officials confirmed Wednesday.
Though the waste district has its own attorney, Ryfa said he wants a legal opinion from a third party without "any skin in the game." Griffith council members have consistently voted against the trash-to-ethanol plan and have vowed not to sign an agreement that would send the town's trash to the proposed plant.
The waste district's attorney, Clifford Duggan, said Friday he welcomes any questions or concerns from board members regarding the contract and is open to any reviews of the contract by lawyers outside the district.
He also said he believes there are sufficient protections for the county in the contract should Powers be unable to fulfill its obligations.
Powers Energy owner Earl Powers did not return calls placed by The Times seeking comment.
Ryfa said the expiration of the land deal in Schneider is yet another warning flag related to the project.
Lake County Councilman Rick Niemeyer, also a waste district board member, agreed.
Niemeyer supports Ryfa's plan to place a deadline on Powers to prove the plan has secured financing and has a valid land deal.
"Everybody wants to get these questions answered," Niemeyer said. "District members need to know what's going on, and the town of Schneider certainly deserves answers as well."
Crown Point Councilman Robert Clemons, who represents his city on the county waste district board, said Powers has been given more than enough time to move the project forward.
"If they lost the option on the land, as far as I'm concerned, the deal is off," Clemons said. "Enough is enough. I know some of the other board members are feeling that way as well. I'm not sure how giving them more time is going to change the situation."
Ryfa had planned to ask the board at its Nov. 17 meeting to vote on a motion giving Powers 90 days to show proof of financing. But after learning of the land-deal collapse last week, he said he wants to shorten the timeline and also ask for proof of a valid land deal.
Two district officials with knowledge of the project said that in addition to any deadline the board may adopt, Powers already has been asked by district officials in the past few weeks to show proof of financing within a much shorter timeline than the 90 days.
