Ozark County commissioners adopt ordinance concerning data centers

Ozark County Commissioners took another step toward making circumstances difficult for any companies who wish to build a mega data center or similar construction in Ozark County.

Mega data centers have become a major topic of discussion across the United States as more and more communities are being approached by large companies in order to build the massive processing centers. In Ozark County, the overwhelming majority of residents who have voiced their opinions publicly are vehemently opposed to any such center being built in, or even near, the county. Within the past couple of months, several concerned citizens have approached the county commissioners in an effort to come up with a solution.

During Monday morning’s regular meeting, the commissioners responded by unanimously adopting an ordinance making it increasingly difficult for mega data centers to be built in the county. 

However, Presiding Commissioner Terry Newton reminded those in attendance at the meeting that despite an ordinance being accepted, the county cannot flat-out refuse the construction and operation of such data centers.

“We’re limited without planning and zoning,” he said. “Honestly, these ordinances, all they are is a roadmap for [companies] to build one, that’s all it is. But that’s all we can do. They have to jump through this hoop, this hoop, this hoop, to get to where they need to be.”

Wren Haffner, one of the LOCAL residents who initially approached the commissioners, expressed her thanks in their continued work. “We appreciate you moving ahead on it. I didn’t realize you were doing that in the background.”

“We were just waiting to get the right [wording],” said Newton. “Without planning and zoning, that’s the extent of what we can do.

“And we’re not going to have planning and zoning,” he added, referring to the overwhelming opposition by county residents to planning and zoning requirements.

Haffner asked what prompted the commissioners to have the ordinance written and to adopt it. 

Newton told her the commissioners were waiting for Travis Elliot, the attorney for the Missouri Association of Counties, to write an ordinance up that would fit Ozark County.

“Our stance is always going to be, on any topic that comes up…we’re not going to jump into any decision without knowing and getting as much information as we can…to make the best decision for the county,” Eastern Commissioner Jim Britt added. “We told you guys from day one that none of us [support] the data centers, but before putting it in an ordinance, [we needed to know more].”

The ordinance

The adopted ordinance puts into place several requirements associated with power, water, environmental, county resources, noise and light pollution and possible decommissioning of the property.

The ordinance only applies to unincorporated sections of the county. Incorporated cities or villages, such as the city limits of Gainesville, Bakersfield and Theodosia, would need to pass their own ordinances at the city or village council level. State and national lands do not need to follow county ordinances, the commissioners added.

Now, before construction or expansion of a data center, companies must submit documents to the county confirming compliance to the ordinance.

Power capacity: 

A formal document must be submitted that explicitly states that the power provider has reviewed the project’s projected peak electrical demand and has determined several factors including that the facility has sufficient capacity to safely serve the facility, the delivery of power won’t compromise the stability, reliability or safety of the public electrical grid and the direct infrastructure costs to deliver the power will be burned entirely by the facility.

The ordinance also states that any costs, engineering studies or load calculations required are the sole responsibility of the facility.

Environmental compliance:

The developer must provide proof of compliance with the Missouri Department of Natural Resources and the Environmental Protection Agency. Official documents including land disturbance permits or national pollutant discharge elimination system storm water permits, air quality analysis, applications with the Missouri State Historic Preservation Office and any other final permits must be supplied to the county. 

Water use plans:

The developer must supply any plans or analysis indicating the proposed water use, source of water, anticipated water consumption and types of cooling systems, whether open or closed loop systems and any major water user reports or registrations.

Road use agreement:

Any agreement will address road repair obligations, performance bonding and indemnification of the county, especially if there is a reasonable expectation that oversized or overweight vehicles will be used to travel county roads. A financial agreement will also need to be submitted.

Decommissioning agreement:

A decommissioning agreement will be required if the developer decides to close or abandon the facility. The agreement will include a timeline for real, site restoration, disposal of materials and the estimated cost of decommissioning the facility. The agreement will need to be updated at least every five years.

Property rights: 

An agreement that will guarantee the property rights of connecting landowners will also need to be provided.

That agreement will include limits on noise and light pollution, landscaping and visual screening. If there are any violations, the developer will be given a certain amount of time to fix the violations before revocation of permits or a stop work / cease operations order or fines will be enforced.

Emergency operations:

The developer must also provide a contact form to the commissioners. The form must include the legal names, mailing addresses and 24/7 emergency contact information. The developer must also actively coordinate with the Ozark County Emergency Management Director and all emergency services to establish any protocols for fire protection, hazard mitigation or emergency responses.

Copies of the ordinance will be available upon request from the Ozark County Commissioners.