SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 of 15(d) of the
Securities Exchange Act of 1934
October 31, 2007
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Date of Report (date of earliest event reported)
BION ENVIRONMENTAL TECHNOLOGIES, INC.
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Exact name of Registrant as Specified in its Charter
Colorado 000-19333 84-1176672
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State or Other Jurisdiction Commission File IRS Employer Identification
of Incorporation Number Number
641 Lexington Avenue, 17th Floor, New York, NY 10022
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Address of Principal Executive Offices, Including Zip Code
(212) 758-6622
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Registrant's Telephone Number, Including Area Code
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of
the following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
ITEM 8.01 OTHER EVENTS
The Registrant participated in a press conference held on October 31, 2007 at
Clarkson University, in Potsdam, New York to mark the public release of a
report to the St. Lawrence County Board of Legislators entitled, "Probability
of Nuisance Odors from the Proposed Feeding Operations of Bion Technologies"
("Report"). The Report was presented by Philip K. Hopke, Ph.D., the Bayard
D. Clarkson Distinguished Professor, and Director, Center for Air Resources
Engineering and Science at Clarkson University, who led the study. Dr. Hopke
was joined by Stefan Grimberg, Ph.D., and Shane Rogers, Ph.D., both Assistant
Professors, Department of Civil and Environmental Engineering, Clarkson
University in preparation of the Report.
The Report sets forth the results of an odor modeling study commissioned by
the St. Lawrence County Economic Development Council and Bion. The study
evaluated the potential for nuisance odors at Bion's proposed Integrated
Project in St. Lawrence County, New York, which will include an 84,000-head
beef cattle finishing facility, comprised of six 14,000-head satellite farm
modules, balanced with a 42 million gallon per year ethanol plant ("Project"
or "Integrated Project"). The Report, based on utilization of the OFFSET
planning tool utilizing details related to Bion's technology, St. Lawrence
County's weather and geography and the proposed Project, concluded that
Bion's proposed livestock facilities could be located within St. Lawrence
County in an acceptable manner based on utilization of Bion's technology and
other available mitigation methods subject to site specific review. Professor
Hopke responded to questions from the press and public at the press
conference.
A copy of the Report is attached hereto as Exhibit 99.1.
At the press conference, Bion released a written statement set forth at
Exhibit 99.2 hereto which includes the following:
"Bion believes that the nuisance odor study conducted by air emissions
experts at Clarkson University being released today is a thorough
assessment representing good science conservatively applied."
and
"Achieving potential nuisance odor levels acceptable to the community
will require a combination of setbacks and odor mitigating activities.
Bion commits to Project site selection and development consistent with
the Report's nuisance odor avoidance criteria. Specifically, Bion's
Project criteria will be to meet or exceed the central estimate provided
by the evaluation study. The OFFSET planning tool used in this nuisance
odor assessment provides assurance that the Project can be implemented
with acceptable odor levels when applied as a project planning and site
selection tool. As candidate Project sites are selected, additional
odor impact evaluations will be performed and shared with the public."
Bion's representatives responded to questions from the press and public
regarding Bion's proposed Project including questions related to the
projected environmental and economic impacts. See Exhibit 99.3 below for a
study by Dr. Gregory A. Gardner of Bridge Associates regarding projected
economic impact. The economic impact study was commissioned by the St.
Lawrence County Economic Development Council to evaluate the economic impact
of Bion's proposed Integrated Project.
Bion is currently engaged in discussions with representatives of local
governmental bodies in the St. Lawrence County area, including without
limitation, county officials, state government agencies and authorities
related to both rail and sea transportation, and local town officials. These
discussions revolve around the issues related to transporting corn from the
Midwest, transportation and distribution of the various components of the
proposed Integrated Project and specific site locations for all aspects of
the proposed Project.
Upon receiving the endorsement of St. Lawrence County, Bion intends to
proceed to negotiate its infrastructure and transportation agreements related
to the importation of corn from the Midwest. In addition, Bion will seek to
option appropriate sites for all aspects of the Project and work with local,
state and federal area representatives to secure the appropriate financial
and other support necessary for the Project.
See Exhibit 99.4 for a press release from Bion related to these matters.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
(a) Financial Statements of Businesses Acquired.
Not Applicable.
(b) Pro Forma Financial Information
Not Applicable.
(c) Shell Company Transactions
Not Applicable.
(d) Exhibits
Exhibit 99.1 Report - "Probability of Nuisance Odors from the
Proposed Feeding Operations of Bion Technoloties."
Exhibit 99.2 Bion statement released at Press Conference (October 31,
2007).
Exhibit 99.3 Report - "Economic Impact Assessment for Proposed Bion
Inc. Investments in St. Lawrence County, New York."
Exhibit 99.4 Press Release dated November 5, 2007.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Bion Environmental Technologies, Inc.
Date: November 5, 2007 By: /s/ Mark A. Smith
Mark A. Smith, President