MOARK Retains Former MDNR Director

The Joplin Globe, Saturday, January 7, 2005, reports that the former Department of Natural Resource Director, David A. Shorr, has been retained to represent MOARK in its proceedings with MDNR after the company was cited for an odor violation on December 22, 2005. Mr. Shorr is with the law firm of Lathrop & Gage, Kansas City. Mr Shorr served as Director of MDNR under the late Gov. Mel Carnahan. He also served as the Missouri Director of Environmental Quality for former Gov. John Ashcroft.

Mr. Steve Feeler, Chief of Enforcement, for Missouri's Air Polution Control Program, said that Mr. Shorr, had filed on behalf of MOARK, a request that the state extend the deadline to January 31, 2006, for MOARK's response to the violation. The request was granted.

[On December 22, 2005, MOARK LLC was issued a citation by the Missouri Department of Natural Resources (MDNR) for alledged violations of odor emissions after results from a December 9, 2005 test taken by MDNR, came back positive.

The "problem" in question mostly stems from excessive smells originating from the plant's compost facility on Route D. After receiving complaints, the MDNR investigated foul odors near MOARK on November 30, December 2, and again on December 9, 2005. Although excessive odor emissions were discovered during the December 2 test, the results were not admissible because the air sample was taken along Route D in the immediate vicinity of MOARK's composting facility, where the company owns both sides of the highway. Previous litigation forbids testing without the owner's permission.

A subsequent sample, taken on Missouri National Guard property, near MOARK, on December 9, 2005, showed excessive odor emissions. Upon confirmation by the St. Croix Sensory lab in Lake Elmo, MN, the MDNR issued its December 22, 2005 citation. MOARK had 15 days to respond to the allegation. The Neosho Daily News, January 5, 2005]