Southwest Missouri Citizens Against Local MOARK Expansion vs. MOARK (Day 2)

On Thursday, September 28, 2006, and Friday, September 29, 2006 the case of Southwest Missouri Citizens Against Local MOARK Expansion vs. MOARK was heard by Judge June Doughty of the State Administrative Hearing Commission, in Springfield, MO. The scene was described this way,

"In what would seem like insurmountable odds, six Neosho residents without legal counsel took on the attorneys of the Missouri Department of Natural Resources and MoArk, LLC at a hearing held September 28 and 29 in the U.S. District Courthouse in Springfield with the case yet to be concluded. What the residents, most living within a few miles of the egg-laying facility known as MoArk 7, were attempting to do was to stand up against the MDNR's granting of permit MO-0122840 for the operation and eventual expansion of the MoArk controlled animal feeding operation. The1-A CAFO would sanction as many as 3.6 million chickens in an area currently holding a bit more than a third and the eventuality of producing 135,000 tons of litter annually" by the Joplin Independent, Monday, October 2, 2006.

The participants at the trial, included:

Missouri Department of Natural Resources (MDNR)
Harry Bozoian, Asst. Attorney General
Camille Dobler, DNR Air Inspector
Leanne Mosby, MDNR Deputy Division Director

Southwest Missouri Citizens Against Local MOARK Expansion (SWMCALME)
Peter Boyt
Rick Bussey
Dave Boyt
Lee Van Otterloo
Robert Carter
Richard Betz

MOARK
Robert Brundage, Attorney for MOARK

At the close of Friday's hearing not all of the petitioners and their witnesses had testified, so Judge Doughty continued the hearing to October 12-13, 2006 at a location in Springfield, yet to be named, The Joplin Globe reported Friday, September 29, 2006 and Saturday, September 30, 2006.

Southwest Missouri Citizens Against Local MOARK Expansion vs. MOARK

Southwest Missouri Citizens Against Local MOARK Expansion are opposed to an expansion of MOARK Production Inc's egg operation near Neosho (Newton County) MO. The group appealed the State's issuance last year of two permits to MOARK. The company obtained construction and operating permits to expand its operation with 1.3 million chickens to 3.9 million chickens. Five of the 13 new houses, with a capacity of200,000 layer chickens each, have already been built. The Joplin Globe, September 22, 2006

The groups appeal was set to be heard, September 28, 2006 by the Missouri Administrative Commission in Springfield, MO. The group met on Thursday, September 21, 2006, as a last minute effort to settle differences and avoid the administrative hearing. Those residents representing the group, Southwest Missouri Citizens Against Local MOARK Expansion (SWMCALME), included Richard Betz, Rick Bussey, Dave Boyt, Peter Boyt, Lee Van Otterloo, and Robert Carter.

MOARK offered (1) to limit the number of chickens at the operation to 3 million layers and 218,000 pullets; (2) to compost at the operation no more than 10% of the amount of manure produced there; (3) to put in writing for the first time, what it plans are forphasing out older chicken houses at the MOARK Seven Farms as the new houses are built; and (4) to allow Newton County health Department to inspect records of operations.

SWMCALME asked that (1) the size of the operation be capped at 2.6 million layers and 140,000 pullets; and (2) that the company halt composting of manure.

There were 38 odor complaints registered with Missouri Department of Natural Resources (MDNR) in August 2006. MOARK's composting of manure at Sevin Farms is a primary issue because it is the source of most of the odor pollution, according to SWMCALME. The group suspects that MOARK wants to keep the composter in operation so that it can transport manure from its poultry operation at Anderson (McDonald County) MO. to Neosho for composting.