Is Change in the Air?

The Jefferson City News Tribune , January 31, 2007, reported on a group of regulators, activists and livestock industry officials, called Odor Rule Stakeholders Workgroup, that met for the first time to consider changes to the state's odor regulations, last revised in 1999. One of the participants represented a group of Missouri homeowners, known as Citizens Legal Environmental Action Network (CLEAN), that recently won $4.5 million from Premium Standard's Farm for damages, due to stench. Some of the other participants included Missouri Agribusiness Association and Missouri Department of Natural Resources. The group is scheduled to meet monthly through July 2007, eventually proposing a rule change recommendation to the Missouri Air Conservation Commission.

Barry County, CAFOs and Ozbun Farms

The Joplin Globe reports (Wednesday, January 10, 2007) on a CAFO application in Barry County (MO) by Rodney and Michelle Ozbun dba Ozbun Farms (Cassville, MO.) The article, Residents Concerned About Poultry Houses, describes concern among neighboring property owners regarding the impact the proposed poultry operation will have on Roaring River. Concerned residents are meeting, Thursday, January 11, 2007, at 7:00 pm, at the All Faith United Methodist Church on Highway 86 in Eagle Rock. The Missouri Department of Natural Resources (MDNR) has scheduled a public "informational meeting" on Monday, January 22, 2007, bewteen 4:00 and 7:00 pm, also at the All Faith United Methodist Church.

[MDNR News Release 561] On Oct. 31, Ozbun Farms submitted a construction permit application to the department for a Class IC Concentrated Animal Feeding Operation. A construction permit is required for a Concentrated Animal Feeding Operation housing more than 60,000 chicken pullets. A chicken pullet is a young hen that is being groomed to lay egg. The farm raises the pullets from chicks and then sends them to another farm where they will breed broiler chickens. Ozbun Farms' proposed waste management system is a no-discharge operation. This means that process wastes are contained and stored until proper land application of the process wastes can be done.

The department is currently in the process of reviewing Ozbun Farms' permit application. The department must ensure that the permit application complies with Missouri law and that the operations will protect the quality of the water in southwest Missouri. If the permit application meets all regulatory requirements and demonstrates that the operation will protect water quality, the department is required to issue the permit. The department expects to make a final decision to issue or deny the permit in February. [Click on picture to enlarge]

CAFO Ordinances

Missouri Farms Dairy (MFD), Golden City, MO. was cited Friday, December 29, 2006 for allowing wastewater to flow from its lagoon into Dry Fork Branch, a violation of their operating permit. Missouri Department of Natural Resources (MDNR) Environmental Specialist, George Parsons, indicated that there were some maintenence issues causing the pollution problems.

Missouri Farms Dairy, originally called Hylton Dairy, was built on a 538-acre farm near Maple Grove (MO.). It is Jasper County's first confined animal feeding operation (CAFO) involving cows. The dairy produces about 6 million cubic feet of manure annually, according to The Joplin Globe, Wednesday, January 3, 2007, DNR Cites Dairy Runoff A $3 million construction permit was issued by MDNR in 2000 to Danny Hylton of Hylton Dairy. It was aquired by MFD in 2004.

An adjacent property owner and environmental activist, Brent Erwin, spoke to the Jasper County Commission on Thursday, January 4, 2006, and encouraged the County to enact a CAFO ordinance. He reminded the comission that he asked for regulation of the large, concentrated livestock operation in 1999. "You said that you would look at a CAFO ordinance, but you dropped the ball." Erwin said that MFD has 1250 cows and a 10-acre lagoon. "If they can't manage their runoff in a drought, what's going to happen when we get a wet season?" Jasper County Commissioner Jim Honey responded by saying "I'm most interested in seeing setbacks from roads and streams. I don't think the county has the reources or the scientific knowledge to police them (CAFOs) otherwise". Erwin said that thirteen counties in Missouri have enacted CAFO ordinances, and that at least one, in Linn County, has withstood a court challenge.

CAFO's, MOARK and Doyle Childers

Missouri Department of Natural Resources (MDNR) Director, Doyle Childers was in Newton and Jasper County for public hearings on Friday, Januray 5, 2007. The Joplin Globe, Saturday, January 6, 2006, Water Issue Dominates Session, described a meeting with MOARK Officials regarding their three notices of violation that have been issued due to offensive odors. MOARK has not been fined. Childers said that 'companies like MOARK are being told what to do in order that they understand it and get it right. The MDNR will not be very friendly if they don't comply'.

Childers said that he is not in favor of individual counties adopting their own Confined Animal Feeding Operation(CAFO) ordinances. Somone in the audience said that health ordinances are needed in local counties because the state is incapable of regulating the growth of CAFOs. This individual cited evidence that there are 160 million chickens and turkeys in the Elk River and Spring River watersheds. Childers was asked whether there is a saturation point, and he responded by saying "That's a tough question."

In response to a question about water usage, Childers said 'that the MDNR has no legal authority to control water usage in Missouri, a state with riparian water laws in which usage and private-property rights are regulated by the courts.' He added that there is discussion under way on how to best monitor and measure nutrient loading into streams. He said that depletion of ground-water resources in Southwest missouri could become a critical issue 10 to 20 years from now. He added, "We need to impound every drop of water we can."