Officials have upheld approval of a proposed concentrated animal feeding operation permit in McDonald County.
The Administrative Hearing Commission recommended that the Missouri Clean Water Commission uphold the Department of Natural Resources' decision to award RNR Farm LLC a general permit for a proposed CAFO.
The Missouri Clean Water Hearing Commission issued a 17-page legal brief on April 5, stating the outcome of a hearing and the DNR's recommendation.
In the brief, DNR bore the legal burden of "demonstrating the lawfulness of the permit."
On Feb. 16 , 2016, Roger Renner of RNR Farm applied for a CAFO permit at 615 Brodie Road, on 80 acres north of Goodman. His proposal included constructing eight broiler houses, which would house 372,056 chickens.
In late April 2016, a public hearing was held in Anderson. The application was met with a great deal of opposition from the Goodman community. Neighbors lodged a variety of complaints, saying that heavy trucks -- driving to and from the CAFO -- would damage roads, and that the chicken operation will result in air pollution, among other issues.
The DNR awarded the general permit on July 6, 2016, stating that the permit is for "export only," and that manure would be shipped off-site. "The treatment of the wastewater will occur during storage of the waste," DNR said.
On Aug. 2, 2016, K Tre Holdings, Sharon Engle, Frances Hare, and Jes Blair, filed a petition, asking for a review of the department's issuance of the permit. A hearing was held on Oct. 21, 2016, and its recommended decision filed on Nov. 14. The AHC recommended that the Missouri Clean Water Commission uphold the issuance of the CAFO permit to RNR Farm.
In their challenge of the permit's issuance, petitioners stated the permit was not lawfully awarded for three reasons: that RNR did not file a neighbor notice with a "brief summary of the waste handling plan," that RNR did not comply with a deficiency letter sent by the DNR and that RNR Farm or Renner did not comply with the "continuing authority" requirement.
DNR officials found that RNR had no legal requirement to send a neighbor notice.
Additionally, DNR Environmental Engineer Diane Reinhardt testified at the Oct. 21 hearing that RNR Farm complied with DNR's deficiency letter, providing an aerial map. RNR also filed a new Form W with an engineer's seal and certification, stating that the system was in accordance with regulations.
Petitioners also argued that Renner made "insufficient contributions" to RNR Farm to qualify as a "continuing authority."
Petitioners pled that RNR Farm may not have insurance, lack sufficient financial recourse, did not submit any documents regarding organizational or fiscal status to DNR and that DNR failed to request that documentation. Petitioners also argued that DNR failed to establish that RNR Farm has sufficient financial resources to be responsible for the "operation, maintenance and modernization" of the proposed CAFO.
DNR argued that the regulations do not require DNR to "present or gather evidence of financial status of an applicant."
Further, they found no grounds to deny the permit based on any discrepancies pled by the petitioners.
General News on 05/25/2017