Attorney General's News Release

Jan. 19, 1999

Nixon sues PSF; seeks order to halt breeding at state's largest hog operation until waste violations corrected

Kansas City, MO —Missouri Attorney General Jay Nixon today filed a lawsuit against Premium Standard Farms, alleging the state's largest hog megafarm is in violation of state environmental laws at its facilities in northern Missouri.

Those facilities, located in Mercer, Putnam and Sullivan counties, are permitted to confine more than 900,000 hogs.

Nixon is asking the Jackson County Circuit Court to order PSF to cease breeding operations until the company implements a court-approved waste management plan; the lawsuit also asks the court to order appropriate penalties for past violations.

"PSF has failed in its obligations to obey the law, to not despoil the environment, and to be a good neighbor to those Missourians whose families have been farming this land for generations," Nixon said.

"The violations have been numerous, they have been ongoing and, in some cases, they have been unreported. PSF has stymied our efforts to reach a resolution without filing suit. We are now asking the courts to stop those violations and assess penalties."

He said ongoing negotiations broke down last month between his office and PSF after the state learned the company has been over-applying hog waste on agricultural land at several locations.

Specific violations cited in the lawsuit include:

• Spills of thousands of gallons of hog waste on May 15, 1997, and Dec. 31, 1997, that caused fish kills in Spring Creek. The May spill was not reported to the 24-hour hotline of the Department of Natural Resources until more than 16 hours after it occurred.
• At least 11 spills in 1996 and 1997 that went unreported to the DNR until December 1998.
• Improper over-application of hog waste as a fertilizer onto nearby farmland on several occasions. The land application resulted in fields receiving significantly more nitrogen than what was allowed.
• Deficient construction of the piping systems that may have been a contributing factor in the numerous spills from the system.
• Operation of a facility that holds substantially more nursery pigs than what DNR originally authorized the facility to hold.

Nixon also stated in his lawsuit that PSF has operated its facilities in such a manner as to constitute a public nuisance, not only because of the numerous spills but also because the facilities have emanated offensive odors at "frequencies, intensities and for durations that are unreasonable."

"For the families that live in any kind of close proximity to a PSF hog operation, there has been a profound negative impact on the quality of their lives because of the uncontrolled stench that comes from tens of thousands of pigs whose manure and urine are unreasonably handled," Nixon said.

"PSF can and should implement available technology to reduce those odors," he said. "It's time PSF, a relative newcomer to northern Missouri, became a good neighbor to the people whose families have farmed this land for generations."

PSF has its headquarters in Kansas City, where the lawsuit was filed. State law allows penalties of up to $10,000 per day for each violation of the Missouri Clean Water Law.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818