Attorney General's News Release

April 6, 2000

Nixon sues over faulty lagoons at Murphy Farms facilities

Nevada, Mo. — Attorney General Jay Nixon filed a lawsuit Wednesday against the owners of Murphy Farms seeking the immediate draining and repair of three lagoons filled with hog waste from Murphy facilities in Vernon County.

Nixon said the lagoons are in danger of collapse and have leaked contaminants into surface water, in violation of the state clean water laws. Nixon's lawsuit asks the Vernon County Circuit Court to order a reduction in waste production levels or animal populations at the concentrated animal feeding operations (CAFOs) until a geotechnical evaluation is conducted on every lagoon constructed by Murphy Farms.

Murphy Farms recently sold its property to two limited liability corporations, PSM Associates and DM Farms of Rose Hill. Both PSM Associates and DM Farms also are named as defendants in the lawsuit.

"It is essential that each of the lagoons be evaluated and fixed to protect the surrounding water and to meet the environmental laws of our state," Nixon said. "CAFOs cause many concerns in our state, not the least of which is the threat they pose to our environment."

A geotechnical evaluation made available to the Attorney General's Office last week by the Missouri Department of Natural Resources indicates that three lagoons (Arrowhead, Sawgrass and Wolfpack) should be drained and reconstructed with compacted clay. Two other lagoons show signs of settling in the berms, creating the potential for discharges to nearby streams.

In addition to seeking a court order directing the owners to make the needed repairs, Nixon is suing the defendants for waste discharges last June from lagoons at Murphy's Ozark/Osage Pyramid facility and Bellamy Pyramid facility into three area creeks in June of last year. Nixon said the lagoons discharged animal waste into Walnut Creek, McCarthy Creek and Cynthia Creek following heavy rains.

Nixon is asking the court to assess civil penalties and costs against the defendants over the spills.

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.

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