Attorney General's News Release

January 11, 2006

Nixon sues RES for penalties over odor, permit violations at Carthage turkey-processing facility

Carthage, Mo. — Attorney General Jay Nixon today filed a lawsuit against Renewable Environmental Solutions (RES) for repeated violations of both state odor regulations and its permit from the Missouri Department of Natural Resources. Nixon is asking the Jasper County Circuit Court to order RES to pay penalties for the violations at its Carthage facility, which processes turkey parts. The MDNR cited RES six times for odor violations between March and August 2005 and referred the company to Nixon’s office for legal action on Jan. 3, 2006.

Today’s lawsuit is the second Nixon has filed against RES concerning the odor problems. Last April, his office and the city of Carthage jointly filed a lawsuit against RES, asking the court to declare the odors a public nuisance. The court issued a preliminary consent order in May, directing the company to install specific equipment to control the odors. A final resolution in that lawsuit is still pending, but the Missouri public nuisance law does not allow for the recovery of penalties.

"The referral last week from the Department of Natural Resources now enables us to seek penalties for a long history of odors from this plant," Nixon said. "This was another tool we needed to bring this facility into compliance and give relief to the citizens of Carthage."

The suit also alleges that RES had not complied with a special condition of its permit that requires all solid and liquid raw materials awaiting processing to be stored under a roof in a storage area. The company was cited for storing such materials outdoors and not under a roof.

Nixon is asking the court to issue injunctions against RES to ensure that the company immediately takes any and all steps to come into compliance with Missouri air pollution laws and regulations. The lawsuit also asks the court to order RES to pay the maximum penalty for violations of its permit and of state odor regulations. Missouri’s Air Conservation Law allows for a maximum penalty of $10,000 per day per violation.

RES operates the plant at 530 N. Main St. that utilizes a thermal conversion process to convert agricultural and animal wastes to oil, gas, minerals and fertilizer. Much of the waste comes from Con-Agra’s turkey processing facility in Carthage.

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 the Press Secretary.

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