Attorney General's News Release

June 27, 2006

Nixon obtains judgment for RES to pay record penalties for past odor violations; public nuisance lawsuit continues

Carthage, Mo. — A Carthage turkey-processing facility that repeatedly violated state odor regulations will pay $100,000 in civil penalties under a consent judgment obtained today by Attorney General Jay Nixon, the largest amount ever obtained in Missouri for an odor case. Under the agreement, Renewable Environmental Solutions (RES), which converts turkey parts into biofuels, also will pay a $25,000 penalty each time it is cited by the state for odor violations in the next two years — two and a half times the maximum penalty of $10,000 normally allowed under the Missouri Air Conservation Law.

“These odors have had a significant impact on the quality of life for many Carthage residents,” Nixon said. “The record penalty we are obtaining from RES — and the prospect of large penalties for any future violations — will go a long way to ensure compliance. My office will continue to closely monitor this situation, and we will continue to use our legal resources to protect area residents.”

The consent judgment filed today in Jasper County Circuit Court resolves a lawsuit Nixon filed in January to seek penalties against RES for past odor violations.

The separate public nuisance lawsuit jointly filed by Nixon and the city of Carthage remains on file.

RES will pay a civil penalty of $175,000 to the state, with $100,000 due up front and the remaining $75,000 to be suspended and deferred unless the facility is charged with additional violations of the Missouri Air Conservation law during the next two years. RES also agrees to comply with the Missouri Air Conservation Law and all of its regulations at its Carthage plant.

RES operates the plant at 530 N. Main St. in Carthage 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 Press Secretary John Fougere.

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