AG files suit against Black Oak Organics

Springfield-based Black Oak Organics LLC, CHP Environmental Inc., and owners Craig Post and Alan Chappell are facing a lawsuit for violations of the state’s clean water law.

Missouri Attorney General Chris Koster filed the action June 29 in Lawrence County Circuit Court.

The suit comes nearly a year after the Missouri Department of Natural Resources revoked Black Oak Organics’ permit to operate its Verona composting facility, which recycles food and construction waste for sale as landscaping mulch and for erosion control. By request of the DNR, the Missouri Clean Water Commission in November referred the case to the Attorney General’s Office.

Attempts to reach Ron Hardecke, Clean Water Commission chairman, were unsuccessful.

During inspections at the Verona facility between 2007 and 2009, DNR found that stormwater became contaminated with organic matter when it flowed over the company’s compost piles, sawdust piles and asphalt shingles, according to a news release from Koster’s office. The allegations say that stormwater containing leachate and sludge was discharging into a nearby tributary of Honey Creek, where it can seep into the groundwater table, according to the release and previous Springfield Business Journal reports. Leachate is water that collects contaminants as it trickles through wastes, pesticides or fertilizers, according to the U.S. Environmental Protection Agency.

Even though Black Oak deals with organic material, it still is possible to violate state clean-water laws, according to Larry Archer, DNR spokesman.

“It’s a violation of the clean-water law to put something into the waters of the state that causes discoloration or stagnation or otherwise affects the overall quality of the water,” he said.

Archer said it was his understanding that water discoloration was happening in the Black Oak case.

“What I’m seeing in a lot of the background material is that a lot of this stuff is causing discoloration, turning the water black,” said Archer.

Koster said in the release his office contacted the defendants with a proposed settlement agreement to resolve the violations, but the defendants refused to settle. Nanci Gonder, spokeswoman for Koster, would not elaborate on the terms of the agreement.

“The defendants were given the opportunity to correct violations of Missouri’s clean water laws,” Koster said in the release. “This office will aggressively pursue those who show disregard for our environmental laws.”

Black Oak Organics co-owner Post referred questions to Jim Arneson, the company’s Springfield-based attorney.

“Since I’ve been in trial, I’ve not been able to take a look at this,” said Arneson. “I’ve heard that it’s been filed, I don’t know if my client has been served.”

According to previous SBJ reports, Black Oak Organics’ customers include Price Cutter and Drury University’s food-service provider, Aladdin Food Management Services LLC,  based in Wheeling, W.V.

Aladdin Food Services has been a customer of Black Oak since August 2008, said Mark Miller, Drury spokesman.

“They take our food waste scraps from commons and compost it,” said Miller, who noted that Aladdin was still a customer of Black Oak as of the spring semester.

“Right now, they’re not doing much because school is out and the commons isn’t open for business.”

Koster is asking the court to issue preliminary and permanent injunctions requiring the defendants to comply with the Clean Water Law; to assess a civil penalty not to exceed $10,000 daily for each violation; and to require the defendants to pay court costs.

Black Oak Organics, formed by Chappell and Post in 2005, collects and composts organic waste such as construction materials, contaminated paper and cardboard from area restaurants, grocers, schools and manufacturers. The company then sells the resulting mulch and compost for landscaping and erosion control purposes. The owners have said their work decreases the greenhouse gases emitted at landfills.

The Springfield-Greene County Environmental Advisory Board honored Black Oak Organics with the Choose Environmental Excellence Award in April 2008.

Last November, when the alleged violations were referred to Koster’s office, Chappell said he hoped to resolve the issue.

“I’ve not talked with them since it’s been filed,” said Arneson of his clients. “There’s always the possibility we can try to resolve it. In my opinion, they’ve been extremely cooperative.”[[In-content Ad]]