Nixon files second suit against Carthage plant

Nixon’s Jan. 11 suit alleges RES has repeatedly violated state odor regulations and its permit from the Missouri Department of Natural Resources. He is asking the court to order the company to pay penalties – something Nixon’s first lawsuit could not do.

Last April, Nixon’s office and the city of Carthage jointly filed suit, asking the court to declare RES’ odors a public nuisance. A final resolution in the lawsuit is pending, but Missouri public nuisance laws do not allow for the recovery of penalties.

The DNR cited RES six times for odor violations between March and August last year and, according to Nixon, referred the company to his office for legal action on Jan. 3.

“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 in a news release. “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 did not comply with a special condition of its permit that requires all pre-processed solid and liquid raw materials to be stored under a roof in a storage area. The company was cited for storing the materials outdoors.

Nixon is asking the court to issue injunctions against RES to ensure that the company immediately complies with state 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 state odor regulations – up to $10,000 per day, per violation.

RES spokesperson Julie Gelfand issued the following statement in response to Nixon’s action:

“RES is once again perplexed by this precipitous action by the attorney general. We do not believe there is a legal or regulatory need for yet another enforcement action, particularly in light of the cease and desist order issued by the DNR less than two weeks ago and the fact that the attorney general already has a lawsuit on file.”

Gelfand said the company on Jan. 6 submitted an operating plan to the state and is upholding its pledge to provide updates on RES’ progress in implementing the plan.

The plant produces fuel oil from turkey by-products derived from the nearby ConAgra Foods processing plant.