Hog farm opposition files appeal of Department of Natural Resources permit

Friends of Responsible Agriculture states three main areas of concern

Piglets drink milk from their mother inside the University of Missouri's National Swine Resource and Research Center during an informational tour for the media in 2014.
Piglets drink milk from their mother inside the University of Missouri's National Swine Resource and Research Center during an informational tour for the media in 2014.

Friends of Responsible Agriculture (FORAG), a local confined animal feeding operation (CAFO) opposition group, recently filed an appeal against the operating permit for Callaway Farrowing, LLC, to bring a more than 10,000 hog-facility to Kingdom City.

The Missouri Department of Natural Resources (DNR) issued an operating permit to Callaway Farrowing LLC in November.

"The interests our organization seeks to protect are germane to our organizational purpose, which is to ensure that socially responsible agriculture practices endure in our community, and our appeal of this permit does not require the participation of individuals members," the appeal states. "Friends of Responsible Agriculture is, therefore, an aggrieved party that was adversely affected by (Missouri Department of Natural Resources') decision to issue the permit and is therefore entitled to a hearing before this body..."

The appeal, addressed to the Missouri Administrative Hearing Commission, outlines three areas of concern - health and welfare, technical deficiencies and arbitrary and capricious reliance on interim guidance - in a nearly-final attempt to stop the hog farm.

Health and welfare

In the appeal, FORAG states that because of the proximity of the CAFO to some of the FORAG members' homes, they worry about potential adverse effects for the health of themselves, their children and grandchildren. The group also lists property values and "aesthetic enjoyment" of their land as points of concern.

It goes on to state that "myriad studies" - crediting information from the Center for Disease Control - have proven that people living near CAFO facilities experience medical conditions such as more antibiotic resistant infections, respiratory illnesses, depression and asthma.

FORAG's fear over how the hog facility could damage water quality is also included in the appeal. A crew will pump out manure from deep underground pits twice a year and will apply that to acreage nearby, pursuant to agreements. The appeal states this "will result in an exorbitant amount of the worst smelling pollution spread out upon our lands and filtering into our surface and ground waters."

"In addition, growing bodies of evidence show that CAFO manure contains high concentrations of antibiotics and other growth hormones that were fed to the animals during their confinement and dispelled through the animals' natural digestive processes," the appeal states. "In such high concentrations, there can be no doubt that pollution and harm to our environment will occur."

Technical deficiencies

Enlisting the expertise of Oklahoma-based private engineer Kathy Martin, FORAG's appeal lists technical problems with the potential hog farm. The appeal states the permit application public process was "fraught with error" in regards to public notice and accuracy of notice contents.

"The Callaway Farrowing, LLC permit application itself is incomplete and contains contradictory information with respect to the true applicant and other responsible parties who will be deeply involved in the technical, managerial and financial operation of the CAFO," the appeal states. "The MDNR/Clean Water Commission response to public comments was conciliatory and for the most part downplayed all of the public's real concerns regarding the location of a very large hog confinement facility near their immediate neighborhood, the technical deficiencies of the permit application, and the existence of a legal contract to not expand the hog confinement on certain properties."

FORAG has a particular problem concerning three bodies of water near the site location. The appeal states these three water bodies were not discussed in the permit application or brought up in conversations between the DNR and applicant until after the public raised a red flag in written comments. In response, the appeal states the DNR said Callaway Farrowing "has submitted a plan for the draining and grading of ponds at the proposed site prior to construction." It continues to state that the public was not informed of the draining and grading plans before the public meeting and close of public comment.

The document also lists land application uses, water quality monitoring and the facility's export-only status as other areas of concern under the technical deficiencies category.

Arbitrary and capricious reliance on interim guidance

Missouri House Bill 28 took effect in August 2013 and no longer required CAFOs to submit a construction permit. Prior to the legislation, applicants had to submit engineering reports, plans and assurances before being issued a construction permit. Now, according to the appeal, the DNR relies on interim guidance titled "Proposed CAFO Operating Permit Process When a Construction Permit is Not Required."

The appeal states, "Rather than promulgate emergency rules to deal with the ambiguity caused by House Bill 28, the department chose to rely on "proposed' - not even final - guidance to issue the permit."

FORAG president Jeff Jones said he hopes the appeal points out systematic flaws and make certain the process was fair in this case and cases to come.

"We're excited to go forward ... It's the right thing to do. It shows there needs to be reform," Jones said.

If the appeal is denied, Jones said the opposition will rely on an agreement signed 15 years ago by Gary Horstmeier, owner and operator of Horstmeier Farms where the potential hog farm will be located, and nine of his neighbors. The agreement states the operators, defined as Gary Horstmeier, will "not construct, operate, expand or in any way participate in the operation of any concentrated animal feeding operation (CAFO) or animal processing facility (APF) located within five miles of the existing Callaway County facility." Jones has claimed that proposed site will sit two and a half miles from Horstmeier's current hog facility.

Jones said FORAG has hired Charlie Speer, a Kansas City-based attorney with expertise in CAFO regulations, for legal counsel.