Clean Water Commission Overturns CAFO Permit

On a 4-2 vote, the Missouri Clean Water Commission has overturned a Concentrated Animal Feeding Operation (CAFO) permit previously issued by the Missouri Department of Natural Resources to Trenton Farms RE, LLC.
The action took place on Feb. 17 and the following information was provided by the attorney representing the group Hickory Neighbors United, Stephen Jeffery:
In April 2015, Trenton Farms, whose corporate office is located in Pipestone, Minnesota, submitted an application to construct a 6,056 head swine CAFO in a rural area in Grundy County, Missouri. Trenton Farms proposed to annually land apply approximately 4.4 million gallons of liquid hog manure generated at the CAFO on 784 acres of nearby fields. In August 2015, over the objections voiced by Hickory Neighbors United, Inc., a group composed of area residents and local farmers, the Missouri DNR issued a CAFO permit to Trenton Farms.
In October 2015, after an appeal was filed by Hickory Neighbors, the Missouri Administrative Hearing Commission conducted a hearing in Jefferson City. During the hearing, Hickory Neighbors presented evidence that the proposed CAFO location frequently floods from Hickory Creek and that Trenton Farms was a shell company that had no assets or financial resources to operate and maintain a CAFO.
In December 2015, the Administrative Hearing Commission issued a Recommended Decision that the Clean Water Commission affirm the CAFO permit and deny the appeal.
The Administrative Hearing Commission determined that an engineer’s seal on construction design drawings constituted sufficient evidence that the proposed CAFO buildings would be located out of the 100-year floodplain. Further, the Administrative Hearing Commission concluded that because Trenton Farms was a registered LLC with the Secretary of State, it was a permanent organization responsible for the operation, maintenance, and modernization of the CAFO.
In rejecting the Administrative Hearing Commission’s recommendation and in overturning the CAFO permit, the Clean Water Commission stated it had concerns about flooding and the lack of fiscal resources.
“We are ecstatic about the Commission’s decision,” said Lee Ann Searcy, president of Hickory Neighbors United. Searcy added, “Because we have lived in this area all our lives, we are very familiar with the significant flooding that occurs here.”
“The Clean Water Commission’s regulations require that Trenton Farms submit proof that it is a permanent organization and that it is financially responsible for the operation and maintenance of the CAFO,” said Jeffery. “During the course of the hearing, Trenton Farms admitted it had no assets or bank accounts. Because it is a shell company, our position is that it failed to submit the proof required by the Commission’s regulation and the Commission agreed with us.”
After the Clean Water Commission enters a formal order overturning the permit, Trenton Farms will have 30 days in which to file an appeal with the Court of Appeals in Kansas City.