Hog Farm Opeartor Files Appeal Against Clean Water Commission

A company that is seeking to locate a hog farm in the Hickory area has filed an appeal asking to have a decision by the Missouri Clean Water Commission overturned.
Trenton Farms RE LLC filed the appeal Friday in the Circuit Division of Grundy County Court, asking Third Judicial Circuit Judge Jack Peace to overturn a decision by the Clean Water Commission to overrule the Missouri Department of Natural Resources’ granting of a permit to Trenton Farms.
The request for judicial review states that the CWC concluded that the MDNR failed to meet its burden of proving that the permit was issued unlawfully because it did not show that the proposed location of the CAFO was protected from inundation or damage due to the 100-year flood in accordance with law, and additionally, that the CWC found that Trenton Farms did not qualify as a “continuing authority” to operate the facility in according with law.
In its decision, the CWC disagreed with an Administrative Hearing Commission’s finding that the Concentrated Animal Feeding Operation would be protected from inundation or damage due to the 100-year flood that could occur in that area of the county. It found that while an engineer certified that the manure management and containment system is designed in general conformance with applicable laws, codes and regulations, the engineer’s certification and seal were attached to the calculations document, not to the permit application as a whole and that it provides no direct evidence that the CAFO is protected from flood.
In addition, the CWC said Trenton Farms RE LLC did not meet the requirements of a “continuing authority.” State regulation requires “that a permanent organization exists which will serve as the continuing authority for the operation, maintenance and modernization of the facility for which the application is made.” While the CWC did not disagree with the MDNR’s finding that Trenton Farms is a permanent organization, it found that the regulation requires more than just a permanent organization, but also includes the phrase “which will serve as the continuing authority for the operation, maintenance and modernization of the facility,” something which the DNR must prove, but has not.
The appeal states that the MDNR continues to interpret that regulation as meaning nothing more than showing an applicant is a permanent organization, essentially ignoring the CWC ruling.
The CWC’s finding, according to Trenton Farms, is contrary to law, arbitrary, capricious and unreasonable, not supported by competent and substantial evidence in the administrative review, based upon unlawful proceedings and is in violation of the appellant’s constitutional rights to due process and equal protection under the law.
Trenton Farms is seeking an order vacating and setting aside the final decision issued by the CWC, an order finding that the MDNR met its burden of proving that the permit was issued to Trenton Farms in accordance with Missouri law, an order remanding the matter to the MCWC with directions to issue the permit to Trenton Farms and an order compelling the CWC to pay Trenton Farms for a reasonable sum for its attorney’s fees and expenses.