Thursday, April 28, 2005

$10,000 Fine Per Day Per Violation

OK, what has happened to the Notice of Violation, that was upgraded following RES's failure to adequately respond to the March 29, first Notice of Excess Emissions? What's happened to the second Notice of Emissions dated April 6th? Did the Missouri Department of Natural Resources(MDNR) upgrade it on April 21 (15 days to respond) to a Notice of Violation? Are there two Notice of Violations now? According the The Joplin Globe, Carthage Plant Cited Third Time For Odors, April 26, 2005, RES is subject to a $10,000 fine per day per violation. http://www.joplinglobe.com/archives/story.php?story_id=96453 .
Wednesday, May 3, will be the 15th day since the April 18 third Notice of Excess Emission. If today is any indication, RES is no where close to getting the problem fixed, let alone getting it under control. I say let's quit waiting, and start collecting the $30,000 per day in fines. Don't forget to file your complaint with MDNR, http://www.dnr.state.mo.us/concern.htm . It is important that we help them document the smell.

Help! It's Bad Today!

It has been stinking in Carthage for at least 6 hours this afternoon/evening! The Carthage Senior High School has apparently been down wind from the smell all afternoon and evening. Today when school got out at 3:00 pm, the smell was sickening. At 7:00 pm tonight, there were 300+ people attending a scholarship awards ceremony in the High School auditorium. As people entered the auditorium, the nauseating smell was stifling. When the ceremony was over at 9:00 pm, those people exiting the auditorium were sickened by the smell. This is a crime. Why can't we get a restraining order against Renewable Environmental Solutions LLC (RES)? They are ruining our community. Please help us, if you can!

Wednesday, April 27, 2005

RES Engages Shook, Hardy & Bacon LLC to Defend

Shook, Hardy & Bacon LLC, a Kansas City Law Firm (http://www.shb.com) has been engaged to defend Renewable Environmental Solutions LLC (RES) in the nusiance suit filed by the City of Carthage and the State of Missouri. The attorney assigned to the case is Mark Anstoetter (http://www.shb.com/shb.asp?pgID=929&attorney_id=50&st=f, an expert in environmental regulatory compliance cases. Hopefully he will advise his client to fix it!

Sunday, April 24, 2005

Not Reluctant to Use a Heavy Hand!

Doyle Childers-Director, Missouri Department of Natural Resources, does not mince words with regard to his position on the Renewable Environmental Solutions LLC (RES) plant. He said that he is not reluctant about using a heavy hand to bring a company into line. "If we cannot find a solution (with RES), then we are going to lose that plant because it cannot continue to operate as it is. That's the worst case scenario I have of all of the scenarios out there. That's jobs lost. That's a negative economic impact. But, it's the only thing we can do to protect the environment and the people of Carthage."
"Our goal is going to be to get people in compliance. I'm not so interested in writing a lot of violations or fining people. What I want to do is get them where they are no longer creating a problem. But there are some players who are repeat offenders, who skirt the law whenever they can. Those are the ones we are going to have to be more heavy handed with." The Joplin Globe, Sunday, April 24, 2005 http://www.joplinglobe.com/story.php?story_id=183034&PHPSESSID=0af0016436c8c8c717058c0377fadc43

I guess that only actions and time will tell which category RES falls into!

Saturday, April 23, 2005

RES Cited Third Time for Odor Emissions

Renewable Environmental Solutions LLC (RES) has been caught a third time for excess emissions by the Missouri Department of Natural Resources(MDNR). The violation was April 18, 2005. MDNR also reports that they have received 31 complaints already this month (April) regarding odors. MDNR staff is monitoring the air emissions daily. RES has 15 days to respond and provide MDNR information about a potential startup, shutdown or equipment malfunction.
March 29th, 1st Notice of Excess Emissions, Upgraded to VIOLATION
April 6, 2nd Notice, 15 days to respond
April 18, 3rd Notice, 15 days to respond
RES says that they plan to install a 'used' thermal oxidation unit within the next 2 weeks.
The Carthage Press, RES Cited a Third Time for Odor Emissions, April 23-24, 2005

Saturday, April 16, 2005

That's Twice!

RES Odors Cited By DNR, The Carthage Press, April 16-17, 2005
DNR Issues Two More Odor Notices, The Joplin Globe, April 16, 2005
The Missouri Department of Natural Resources issued a second air polution notice to Renewable Environmental Solutions, LLC, based on another violation observed April 6. MDNR is using infrared spectrometers daily to monitor and to identify specific compounds and their quantities to substantiate violations.
In addition, City residents are being encourage to write the City Attorney, (City of Carthage, 326 Grant, Carthage, MO. 64836)informing the City of any/all incidents, describing the odor and duration in which they smelled the odor.

Thursday, April 14, 2005

What Does It Take?

"RES has received numerous complaints and has had ample opportunity to find a remedy. Perhaps the court will get the company's attention where the city and public could not". Missouri Attorney General, Jay Nixon. The Joplin Globe, April 14, 2005

A Public Nuisance!

"The people of Carthage deserve the right to enjoy their homes and their community without having to tolerate a rotten stinch every time they walk out their front door." Missouri Attorney General Jay Nixon said.
The lawsuit states that (RES) "continues to cause odors that unreasonably interfere with the use and enjoyment of private and public property, and threaten the public comfort, safety, peace and welfare."
Julie Gelfand, spokeswoman for Renewable Environmental Solutions, LLC said, "RES is comitted to operating as a responsible neighbor". Don't you wish that you had responsible neighbors like RES?
The Jasper County Circuit Court is being asked to declare the odor from Renewable Environmental Solutions LLC a public nuisance and to order the company to take steps to eliminate it. The Joplin Globe, April 14, 2005 http://www.joplinglobe.com/story.php?story_id=181156&c=87

Wednesday, April 13, 2005

30 Days is Up! Lawsuit is Filed

In a voice vote that bordered on a shout, the Carthage City Council on Tuesday night, unamiously authorized the legal action against the company (Renewable Environmental Solutions).

The petition was filed today by Harry D. Bozoian, an Assistant to the Missouri Attorney's General. Kenneth Johnson, Carthage City Mayor said, "They called and offered their help, and I said, 'You bet.'", referring to the offer by Missouri Attorney's General Office to assist in filing the case against RES. The Joplin Globe, April 13, 2005

The Company Can Control These Odors!

Joseph P. Bindbeutel, Chief Counsel for the Environmental Protection Division of the Missouri Attorney's General Office said, "The technology is out there; it can be put in place. The Company can control these odors." Bindbeutal said that capturing the odorous emissions required a "fairly easy but expensive" solution. The Carthage Press, April 13, 2005

The question is, will RES do it?

More Headlines...It's Getting Interesting!

Council Hopes Lawsuit Pressures RES to Find a Fix, Carthage Press, Wednesday, April 13, 2005 http://www.carthagepress.com/articles/2005/04/13/news/news1.txt

State to Join Odor Lawsuit, The Joplin Globe, Wednesaday, April 13, 2005 http://www.joplinglobe.com/story.php?story_id=181055&c=87

RES Outlines Plan to Curb Pollution, The Carthage Press, Tuesday, April 12, 2005 http://www.carthagepress.com/articles/2005/04/12/news/news1.txt

State Cited Tyson Plant, Plant Closed Same Day Company Fined For Odor, The Joplin Globe, Tuesday, April 12, 2005 http://www.joplinglobe.com/archives/story.php?story_id=94778

City, Attorney General May File Lawsuit Against RES, The Carthage Press, April 11, 2005 http://www.carthagepress.com/articles/2005/04/11/news/news1.txt

City Council Ponders Suit Against RES, Attorney General Working With Carthage Officials, The Joplin Globe, Saturday, April 9, 2005 http://www.joplinglobe.com/archives/story.php?story_id=94327

Saturday, April 02, 2005

We Definitely Have Their Attention!

"We definitely have their attention", said Bruce Martin, Missouri Department of Natural Resources (MDNR) Regional Director-Springfield. "They are going to have to spend the necessary resources to fix the problem. We want them to be successful, but they can't continue to operate and cause a problem for the community. We want them to use all necssary resources in an expedited fashion to get the problem resolved" The Joplin Globe, April 2, 2005.

According to a statement issued by MDNR, RES was issued a Notice of Excess Emissions (NOEE). RES was also issued a Water Pollution Violation, after MDNR staff "found two truck trailers at the entrance of the facility spilling contents of blood and water or meat byproducts onto the roadway". After what MDNR officials saw on their March 25 visit, RES's current generic permit for stormwater is no longer appropriate. RES must fix the problem by April 8, and will need to apply for a site-specific storm watyer permit by June 1 since the facilities's general operating permit for storm water is no longer appropriate. The Carthage Press, April 1, 2005

More Headlines...I Think We're Getting Somewhere!

Carthage Plant Cited for Odors, The Joplin Globe, Saturday, April 2, 2005 http://www.joplinglobe.com/story.php?story_id=177039

RES Cited for Air, Water Pollution, The Carthage Press, Friday April 1, 2005

DNR Checks Possible Breach, The Joplin Globe, Thursday, March 31, 2005 http://www.joplinglobe.com/archives/story.php?story_id=93286

DNR Weighs in on Smell Issue, The Carthage Press, Tuesday, March 29, 2005