Who Stinks? Not us, we're shocked !

Here is RES's Response to Missouri Governor Blunt's Action:
Although we have not yet been provided with a copy of the order, we are shocked and disappointed with Governor Blunt’s statement that he has requested that the Missouri Department of Natural Resources temporarily close our plant in Carthage. There is already a process in place where the city of Carthage and the DNR have been working closely together to ensure that Renewable Environmental Solutions (RES) operations are appropriate. In fact, RES was scheduled to meet next week with the city and DNR. With input from the DNR and the city, we have invested heavily in engineered systems and equipment to ensure that the plant is operating optimally. RES is committed to being a responsible corporate citizen as we pursue our mission to commercialize a technology that can provide Carthage, the country and the world with an environmentally sound renewable source of energy. Renewable Environmental Solutions LLC, 460 Hempstead Avenue, West Hempstead, NY. 11552

Well, if RES is shocked and disapponted, then I suspect that the public relations firm that wrote the press release (HLD/Blankman Public Relations) hasn't been in Carthage during the last 12+ months and smelled the problem. If so, instead of blaming others, and maintaining the corporate line, who stinks, not me, you?, they might have been more effective at public relations! You've heard of making lemonaid from a bunch of lemons.

If RES is shocked and disappointed, then I suspect that the Plant Management did not adequately and substantially convey the situation to RES's Directors: Brian S. Appel-Chairman and CEO, Changing World Technologies, Inc.; Howard G. Bruffet-Senior VP, BioImages, President-Bruffet Farms; Phillip J. James-Sr. VP/Environmental Health & Safety, ConAgra Foods, Inc.; Davit Katz-VP, Sterling Equities, Inc.; Saul B. Katz-President, Sterling Equities, Inc.; Alan Libshutz-President and COO, Changing World Technologies, Inc.; John S. McKeon-President & COO/Venture Development Group, ConAgra Foods, Inc.; Ira Silver-VP, Max Finkelstein, Inc., and Michael D. Walter- Sr. VP/Commodity Procurement Economic, ConAgra Foods, Inc. Since not one Director appears to live downwind from RES, you haven't seen any of them on the Carthage Square, at church on Sunday, at peewee baseball, outside mowing their grass or attending their children's band concert at Carthage Junior High School? Of course not, they don't live here! They have never smelled the stink coming from their company.

If RES is shocked and disappointed, then I suspect that RES thought that they were above the environmental law, and could just continue stinking and poluting, as long as the end justified the means.

If RES is shocked and disappointed, then I suspect that RES's Management, RES's Directors and RES's Investors never read this blog, The Joplin Globe, The Carthage Press, or The Mornin Mail. If they had, they would not have been either shocked or disappointed. Instead, they should (and would) have been embarassed!

The Joplin Globe, www.joplinglobe.com
The Carthage Press, www.carthagepress.com
The Mornin Mail, www.morninmail.com

Cease and Desist

Missouri Governor Matt Blunt has ordered Renewable Environmental Solutions LLC (RES) to Cease and Desist. The order was to be delivered to RES by the Missouri Department of Natural Resources (MDNR) Thursday, December 29, 2005. According to The Carthage Press, Thursday, December 29, 2005, http://www.carthagepress.com/articles/2005/12/29/news/news1.txt, the abatement order requires that RES stop any activities that would emit odor past its property boundaries. MDNR has been issued the task of determining if the facility can function in a "community friendly manner".

Carthage City Attorney David Mouton said that Governor Blunt's action was helpful and he was glad that the state was taking notice of the city and area problem. Mounton said that the Governor's order did two things: First, it closed the plant until there was a review to determine additional steps. Secondly, it opened up the door to the Attorney General Jay Nixon's office. Mr Mouton said that violations can now be referred directly to that office and violations can be prosecuted.

RES's Air Discharge Permit has been suspended for 60 days (or until further notice) according to The Joplin Globe, Friday December 30, 2005, http://www.joplinglobe.com/story.php?story_id=216894&PHPSESSID=0e6833793f8d9b46f3100ee6b8781baa. Before reinstatement of the permit and resuming operations, RES must take "any and all steps necessary to ensure that odors from operating the facility will not result in the emission of odors at a level such as to cause a clear and present danger to the public welfare. That includes, but is not limited to , soliciting technical assistance from recognized experts in the field of odor abatement." RES is to submit a plan to the State within seven days, outlining measures that have been undertaken or will be taken.

Missouri Department of Natural Resources Director, Doyle Childers said, " I understand that they (RES) have new equipment being installed. The goal is to find a way to operate without intruding on the lives of the folks of Carthage. That's what the Governor told us to do. We want to work toward a solution, not close down the company. But given the choice of citizens going through another year of smells or closing the plant down, the Governor said we'll close it down if that's what we have to do."

US Representative Roy Blunt (father to Missouri Governor Matt Blunt) said that his son made an "absolutely correct" decision in ordering the MDNR to close the RES plant. Rep. Blunt said that the plant has had plenty of time to solve its problems, and that the "needs of the citizens come before the use of this new technology".

Horrendous

January 6, 2006 is the date scheduled for a meeting between the Missouri Attorney's General Office, the City of Carthage and Renewable Environmental Soliutions, LLC (RES). RES is due to give a status report, responding to the Missouri Department of Natural Resources MDNR Complaints.
Carthage City Attorney, David Mounton, is quoted in The Carthage Press, Wednesday, December 14, 2005, that "RES has been anxious to put the lawsuit behind them. We've been anxious to have the problem fixed. Apparently, MDNR received enough phone complaints that the AG took notice." Mr. Mouton said that the City and State will tell RES on January 6 to "abate all odors immediately". http://www.carthagepress.com/articles/2005/12/14/news/news1.txt
Carthage City Councilmember, Jacki Boyer, was quoted as saying that 'the odor was "horrendous" last Wednesday'. Apparently when she called MDNR to report the problem, a MDNR employee told her 'you've got to learn to live with it'. I don't think that that was the answer Councilmember Boyer wanted to hear.
Can we wait 23 more days to shut down RES for good? January 6, 2006 and counting...

I Don't Need a Scentometer Up My Nose!

Tuesday, December 6, 2005 RES STINKS
Wednesday, December 7, 2005 RES STINKS
Paul Vitzthum, head of the air program, Missouri Department of Natural Resources-Springfield Region(MDNR) said that there was "an odor but no detection". "Weve never said there wasn't an odor." He said that the odor wasn't discernibly different from the odors MDNR continues to monitor on a consistent basis. Well, at least he got that right. RES STINKS!

Carthage City Attorney David Mounton was quoted in The Carthage Press, Thursday, December 8, 2005, "There was a lot (of odors) coming from somewhere. They know what smells they were getting and what they're smelling now. I don't need a scentometer up my nose to tell me that there was a smell. I don't think that the people of Carthage need one either. The people of Carthage have been very patient".

There are only 4 businesses operating in the Carthage (Industrial)Bottoms: Conagra's ButterBall plant, Schreiber Food's cheese plant, ADM's mill, and Renewable Environmental Solutions, LLC(RES). I have lived in Carthage for 15+ years. Never in the last 15+ years (before the RES plant was built) did Carthage stink like it does now. Never in the last 15+ years (before the RES plant was built) did the Carthage citizens, the Carthage City Council, the MDNR, the Missouri Attorney's General, and the Governor have a need to talk about stink in Carthage.

So what has changed? RES STINKS. What more needs to be said? I agree with City Attorney Mounton, I don't need a scentometer (stinkometer) up my nose either. RES STINKS! Did anyone bother to check and see if MDNR's scentometer is even calibrated correctly? Did anyone bother to check and see if MDNR's scentometer is even operable? Did anyone bother to check and see in MDNR's staff is even trained to operate the scentometer? Hey guys, it stinks. Get rid of the polluters!

Quite a Ways to Go

Michael Foresman, Chairman, Missouri Air Conservation Commission, said that Renewable Environmental Solutions, LLC (RES) has made strides in odor-control efforts, but it still has "quite a ways to go". The Joplin Globe, Thursday December 8, 2005, http://www.joplinglobe.com/story.php?story_id=213919&c=87
"They've got quite a ways to go on odor emissions" and "It smelled pretty bad", were other comments Mr. Foresman made during a tour of RES yesterday, December 7, 2005.
What's curious to me is that though the commission sees complaints involving RES, no issues involving action by the comission have come before the panel. The Air Conservation Comission is meeting today in Springfield, for its regularly scheduled monthly meeting.
RES was stinking yesterday (wind out of the NE), I can only imagine what the Commissioners said about Carthage and "the smell" when they got in their vehicles and left town. I'm sure it was something like, 'I'm glad that I don't live there!'

And the Missouri Attorney General says...

The Missouri Attorney General said that the plant (Renewable Environmental Solutions LLC -RES) was a public nuisance and filed a suit against it, along with the City of Carthage and the Missouri Department of Natural Resources (MDNR). The Carthage Press, Tuesday, November 29, 2005, www.carthagepress.com.
"The operation of the processing plant and associated waste storage and handling activities causes and continues to cause odorous compounds to be emitted in such concentrations, durations and frequencies that it unreasonably interferes with the use and enjoyment of private and public property in and around the community of Carthage.
"The odorous emissions from the processing plant are offensive to neighborsn ad the general public and, based on information and belief, threaten the poublic comfort, safety, peace and welfare of the general community."
The Attorney general said "unlawful acts of the defedant are of such a continuing nature...that plaintiffs believe that the public nuisance will persist unless the defendant is restrained by the Court."
I couldn't have said it better! Now, lets get the case to court.

Key Points of Sen. Nodler's Legislation

Missouri State Senator Gary Nodler has released the Key Points of legislation that he filed December 1, 2005:
(1) Require the Director of the Missouri Department of Natural Resources(MDNR) to establish a timeline for decision-making within 90 days of receipt of a permit application. The director would be allowed to amend the timeline once.
(2) Increase fines for multiple violations. If there is more than one violation of the same type within 36 months, the fine would be increased by a multiple equal to the number of violations within that time period.
(3) Establish a definition for "persistent violator". If there are six similiar violations in a 12-month period or 12 violations withing 36 months, the offending party would be deemed a chronic or persistent violator, and would forfeit the permit to operate.
(4) Empower the MDNR to apply the statutory penalties for air and water violations to odor violations, which have been developed by administrative rule by the MDNR.
(5) Apply to large livestock operations called concentrated animal feeding operations (CAFO) and to entities that convert aniumal waste into oil.
The Joplin Globe, Tuesday, November 29, 2005, www.joplinglobe.com . Sen Nodler said that "The Bill does not change the rules and regulations. It just gives teeth to the rules." He explained that a company that repeatedly violates the rules would forfeit its permit to operate.

I appreciate Sen. Nodler's effort to put teeth in the rule. However, we need to change the level at which the 'scent-o-meter' qualifies a violation. MDNR made 21 "official" visits to Renewable Environmental Solutions LLC (RES) in September 2005, and another 21 in October 2005, and was able to smell an odor, but not document it. I don't know what the benchmark is currently, but it needs to be adjusted downward. If it stinks, they out to be cited and fined.

It's Time to Change the Regulations

Missouri State Senator, Gary Nodler, smells the weakness in the regulations governing consistent polluting violators, i.e. RES. Sen. Nodler explained that his proposed legislation doesn't change the standards, but it identifies consistent violators and will statutorily empower the Missouri Department of Natural Resources (MDNR) to enforce what it has in place. The Carthage Press, November 26-27, 2005, www.carthagepress.com. Sen. Nodler said that he knows there is a public concern and that he doesn't feel penalties are adequate. He plans to seek legislation increasing the penalties for violators.

What to do about a Nuisance (RES)

"It smelled like RES to me, more than a nuisance level to me," said Carthage City Attorney, David Mouton. The Carthage Press, November 19-20, 2005, www.carthagepress.com. RES reported a 'malfunction' at 3:20 pm, Monday, November 14, 2005, due to an electrical switch that failed on the ozone generator.
RES has until the first of the year to put its new equipment in place and find out how well it functions. The Missouri Department of Natural Resources (MDNR) admits offensive odors have occured since RES' last violation on July 27, 2005, but not strong enough to be detected through the department's primary tool, the scentometer. Mr. Mouton said, "If it is not a regulatory violation, it may operate at a nuisance level."
Mark Rader, Air and Land Section Chief of the Southwest Regional Office (MDNR) said, "We encourage all residents to notify us of their concerns. It is their right as a citizen, and it is our responsibility as a regulatory agency to respond fairly to each and evry one of them." Residents can report any odors to MDNR by calling 417-891-4300 until 5:00 pm. during thwe week, or 573-634-2436 after 5:00 pm. or on weekends.