Odor Smelled Distinctively Like RES

The Joplin Globe, Saturday, January 28, 2006 reported that a news release, issued on behalf of Renewable Environmental Solutions LLC (RES) said that RES's "new odor-control systems performed well under full load conditions during the limited operation schedule." Hummm. Compare that to comments made by Carthage City Attorney, David Mouton, when he, along with others noticed odors late Wednesday and into Thursday (January 25-26, 2006), "I thought that the odor smelled distinctively like RES, more like a rotten animal smell earlier in the day, then later, a burned smell." Once again, I would suggest that RES' public relations firm stand downwind from their client's operation, and take a deep breath, before opening their mouth!

Cleaning Out RES

The Missouri Department of Natural Resources (MDNR), has given Renewable Environmental Solutions LLC (RES) permission to start-up their facility, long enough to clean out the lines and tanks of the facility. RES has agreed not to process any new material. The Carthage Press, Friday January 20, 2006 reports that RES will also be testing their new odor control systems during the clean out process.

State of Missouri vs. RES

The State of Missouri
The Missouri Air Conservation Commission and
The Missouri Department of Natural Resources (Plaintiffs)
vs.
Renewable Environmental Solutions LLC (Defendant)

Petition For Preliminary and Permanant Injunction and Civil Penalties

Missouri Attorney's General Jay Nixon, filed the lawsuit in Carthage, Jasper County Missouri yesterday, January 11, 2006. Mr. Nixon is asking the Jasper County Circuit Court to order Renewable Environmental Solutions LLC (RES) to pay penalties for the violations at its Carthage facility. This is the second lawsuit that Mr. Nixon has filed agains RES concerning odor problems. In April 2005, his office and the City of Carthage, jointly filed a lawsuit against RES, asking the Court to declare the odors a public nuisance.

Mr. Nixon said that "The referral last week from the Missouri Department of Natural Resources (MDNR) now enables us to seek penalties for a long history of odors from this plant. This was another tool we needed to bring this facility into compliance and give relief to the citizens of Carthage." Mr. Nixon is asking the Court to issue injunctions against RES to ensure that the company immediately takes any and all steps to come into compliance with Missouri air polution laws and regulations. The lawsuit also asks the Court to order RES to pay the maximum penalty for violations of its permit and of state odor regulations. Missouri's Air Conservation law allows for a maximum penalty of $10,000 per day per violation. www.ago.mo.gov/newsreleases/2006/011106b.htm

MO. Gov. Matt Blunt's Decision

The recent decision by Missouri's pro-business Republican Governor, Matt Blunt, to close a company, was if not unprecedented, rare! On that everyone agrees. Cease and Desist Order

A headline article in today's The Joplin Globe describes Mr. Spence Jackson, Gov. Blunt's spokesman, as saying that the response was out of the box because the problem was out of the box. "Certainly the situation with Renewable Environmnetal Solutions LLC (RES) is unique. Day after day, complaint after complaint, violation after violation, an odor allegedly coming from the RES plant permeated much of the town. The stench hurt the Carthage economy, even affecting the town's psyche."

Mr Jackson added that RES was handicapping the town's economic growth. The plant, in fact, was cited six times for odor violations by Missouri Department of Natural Resources(MDNR) since April and was involved in a public nuisance lawsuit filled by the city. "They promised to make corrections, fix the problem, and they have failed to do so repeatedly.

Jefferson City: What Really Happened?

What really happened?
1. Renewable Environmental Solutions, LLC (RES) met its deadline (Thursday, Janurauy 5, 2006) for submitting an odor plan to the Missouri Department of Natural Resources (MDNR), per the mandate of the Cease and Desist Order, ordered by Gov. Matt Blunt.

2. In the Cease and Desist Order, MDNR stated that it had previously "exhausted all avenues of conference, conciliation and persuasion in an effort to assist RES in resolving this issue".

3. MDNR stated that RES never complied with special condition 5 in Permit 082002-001, which requires all solid and liquid materials awaiting process to be stored under roof in a storage area.

4. Friday morning (January 7, 2006) RES met with officials from MDNR in Jefferson City, to discuss RES's response to Cease and Decist Order, requested by Missouri Gov. Matt Blunt; their violations of state air quality laws; and the 60-day suspension of their Air Discharge Permit.

5. Friday afternoon, RES met with officials from the City of Carthage and Missouri Attorney's General office, in Jefferson City, to discuss the Public Nuisance lawsuit previously filed.

6. RES reported that they have recently spent $150,000 in odor control efforts for a new ozone generator, $175,000 for a building to enclose the loading area, and $175,000 for a building to enclose a staging area.

7. RES said that their odor control equipment had been in operation 'only a few hours' before Gov. Blunt ordered the plant shut down.

8. The Joplin Globe, Saturday January 7, 2006, reported the following: 'Those talks got a little contentious at times, said Carthage Mayor Kenneth Johnson. It may work out: hopefully it will.' Connie Patterson, spokesman for MDNR said, 'It's our understanding that they are abiding by the permit suspension and they don't intend to operate.' Carthage City Attorney David Mouton said that Brian Appel, RES, 'attended the meeting to ask for more time to see if they can get the odor problems worked out. The City would be open to giving them additional time, but our patience is not unlimited. they have to operate without stinking, from the City's perspective.' http://www.joplinglobe.com/story.php?story_id=219096&c=87

9. MDNR, at some point in the next few days will announce what the results of the meeting were, according to Connie Patterson, MDNR's Public Information Officer. She said that MDNR could ask for further information or follow-ups, re-open the plant before the 60-day period is up or seek measures to close it down. http://www.carthagepress.com/articles/2006/01/06/news/news3.txt

Recent Headlines

RES Faces Deadline for Compliance Plans, The Joplin Globe, Thursday, January 5, 2006

New RES Plan is Due Today, The Carthage Press, Thursday, January 5, 2005, http://www.carthagepress.com/articles/2006/01/05/news/news2.txt

RES Filing Meets Deadline, The Joplin Globe, Friday, January 6, 2006

RES Meets Deadline for Plan, The Carthage Press, Friday, January 6, 2006, http://www.carthagepress.com/articles/2006/01/06/news/news3.txt

RES Battle is Top Carthage Story of 2005, The Carthage Press, Weekend, January 7-8, 2006

RES Officials Offer New Odor Control, The Joplin Globe, Saturday, January 7, 2006, http://www.joplinglobe.com/story.php?story_id=219096&c=87