Lawsuit Against RES Moving Forward

The Joplin Globe, December 14, 2010, reported that Cynthia Sundy and Tricia Orr's case against Changing World Technologies (RES) was scheduled for a hearing on March 2, 2011. 'A lawsuit on behalf of Carthage residents seeking damages from Renewable Environmental Solutions is going forward again, after nearly a year and a half in limbo. On Friday(December 10, 2010), Circuit Judge David Dally held a status hearing on the lawsuit, which was originally filed in 2007. During that hearing, Dally lifted the stay that had been in effect since April 2009, after Changing World Technologies, parent of RES, filed for bankruptcy, shut down the Carthage plant and laid off its workforce. Dally also overruled a motion by RES attorneys that the lawsuit be moved to another county on a change of venue.'

The March 2, 2011 hearing 'will be about several motions, including one aimed at certifying class-action status for the lawsuit. Class -action certification would allow residents to sue as a group, rather than individually, and would oipen the lawsuit to other carthage residents who allege they were injured bu odors coming from RES.'

NOTE: To stay informed about docket entries and scheduled hearings in this case, visit Missouri Courts and click on 29th Judicial Circuit (Jasper County) and copy/paste 07AP-CC00089 for the Case number.

"What People Are Saying"

Changing World Technologies Inc (RES' parent company) has an updated website. One of the tabs on the website is called "What People Are Saying". Click on it, and you will see multiple quotes from individuals in 19 states and 3 foreign countries. They are all positive and extolling RES' benefit to mankind and the world. I guess it is curious that Changing World Technologies Inc elected to omit the thousands of comments from Carthage area residents on their web page "What People Are Saying".

Update & Recent Activity

It has been 17 months since RES was closed, and Carthage has (coincidentally) been "stink-free" since then. Recently there has been some activity regarding RES's desire to re-start the plant. Here are links to recent newspaper articles, describing Changing World's intentions.

RES in Carthage working to resume operations, The mayor cited two meetings in the last week, one with plant officials and another with plant officials and potential investors who are considering backing a plant start-up. He said officials are working to line up financing and are offering no time line on when the plant might resume operation. He said company officials say the plant will process waste oil and grease, but will not rule out the eventual proceesing of animal by-products."They said it will be an odor-free operation," he said. “I told them I’m from Missouri, and they’ll have to show me.” Company officials “were very open with me” in the discussions which Harris said left him “cynical, but hopeful. “I’d like to see them re-open, with an odor-free operation, because Carthage needs the jobs,” he said. “But I told them if there was an odor problem, I’d do everything in my power to shut then down.” Joplin Globe, July 28, 2010

City Manager: RES may reopen, Jim Crum, RES Plant manager told the City that they planned to use grease and old fry oil as the feedstock for the plant instead of the turkey offal and feathers that were used when the plant operated in the past. Mr Crum said the plant may reopen sometime in the next six months and they could operate odor-free. Carthage Press, April 14, 2010

6 Months & No Stink...This is the way Carthage was before RES

6 Months & No Stink...This is the way Carthage was before RES. Thank you Mayor Woestman for "cleaning up" Carthage. The citizens, tourists and buisness owners all appreciate the opportunity to be outside and enjoy the beautiful maple leaves and especially, the clean, cool fresh air. We can all enjoy the Maple Leaf Festival this year.

RES Official Meets with Mayor Woestman

The Carthage Press reported June 16, 2009 that Jim Crum, the newly designated Plant Manager had a 15-minute meeting with Carthage Mayor Jim Woestman. "The possibility that the Renewable Environmental Solutions plant in Carthage might reopen has Carthage Mayor Jim Woestman skeptical, but hopeful that more jobs might be created without creating the stink that was blamed on the plant in the past."

Petition to Lift Stay in Bankruptcy Case

The Carthage Press reported (Wednesday, May 6, 2009) that attorneys for Carthage resident, Cynthia Sundy, plan to file a petition with the Bankruptcy Court in New York, allowing the Sundy lawsuit to proceed. When Changing World Technologies, Inc filed for bankruptcy in March 2009, that put a hold on all legal proceedings. Cynthia Sundy's attorneys (John Tomlinson, Beasley-Allen Law Firm, Montgomery, AL) want to get the lawsuit re-started.

The Cynthia Sundy lawsuit is seeking class action status, claiming that odors from the plant had “injured area residents and property owners by diminishing their right to enjoy their property and diminished their property values,” by suggesting that it could include as many as 6,375 people in 2406 homes in Carthage.

No Odor Complaints Since Plant Shut Down

The Joplin Globe, today reported that the lawsuit against Renewable Environmental Solutions, LLC (RES) has been put on hold, due to filing of Bankruptcy by it's parent company, Changing World Technologies. Here's a surprise (wink, wink, wink), "Carthage city officials have received no odor complaints since the plant shut down" (March 1, 2009). City of Carthage Mayor, Jim Woestman was quoted as saying, "We haven't heard of any odor problems; it has been nice."

Bankruptcy News

Weil Changes Places In Changing World Chapter 11, The country’s go-to bankruptcy law firm has found itself on the wrong end of a company’s collapse for once. Weil, Gotshal & Manges, one of the leading law firms for representing companies in bankruptcy, is a creditor in the Chapter 11 case of biodiesel company Changing World Technologies Inc. The New York law firm, owed about $830,000, holds a $1 million promissory note for payment of legal fees and expenses tied to the company’s lackluster initial public offering in February. The offering failed after investors didn’t bite. Bankruptcy watchers might chuckle at the sight of Weil, famous for its work representing WorldCom and Lehman Brothers, sitting on the other side of the table fighting to get paid. (Wall Street Journal, 03/09/2009)

Changing World Technologies is being represented by Brendan M Scott of the firm Klestadt & Winters LLP.

The Chapter 11 case is pending in the U.S. Bankruptcy Court for the Southern District of New York under case number 09-10977.

Stockholders, Officers and Directors pp 70-73, 90-93
Changing World Technologies, Inc.
460 Hempstead Ave.
Hempstead, NY 11552
Phone: 516-486-0100
Fax: 516-486-0460

Cities Need Clean Air

Cities need clean air, an article by Joe Ellis, The Joplin Globe, Sunday, March 8, 2009, says it all. "When people experience an affront, an indignity or a crime, it’s expected that they will stand up for their personal and civil rights. When a group of people — say a community or an entire city — suffers those same assaults, it’s perfectly acceptable (and expected) that the group has every reason and right to redress the situation. With Renewable Environmental Solutions laying off all but a skeleton crew, and with Changing World Technologies, its parent company, announcing that it will go into Chapter 11 bankruptcy for reorganization, there is hope that a long-standing affront to Carthage residents is on its way to being rectified. It’s time that situation was made right. At this point, no one knows if the emissions from RES have any adverse health effects. Doctors tell us that being unable to comfortably breathe deeply in itself damages the lungs. Someone once said, “A livable city needs breathable air.” That’s a personal and a civil right worth fighting for."

Bankruptcy

KJFX Channel 14 television reports (Wednesday, March 4, 2009, 9:00 pm news) that Renewable Environmental Services, LLC's parent company, Changing World Technologies LLC, has filed for Chapter 11 Bankruptcy. Too bad.

Changing World Technologies Inc., based in West Hempstead, N.Y., filed for Chapter 11 protection Wednesday in the U.S. Bankruptcy Court for the Southern District of New York. In a news release, the company, which owns the Renewable Environmental Solutions LLC plant in Carthage, said it was trying to reorganize its business and find new financing "to fund its operations going forward and to move ahead with its expansion strategy." Forbes 03/04/2009

Reports: RES May Close

The Carthage Press, Tuesday, March 3, 2009, reports that there are rumors around town that RES is closing. Renewable Environmental Solutions (RES) is not speaking to the media. RES's parent company, Changing World Technologies, LLC is not talking to the media. Here is what is known: (1) Butterball is no longer sending poultry affluent to RES for processing, effective yesterday (March 2, 2009). (2) The Joplin Workforce Investment Board is planning a "Rapid Response" meeting for RES employees at 10:00am Friday, March 6, 2008. Typically this is done to provide counseling, alternative employment and unemployment information for large groups of employees, being layed off. City of Carthage Manager, Tom Short, said that he had heard the rumor but had not received any official notification from RES.
Good bye.

The Joplin Globe reported, Wednesday, March 4, 2008, "Center Notified of Layoffs at RES" Three weeks after withdrawing its bid to go public in an effort to raise capital, Renewable Environmental Solutions in Carthage appears to be laying off much of its work force. Officials with the Missouri Career Center said Tuesday that they had been told of layoffs involving 49 workers at the plant that converts animal products into oil products and fertilizer. On Feb. 12, Changing World Technologies, the RES parent company, filed documents with the Securities and Exchange Commission withdrawing its bid to go public. Changing World Technologies in August launched a bid to go public in a bid to raise $100 million. The company has been dealing with lawsuits over construction and odor emissions from its Carthage plant. In addition, previous SEC filings indicate the company was losing tens of millions of dollars per year, has not been able to operate the Carthage plant at full capacity, and has experienced times when the plant temporarily shut down. The company reported a net loss of $21.8 million in 2006, followed by a net loss of $19.9 million for 2007 and a net loss of $18.8 million through Sept. 30, 2008. The company had an accumulated deficit of $117.8 million as of Sept. 30, the filings state.

RES wants trial moved...that's curious?

Attorneys for RES want the trail moved outside of Carthage. Isn't that just a little curious. They maintain that RES doesn't stink, but yet they don't want to take a chance that the City of Carthage stinks during the trial. Obviously they are afraid of "the evidence".

The Joplin Globe reported, 02/18/2009, Attorneys for RES, residents argue change-of-venue motion. "Factors ranging from recent publicity to Internet postings to a new Carthage odor ordinance make it impossible for Renewable Environmental Solutions to get a fair trial in Jasper County, an attorney for the company argued Wednesday. Stan Sexton, representing the Carthage biofuels company, argued that a court in some other county should hear the lawsuit filed by a Carthage resident who contends that odors from the plant make it a nuisance, and that she and others are entitled to damages as a result."

What do you think? Since RES claims that they don't stink, why not hold the trial at the Carthage Court House, downwind from the plant?

Odor Ordinance PASSED

The City of Carthage passed their new Odor Ordinance, Tuesday, January 27, 2009. The vote was unanimous, even after J. Stan Sexton, attorney with the law firm, Shook, Hardy & Bacon-Kansas City Missouri tried to persuade them otherwise. City Council Member Diane Sharits said it all, “It’s a little bit difficult for someone to come in here and tell us what smells and what doesn’t smell when we smell it on a regular basis. The reason we enacted this (ordinance) this evening is because we smell it… on a daily basis, and we always get responses (from RES) saying ‘We’ve had a problem, we’re fixing it.’ Well, the problem hasn’t been fixed for a number of years, and we’re ready to move forward.” The Carthage Press, 01/28/2009.

City of Carthage Mayor, Jim Woestman said, “We still want to get along, but they stink.” Woestman said he has no objection to a cooperative effort, but that the city is not willing to back off on a new ordinance that would impose stricter odor standards than current state rules, and impose fines when industries are found guilty of violations. The council has approved the purchase of an odor-measuring device, and the ordinance sets the dilution ratio for violations at 5-to-1. Companies now can be found in violation of state rules if they emit odors that are detectable at a dilution of 7-to-1. Woestman said the measure won’t go into effect immediately, because the equipment won’t arrive until next month, and city workers will have to be trained. The Joplin Globe, 01/28/2009

Odor Ordinance Update v.1

The Carthage Press reports in today's paper that the Carthage City Council's Public Works Committee has submitted the first draft of a proposed odor ordinance. Here are highlights of the proposed ordainace, as reported in the article.

The new nuisance regulations set up three criteria for determining what is an offensive odor and when it should be cited by the city.

"The offensive odors defined, those three criteria are what Nate and I discussed and just kind of put in there for discussion purposes," Short said. "It gets to the point of whether we're going to use equipment to do all of that or if it will be based on a complaint system. The way this is set up it's both."

The three criteria for an offensive odor are:

• When 25 percent or more of a sample of 10 or more people, or 75 percent of a sample of fewer than 10 people exposed to the odor believe it is objectionable.

• When the odor can be detected in a diluted solution of five parts clean air to one part odorous air in two separate trials not less than 15 minutes apart within one hour according to a Scentometer made by the Barnebey and Sutcliff Corp. or another similar technique that will give equivalent results.

• As determined by a code official.

"The proposal is if they're convicted, not less than $500 per day for every violation," Short said. "Plus the city would have the option of getting injunctive relief to get them shut down. (The ordinance) talks about the city having the ability to enter the plant to enforce the regulations on the books. It's fairly straight forward."

Committee members also discussed spending $2,500 to buy a more modern "Nasal Ranger," a machine that can calculate and record the presence of odors more accurately and scientifically than the Scentometer mentioned in the ordinance. The Scentometer is a wooden box with filters that a person uses to mix air samples to see how severe an odor is. According to the Web site www.nasalranger.com, "The Nasal Ranger Field Olfactometer is the 'state-of-the-art' in field olfactometry for confidently measuring and quantifying odor strength in the ambient air. The Nasal Ranger Field Olfactometer, a portable odor detecting and measuring device, determines ambient odor 'Dilution-to-Threshold' (D/T) values objectively."

The Missouri Department of Natural Resources currently uses a seven-to-one ratio of odorous air to clean air as a standard for a violation. For weeks, Mayor Jim Woestman has attended meetings of a DNR committee trying to get them to reduce the ratio needed to trigger a violation to four to one, without success. Woestman said the DNR has told him that under a ratio of four to one, almost any odor would trigger a violation. The new ordinance calls for a ratio of five to one. "We definitely don't want it to tight," Woestman said. "Apparently 4-1 is too tight and 7-1 is too loose so either five or six I think we ought to pursue."

Carthage Odor Ordinance

Today's The Joplin Globe, Carthage Council Panel Seeks New Odor Ordinance, reports on the City of Carthage's efforts to take (over) the control of odors in the City. "The action Tuesday afternoon is yet another step in the city’s four-year, unsuccessful effort to rid its residents of what they describe as a sickening stink that has plagued the town since Renewable Environmental Solutions opened up shop. The ordinance would be used by city officials to enforce clean-air standards and deal with odor violations that come from businesses and industries in the city limits."

RES Faces New Challenge

Today's The Joplin Globe, had the headline, RES Faces New Challenge, explaining that since Changing World Technologies (RES's parent company) announced their intention to pursue a $100 million IPO (Initial Public Offering), "investments have dried up and public offerings have ground to a standstill". Of course the current economic environment is only half of their problem. The Joplin Globe article also quotes City of Carthage Mayor, Jim Woestmann, "There is no way anybody in this city is going to recommend them to another community. I don’t think anybody would be investing in that business. I’m an investor and I would not consider investing in a business where the local people are not happy with it."

Stinky statistics:
1. RES has the capacity to convert up to 78,000 tons of animal and food processing waste per year into between 4 million and 9 million gallons of renewable diesel fuel.
2. Through September 2008, the company generated about 1.1 million gallons and sold about 684,000 gallons.
3. The average price for the fuel was $1.19 per gallon, which would produce nearly $814,000 in revenue.
4. The Carthage plant was commissioned in 2005, but it wasn’t until 2007 that it began commercial sales of its fuel and it wasn’t until this year that it began to sell fertilizer.
5. The company reported a net loss of $21.8 million in 2006, followed by a net loss of $19.9 million for 2007 and a net loss of $18.8 million through Sept. 30, 2008.
6. The company had an accumulated deficit of $117.8 million as of Sept. 30, 2008.
7. Schreiber Foods is the company’s largest customer, accounting for between 73 and 78 percent of the sales last year and in the first nine months of this year.
8. Schreiber uses the animal-based oil in industrial boilers at its plants in Monett and Mount Vernon. It recently extended its contracts with RES through May 2010.
9. Meanwhile, Dyno Nobel just signed on to a two-year deal to buy about 2 millions of the renewable fuel annually.

The Joplin Globe article references a ‘Quiet Period’. "The federal securities laws do not define the term “quiet period,” which is also referred to as the “waiting period.” However, historically, a quiet period extended from the time a company files a registration statement with the SEC until SEC staff declared the registration statement “effective.” During that period, the federal securities laws limit what information a company and related parties can release to the public. [U.S. Securities and Exchange Commission]"
Changing World Technologies may not be talking, but the citizens of the City of Carthage are talking. Just ask them.

Carthage Odor Survey

Here is a copy the Carthage Odor Survey, recently distributed in CW&EP utility bills. The instructions invite you complete and return it to either Carthage Water & Electric Co.(CW&EP), the City of Carthage Public Library, or Leanne Tippett Mosby c/o Missouri Department of Natural Resources (MDNR). The addresses, e-mails and fax numbers are below. [click on survey images for close-up image]




Carthage Water & Electric Co.
149 E. 3rd Street
Carthage, MO. 64836

Carthage Public Library
612 S. Garrison Ave.
Carthage, MO. 64836

Leanne Tippett Mosby
Division of Environmental Quality
Missouri Department of Natural Resources
PO Box 176
Jefferson City, MO. 65102
-or-
scan and e-mail to
leanne.tippett.mosby@dnr.mo.gov
-or-
fax to 573-751-9277

Stink Survey?

The Joplin Globe, (Wednesday, October 28, 2008) reports on a stink survey being circulated in Carthage, for residents to complete, "Carthage Mayor Hopes Residents Pile on Odor-Survey Responses". “It’s really important that everyone fill them out and return them. The more specific information DNR gets on how people are affected, the better it will be,” Carthage Mayor, Jim Woestman.

Leanne Tippett-Mosby, Div. Environmental Quality, Missouri Department of Natural Resources (DNR), is also encouraging residents to complete the survey. DNR is asking residents to complete the survey in another effort to pinpoint the source and severity of the city’s four-year-old odor problem. The surveys ask residents if they have experienced odors from that area, how long the problem has occurred, the duration of the problem, wind conditions and other information.

Carthage Bottoms Area Odor Study: A Missouri Test Case for Odorant, Prioritization as a Prelude to Instrument Based Downwind Odor Monitoring Protocol Development

E-mail Alert System

The Carthage Press, Friday, Sept 12, 2008, reported that the City of Carthage and the Missouri Department of Natural Resources (MDNR) had set up an E-mail alert system. City Administrator Tom Short explained that anytime an odor complaint is received by MDNR, regarding a Carthage odor complaint, an E-mail alert is sent out to officials at the City of Carthage, as well as company representatives at Renewable Environmental Solutions, Inc (RES), Schrieber Foods, ButterBall, and ADM Mills. City Administrator Short said that he had received five E-mail alerts in the 'little more than a week' that the plan had been operational.

This is all "fine and good" but what has been the result of the 5 odor complaints received? I don't need an E-mail alert to tell me when RES stinks.

To report an odor violation, call:
Missouri Department of Natural Resources (MDNR)
MDNR Southwest Regional Office 417-891-4300
MDNR Carthage Satellite Office 417-359-1524 or 417-359-1525
MDNR 24-Hour weekend number 573-634-2436

Schreiber Foods?

Today's The Carthage Press, Monday, August 25, 2008 article quotes excerpts from Changing World Technologies, Inc, S-Form S-1 that Schreiber Foods, Inc. has been buying product from Renewable Environmental Solutions, LLC (RES). Schrieber Foods represented 78% of RES' 2007 revenue. Schreiber Foods represented 100% of RES's 2008 1st quarter revenue. Schreiber Foods has extended its contract with RES through 2010 to provide fuel for its Monett and Mount Vernon, MO. plants, estimated to be 1.4 million gallons, annually.

It is ironic that on Schreiber Foods Inc's own website, it states the following commitment, "Schreiber Foods requires our supplier partners to subscribe to ethical and legal business practices and maintain a sound financial position". I'm not sure what Schreiber Foods means by ethical and legal business practices of its supplier partners, when RES has been cited, fined and actually shut down by Matt Blunt, the Governor of the State of Missouri, for polluting and violating Missouri's' environmental laws.

It appears that we have Schrieber Foods Inc. to thank for encouraging RES to continue polluting our City.

Contact information:
Schreiber Foods Inc.
P.O. Box 19010
Green Bay, WI 54307-9010
920-437-7601 (phone)
800-344-0333 (toll-free)
920-437-1617 (fax)

This is what STINK looks like

This was published in today's The Carthage Press, Monday, August 25, 2008. It is an aerial photograph of Renewable Environmental Solutions, LLC (RES), 530 N. Main Street, Carthage, MO. 64836. This is what STINK looks like in Carthage, MO.

"Odor in the City is Not Acceptable"

The City of Carthage (MO) Mayor Jim Woestman, is quoted in today's The Joplin Globe, "Odor in the city is not acceptable. If you can't sit on your front porch and enjoy the outdoors, it's not acceptable. It may not be a violation, but it is not acceptable." The Joplin Globe article states that 143 odor complaints have been filed with the Missouri Department of Natural resources (MDNR)since March 1, 2008 by Carthage residents. A meeting is set for 1:00 pm, today at Carthage's Memorial Hall, between MDNR, the City of Carthage, and industries operating in the Carthage industrial bottoms.

Leanne Tippit-Mosby, Deputy Director of MDNR's Division of Environmental Quality stated that the purpose of today's meeting is "seeing what we can do to try to move forward on fixing any remaining odor problems". The problem is 3 1/2 years old, the year RES went on line. Hummm, I wonder who stinks? How many odor complaints does it take to substantiate that RES isn't fixed and continues to pollute and contaminate our city with "obnoxious, putrid, dead, rotting carcass-intensified, oily burnt flesh odor."

Who are they kidding?

Changing World Technologies Inc, parent company to Renewable Environmental Solutions LLC (RES), filed a Form S-1 with the US Securities and Exchange Commission (SEC), August 12, 2008, claiming to be a Mixed, Manufactured, or Liquefied Petroleum Gas Production company, Division E: Transportation, Communications, Electric, Gas, And Sanitary Services, Major Group 49: Electric, Gas, And Sanitary Services, Industry Group 492: Gas Production And Distribution, 4925 Mixed, Manufactured, or Liquefied Petroleum Gas Production and/or Establishments engaged in the manufacture and/or distribution of gas for sale, including mixtures of manufactured with natural gas. The Form S-1 states that they operate under the Primary Standard Industrial Classification Code No. 4925.

I don't know what they call it in Washington DC, but here in Carthage it is called a "putrid, dead, rotting carcass-intensified, oily burnt flesh odor". Something tells me that Changing World Technologies Inc isn't really making what they are telling the SEC that they're making.

Changing World Technologies wants to go public...it is about time!

The Carthage Press, Monday, August 25, 2008 reports that Changing World Technologies Inc, the parent company of Renewable Environmental Solutions LLC (RES) has filed paperwork with the US Securities and Exchange Commission (SEC) that it plans to "go public" in hopes of raising $100 million in new equity capital. Here is a copy of their Form S-1, filed 8/12/2008 with the SEC, Registration No. 333.

I say that it is about time that Changing World Tecghnologies, Inc (RES) goes public, beginning with an apology to the residents and City of Carthage, MO. and then an immediate closure of the Carthage plant, and relocation elsewhere.

Depositions begin in Class Action Lawsuit

The Carthage Press, Wednesday, June 25, 2008, quoted Carthage City Attorney, Nate Dally as reporting that "more than ten attorneys representing both sides were in Carthage this week to take depositions" in the Cynthia V. Sundy vs Renewable Environmental Solutions, LLC, class action lawsuit. Council member, Diane Sharits was quoted as saying "I continue to be disappointed in RES. Last Friday, June 20, 2008, it was horrendous throughout the city and I was out 9:30 or 10 o'clock that evening with my dog and it still was horrible." Carthage Mayor Jim Woestman added "I agree with that. I was trying to read my newspaper on Macon Street at 5:00 pm and I had to go back inside."

Friday, June 20, 2008

IT STINKS. I noticed "the smell", beginning about 6:30 pm this evening, sitting outside. It kept getting stronger and stronger, and I went inside at 7:30 pm. I called the Carthage Office (417-358-1524) of Missouri Department of Natural Resources (MDNR) and left a message. The voice message invited me to call the Springfield Regional Office (417-891-4300) of MDNR. I was not able to leave a message there. Their voice message invited me to contact MDNR's 24-hour hotline (573-634-2436). I called and spoke with a MDNR staff. After identifying myself as calling from Carthage, the staff member said the following four things: (1) that he "had received other complaints this evening from Carthage"; (2) that "air pollution regulations are not adequate to deal with this"; (3) that he had been "instructed not to call and have anyone go out" and respond when a call come in from Carthage complaining about Renewable Environmental Solutions, LLC.(RES); and (4) for me to "call and leave a message at the local Carthage office".
I could not believe what I was hearing. I repeated what I thought the MDNR staff person had said, and he confirmed that I had written it down correctly. Obviously, we have more than one problem tonight in Carthage.

Modern Marvel?

The Carthage Press reported that RES Makes National Headlines. Julie Gelfand, spokesperson for Changing World Technologies, Inc, owner of Renewable Environmental Solutions, LLC announced that the cable television History Channel is featuring RES in an upcoming segment of Modern Marvel. That's great!
Carthage Mayor, Jim Woestman said that "I think that's great that they're bringing other people in. I hope they come on a day when they've got a major stink going on. I welcome all outside people to come in here because they cannot hide that stink. He calls that a woops, he can't hide that every day. He's got to have one of those on a days when someone is here."

"Staff did not perceive any odors"...

I received another letter from Missouri Department of Natural Resources (MDNR)following the completion of their on line STINK report form, http://www.dnr.mo.gov/concern.htm . Their response letter was dated 4 weeks after I submitted the report. I'm sure that you've seen one yourself, it goes like this, "Your concern regarding odors in the Carthage area has been received and investigated by staff of the Department of Natural Resources Regional Office. Staff did not perceive any odors in the area that were a violation during the investigation". It goes on to say, "Your cooperation, assistance and patience with our staff will be most greatly appreciated. We will continue to work within the confines of the law to provide the greatest service that we can achieve with our available staff".

I understand that a month later, the MDNR might not "perceive' any odors in the area. The comments regarding 'cooperation, assistance and patience' are a little confusing, since I took the initiative to fill out their form, and then waited a month before hearing anything. Would I expect anything else?

Easter Weekend...It Smells!

Saturday, March 22, 2008 -STINKS. I hope everyone called the Missouri Department of Natural Resources (MDNR) STINK telephone number, or completed the online Stink Form.

Missouri Department of Natural Resources (MDNR)
MDNR Southwest Regional Office 417-891-4300
MDNR Carthage Satellite Office 417-359-1524 or 417-359-1525
MDNR 24-Hour weekend number 573-634-2436

Here is the MDNR link, Environmental Report Form.

'Keep the Pressure on RES...You Don't Get Used to that Smell'

Friday, March 7, 2008, Doyle Childers, Director of Missouri Deparment of Natural Resources (MDNR) provided Carthage officials and interested citizens an update on what MDNR is doing to solve the 'stink' problem in Carthage. Speaking at the Carthage Chamber of Commerce, Mr. Childers said, “Once we identify the pollutants, we want to work with the source and mitigate the problem. We think the method being used now will give us better detail on what’s going on and allow us to identify the priority pollutants causing the odors.”

He was referring to Microalaytic's report, dated November 25, 2007, that was completed by Don Wright of Round Rock, TX. Leanne Tippett Mosby, director of MDNR’s division of environmental quality, said the study has reached a point that researchers need to work with local companies to gather odor components for comparison. It was disclosed that MDNR has received 67 odor complaints during the (90-day) period November 2007 through January 2008.

Regarding the meeting, Mayor Jim Woestmann said, "As the mayor of Carthage, it was very, very positive that they were here and it got good coverage from the media. That's what we have to do right now is speak up and keep the pressure on RES. That's the only weapon we have right now is keeping the pressure on. A lot of times businesses think well, they'll get tired of complaining. Well, I'm sorry, you don't get used to that smell."

The Joplin Globe, Saturday, March 8, 2008
The Carthage Press, Sunday, March 9, 2008

"Biggest Problem Carthage has is RES", Mayor Woestman

Carthage Mayor Jim Woestman , representing the City of Carthage addressed the Missouri Air Conservation Comission, at their meeting on December 6, 2007. He thanked the State of Missouri for trying to help the City of Carthage eliminate their odor problem. He explained that "The biggest problem that Carthage has is that Renewable Environmental Solutions LLC (RES) claims that they don't have a problem, which means that they are not doing anything to solve the problem. The Citizens of Carthage do not believe that this problem will go away without stronger regulations."

Carthage Bottoms Area Phase 1 Odorant Priortization Study

Here is the Carthage Bottoms Area Phase 1 Odorant Priortization Study, dated November 25, 2007, that was completed by Don Wright of Moicroanalytics , Round Rock, TX (sampling taking place between Sunday, October 28, 2007 and Thursday, November 1, 2007) and submitted to Missouri Department of Natural Resources (MDNR).

I am interested in the names associated the the various odors that were detected: characteristic, burnt, sulfurous, papermill, barnyard, urinous, earthy, mushroom, musty, vegetable, vomitous, body odor, fecal, animal, roadkill, smoky, medicinal, canned beet, vinegar, cardboard, nutty, grassy, herbaceous, moldy, buttery, potato, floral, poultry house, landfill, dumpster and woody.

Cynthia K. Sundy vs Renewable Environmental Solutions, LLC

A motions hearing is scheduled in the class action lawsuit, Cynthia V. Sundy vs Renewable Environmental Solutions, LLC, for today, Division II, 29th Judicial Circuit (Jasper County). The Case No. 07AP-CC00089, can be followed at Missouri CaseNet. You need to click on the 29th Judicial Circuit and type in Renewable Environmental Solution. You can then read the actual docket entries, charges-judgements-services, schedules-hearings-trial, civil judgement, and garnishments-executions.

02/14/2008 Docket Entry: Hearing Held
Text: Plaintiff appears by Rhon Jones and Mary Pat O'Connor. Defendants appear by Stan Sexton and Matt Larson. Court takes up Defendant's Motion to Dismiss Count III of Plaintiff's Petition. Motion is sustained as to Count III. Other discovery issues taken up with rulings read into the record. Court takes issue of bifurcation of discovery under advisement. David C. Dally, Circuit Judge.

Select Insurance Co. has "had enough"

The Joplin Globe, reported Saturday, February 9, 2008, that Select Insurance Company has filed a federal suit Case No. 08-5013-CV-SW-JCE asking to be released from paying for the company's legal defense in a class action lawsuit. In their complaint, attorneys for the insurance company cite 37 reasons to declare no coverage for RES and Sanders, including that the policies exclude coverage for “bodily injury or property damage” which would not have occurred except for the “actual, alleged release or escape of pollutants.” The suit continues that coverage is barred if the insured company or authorized employee failed to disclose that prior to the policy period, that bodily injury or property damage had occurred, in whole or in part.

"I'm Calling it a Stink - Not an Odor - Because That's What it Is"

Carthage Mayor Jim Woestman was quoted in The Joplin Globe, Thursday, July 26, 2007 as saying "I'm calling it a stink - not an odor - because that's what it is." "Renewable Environmental Solutions has become our problem." Mayor Woestman was in Jefferson City, making a presentation before the Missouri Air Conservation Commission, regarding Renewable Environemntal Solutions LLC (RES). He is making a case for a revising the state's odor dilution standard to 2-to-1 when it is used to measure odors in populated areas. Presently, the dilution standard is 7-to-1. The paper indicates that both The Sierra Club and Jay Nixon, Missouri's Attorney gGneral, both favor this stricter dilution standard.

In Friday, July 27, 2007 The Joplin Globe, reported that Leanne Triplett-Mosby, Missouri Department of Natural Resources (MDNR)-Divison of Environmental Quality, said that MDNR has decided to pay for an independent odor study in Carthage. She said that proposals from potential contractors are to be submitted by Aug. 10. “We want to do this as a pilot project, and control it, because we want to test the technology for our potential use.” Previously, Brian Appel-Prsident of RES had offered to pay for the study. When describing the stink from RES, Mayor Jim Woestman is quoted as saying, "a stink bad enough to make you lose your appetite."

The Carthage Press, Friday, July 27, 2007, reported that three of the seven Commissioners on Missouri's Air Conservation Commission have had exposure to RES's plant. In fact, Mayor Jim Woestman is quoted as saying that several of the Commissioners had "commented on how their clothes stunk" after touring the plant. Woestman is lobbying for a 2-to-1 dilution ratio , or a strict policy in odor violations.

Lawsuit: Sundy vs. RES, Case No. 07-5069-CV-SW-WAK

The Carthage Press, Sunday, July 22, 2007 reports on Cynthia K. Sundy's lawsuit against Renewable Environmental Solutions LLC (RES). The case was originally filed in the Circuit Court of Jasper County, MO at Carthage, then moved to the United States District Court for the Western District of Missouri-Southwestern Division. The Carthage Press article also includes links to the multiple petitions and filings (see below). The lawsuit asks for Class Action Status, and references the class as those Carthage residents living in an area described as Java Street and Northwoods Street on the north, the Carthage City limits on the east, US Highway 71 on the west and Macon Street on the south.

Circuit Court Docket Sheet, including Summons in Civil case, and Class Action Complaint, filed June 5, 2007
Declaration of Brian S. Appel
Notice of Removal of Civil Action

Meeting Notice, Tuesday, May 24, 2007 @ 9:00am - Memorial Hall

The Carthage Press, May 5, 2007, reports that The Missouri Department of Natural Resources (MDNR) has scheduled a meeting in Carthage on May 24, 2007, presumably to discuss the stink coming from Renewable Environmental Solutions LLC (RES). Those scheduled to be at the meeting include: MDNR Director-Doyle Childers; MDNR Director of Environmental Quality-Leann Tippett Mosby; and Don Wright, President of one of the firms being considered to "sniff out odors" in the industrial bottoms area, Microanalytics™. The article states that there will be seven MDNR officials attending the meeting.

Tuesday, May 24, 2007 @ 9:00 AM.
Memorial Hall
407 South Garrison
Carthage, MO. 64836
417-237-7050

"Everyone knows who it is. When you smell it, it's RES", says Carthage City Mayor, Jim Woestman.

Microanalytics - A MOCON Company
2011A Lamar Drive
Round Rock, TX 78664
Phone: 512-218-9873
FAX: 512-218-9875
Microanalytics™ "a unique kind of sensory company"
Don Wright, President

The Problem

Carthage City Mayor, Jim Woestman said it best, "As long as he (Brian Appel, CEO Changing World Technologies dba Renewable Environmental Solutions LLC) doesn't think he's creating the smell, he's not working on it. It wasn't there before he moved in."
The Carthage Press, Tuesday, April 3, 2007

RES to Fund Independent Tests

The Joplin Globe, Wednesday, March 28, 2007 reports that the Missouri Department of Natural Resources (MDNR) will allow Renewable Environmental Solutions LLC (RES) to pay for an independent study of odors problems in Carthage. According to MDNR, there have been 121 odor complaints in Carthage since January 1, 2007, with 114 of those specifically about RES. Under the agreement, MDNR officials will select an independent third-party company that conducts tests, and RES will pay the bill. MDNR said however, that first there must be an agreement signed to cover the arrangement. MDNR will be looking for a company that has been approved by the US Environmental Protection Agency EPA).

In a related article, The Joplin Globe interviewed business owners around the historic Carthage square, regarding the effect of RES's smell has on their business. The smell has been likened to burning flesh or a dead cat. One restaurant owner said that sales are off 34% on days his business is downwind from the RES smell.

I'm Willing to Put My Money Where My Mouth Is

Brian Appel, Chairman of Changing World Technologies dba Renewable Environmental Solutions, LLC (RES) was quoted in The Joplin Globe, Tuesday, March 20, 2007, as saying, I'm willing to put my money where my mouth is, and if it's our odor, we'll take full responsibility." Appel said that RES workers are patrolling for odors, and that the company is operating its own detection equipment that shows no odors from the company but tremendous odors from somewhere else.

Well Brian, the first thing that I'd suggest you do, is have your workers set their detection equipment up, down wind from your plant. The second thing that I would suggest you do, is to stop talking long enough to shut your mouth, and try breathing through your nose. You'll smell it!

If You Smell It, Report It

Carthage City Attorney, Nate Dally, was quoted as saying, "If you smell it, report it" referring to Renewable Environmental Solutions LLC (RES).

Missouri Department of Natural Resources (MDNR)
MDNR Southwest Regional Office 417-891-4300
MDNR Carthage Satellite Office 417-359-1524 or 417-359-1525
MDNR 24-Hour weekend number 573-634-2436

The more calls that are registered, the more effective MDNR is in responding. Giving your name is a plus. Being able to pinpoint the area of the source of the odor is critical. If MDNR has a point to start with, chances are better that the smell may be identified.

New Technology in Stink-o-Meters

Here are some of the newer technologies in odor testing.

CogniScent’s ScenTraK™ technology can identify and discriminate a broad range of unique odors with high levels of accuracy. ScenTraK™ detects for explosives, chemicals, biological matter including building molds, and industrial compounds found in manufacturing environments. ScenTraK™ technology can indicate a “hit” for target odors within 10 seconds of sampling while remaining on the job indefinitely. The system is portable, durable, accurate and cost effective, making it ideal for broad deployment to security agencies, first responder organizations, HAZMAT teams and environmental & industrial process engineers. Principal funding for the development of the ScenTraK™ core technology has been received from the Defense Advanced Research Agency (DARPA) and the Homeland Security Advanced Research Projects Agency (HSARPA) to provide a lightweight autonomous chemical identification system.


The Nasal Ranger® Field Olfactometer is the “state-of-the-art” in field olfactometry for confidently measuring and quantifying odor strength in the ambient air. The Nasal Ranger® Field Olfactometer, a portable odor detecting and measuring device, determines ambient odor “Dilution-to-Threshold” (D/T) values objectively. Field olfactometry can be used as a proactive monitoring or enforcement tool for confident odor measurement at property lines and in the neighboring community. The Nasal Ranger® Field Olfactometer, as a nasal organoleptic instrument, provides field olfactometry with a scientific method for dependable ambient odor quantification. A Nasal Ranger® Field Olfactometer creates a calibrated series of discrete dilutions by mixing the odorous ambient air with odor-free (carbon) filtered air. Field olfactometry defines each discrete dilution level as a “Dilution-to-Threshold,” D/T, ratio. The “Dilution-to-Threshold” ratio is a measure of the number of dilutions needed to make the odorous ambient air “non-detectable”.


Stink-o-Meter. Is this what MDNR is using? If so, maybe we could hold a bake sale or something to raise funds for MDNR so they could upgrade their 'equipment'.

Odor Complaints Since 1/1/2002

Here are the number of complaints logged into the Missouri Department of Natural Resources(MDNR) system, since 1/1/2002 (for Carthage, MO). I think that the numbers speak for themselves. Perhaps the fines for polluting industries should be based on the number of complaints. It just seems fair that the polluters pay for all of the time MDNR spends responding to complaints, doesn't it?

Renewable Environmental Solutions 2002-0, 2003-0, 2004-18, 2005-429, 2006-188, 2007-6
Carthage Bottoms 2002-0, 2003-0, 2004-0, 2005-48, 2006-14, 2007-0
Butterball Turkey 2002-3, 2003-2, 2004-6, 2005-1, 2006-1, 2007-0
Conagra Foods 2002-0, 2003-0, 2004-15, 2005-6, 2006-2, 2007-0

Who Stinks? I'd say that it's pretty obvious Mr. Appel!

MDNR Complaints since 1/1/2002

"We Don't Emit an Odor"

I can't tell whether Brian S. Appel, Chairman and CEO, Changing World Technologies, was describing a dream or a goal, but to characterize his company, Renewable Environmental Solutions LLC (RES) as not stinking, is a laugh. He forgot that he wasn't in West Hempstead, New York anymore, but instead in the SHOW ME state. The Joplin Globe, Tuesday, March 20, 2007, reported that even Carthage Mayor Jim Woestman couldn't believe what Appel said. "You do have an odor issue, and I don't know how anyone could say otherwise", Jim Woestman.
Now we know where RES's history of denial originates, Who Stinks, not me. The Chairman and CEO, Brian S. Appel, instead of taking responsibility, claims that odors are coming from other plants in the area where RES is located.

The Carthage Press, Tuesday, March 20, 2007 also reported on the conversation between journalists, City of Carthage and Jasper County officials. Jasper County Commissioner Jim Honey is quoted as saying, "There are times in this office you can't even stand it. It wasn't that way before."

If you would like to share your opinion as to who stinks, I would invite you to contact Mr. Brian S. Appel, Changing World Technologies, 406 W. Hempsted Avenue, West Hempstead, NY. 11555, 516-468-0100, or www.changingworldtech.com. [Click on the Google Earth map for a close up of their corporate offices]

"Waste Going In and Worse Coming Out"

"Waste going in and worse coming out" is how Carthage City Mayor, Jim Woestman described the odors that are associated with Renewable Environmental Solutions LLC (RES) operations. Mayor Woestman was in Jefferson City supporting House Bill 966, introduced by Rep. Steve Hunter R-Joplin, that the bill “would allow the DNR to crack down on repeat offenders that deprive my community and others of our clean air and water without the cumbersome and ineffective steps that DNR must perform now,” James R. Carter, of Neosho wrote. “My experience with DNR suggests that this will only be used in extreme cases, as it should be.” The Joplin Globe, Thursday, March 15, 2007.

Odor is Frustrating

The Carthage Press, Thursday, March 8, 2007, reports in an article titled, DNR: RES Odor is 'frustrating' quotes Camille Dobler, Environmental Specialist with Missouri Department of Natural Resources (MDNR) "I know last night was legitimate. It was frustrating for us. The odor was strong". The article goes on to say that the odor was prevalant earlier in the day at the courthouse and other city locations.

The Joplin Globe, Thursday March 8, 2007, reports that the Missouri Department of Natural Resources (MDNR) received 16 complaints about Carthage odors in the last two days, a spokesman for the regulatory agency said, but RES was not issued a notice of violation.

My Quesion, why didn't Camille and MDNR environmental specialist George Parson, go bang on the door of RES, and tell them to stop what they're doing, instead of just standing around trying to get a sample in their defective stink-o-meter? What's wrong with this picture, when even Missouri Department of Natural Resource personnel smell (with their own nose, and the complaints for others) that there is a problem, and then can't get their MDNR issued stink-o-meter to work? What's wrong with a citizen's arrest. I'm sure we could get ample witnesses in court to make a complaint stick (or stink). This is ridiculous.

On January 5, 2007, MDNR Director Childress told Carthage citizens that he hopes 'technological advancements made through the US Department of Homeland Security, may result in scent measuring tools better that the MDNR's current scent-o-meter.' OK, where is the new equipment?

Attorney General Jay Nixon sends investingators

The Joplin Globe, Officials Visit Carthage Again, Tuesday, February 27, 2007 reported that Jay Nixon, Missouri Attorney General, sent two investigators to Carthage last Friday to interview residents about the offensive odors from Renewable Environmental Solutions, LLC (RES). The article states that RES recently paid a $25,000 fine for an odor violation, and another odor citation is under review by the Missouri Departmental of Natural Resources (MDNR). John Fougere, a spokesman for Attorney General Jay Nixon, on Monday said, “We had investigators down in Carthage last week, but we can’t elaborate beyond that.”

Thank you Jay Nixon for not forgetting about Carthage. The problem still exists. What can we do to help you, help us, resolve this problem, once and for all? It's embarrassing.

Assulted by an Odor so Overpowering, I had to Hold my Breath

Carol Stark, Editor of The Joplin Globe, titled her editorial, Area Needs a Breath of Fresh Air, Sunday, February 18, 2007. She described RES's stench this way, "...I was assulted by an odor so overpowering, I had to hold my breath all the way to the car....I can't say it any other any, my town stinks." She went on to report that the Missouri Department of Natural Resources had received 17 complainst about Renewable Environmental Solutions LLC (RES) and the smell that night, but apparently the stench was not enought to result in a violation.
I don't know about you, but I'm embarrased for Mrs. Stark. I'm embarrased for the City of Carthage. There are so many great things going on in Carthage, we DO NOT NEED RES.

It's Stinking Again

The Joplin Globe reported Saturday, February 10, 2007, that the Missouri Deapartment of Natural Resources (MDNR) had received numerous reports of odors coming from RES on Wednesday, Thursday and Friday (February 7-9, 2007). It's still stinking. The Morning Mail, Thursday February 15, reported "Stench Detected Tuesday Evening on Square" in their daily Stench Documentation report. Rene Bungart, MDNR spokeswoman said that they had already received 14 complaints so far this month, but haven't been able to cite RES for violations.

Would You Invest in This?

Apparently, Goldman Sachs thinks that Changing World Technologies, Inc. is worth investing in. SensitiveNose wonders if Goldman Sachs has done their due diligence, like visiting the Renewable Environmental Solutions LLC plant, and comparing the processes and product, as described by Changing World Technologies management and the HLD/Blankman Public Relations firm, with what is actually taking place. Why is the plant only operating at 2.5% of capacity? If Goldman Sachs comes to do an onsite inspection, their nose will know why. Perhaps a scent-o-meter would be a better investment.

We're Waiting?

In the December 30, 2006, The Joplin Globe article, State Awaits RES' Reply, Missouri Department of Natural Resource employees are quoted as saying that they will "wait until next week for a response" from RES. I'm confused, does a company have 15 days or 'whatever they want' to respond to MDNR following a on odor citation?
Following the November 14 odor violation, and subsequent $25,000 fine, MDNR spokeswoman, Renee Bungart, is quoted as saying "RES needs to be more proactive and aggressive in discovering and eliminating potential problems before excessive emissions result". OK, less than thirty days later(December 12, 2006), guess what, another citation. According to my calendar, December 29 was the 15th day. We're Waiting?

"We Are Still Having Problems With RES"

Missouri Department of Natural Resources(MDNR) Director, Doyle Childers was in town (Friday, Jaurary 5, 2007) for what he called his 75th public forum. The headlines from the two local papers said it all, The Joplin Globe, Crowd Raises Stink, Saturday, January 6, 2007, and The Carthage Press, Sunday, January 7, 2007, Residents Raise Stink About RES.

Carthage City Mayor, Jim Woestman is quoted as saying, "We are still having problems with RES. We want it all to be taken care of." The response from MDNR Childers wasn't what we wanted to hear, "I understand that it is better, but it is still not perfect. I don't know if it will ever be perfect. I don't know how you're going to deal with that kind of material and not have a smell." Curiously, Director Choldress added that he hopes 'technological advancements made through the US Department of Homeland Security, may result in scent measuring tools better that the MDNR's current scent-o-meter.'

Timing is everything. There were several reports of excessive ommissions coming from Renewable Environmental Solutions LLC (RES) on Thursday, Jaurauy 4, 2007. According to MDNR spokeswoman, Renee Bungart, "there were odors, but not enough to detect using the scent-o-meter". Mayor Woestman reminded Director Childers, "But don't forget, this is the Show-Me state".

More Complaints

The Joplin Globe, Sunday, December 3, 2006, reports on more odor complaints last week. According to Missouri Department of Natural Resources (MDNR) spokesman, Richard Beydler, due to the weather, the MDNR staff was prevented from getting out to verify the stink with their Stink-o-Meter. The article references "a number of complaints" and also "several complaints" in describing the intensity, duration, and likely source of the odor, Renewable Environmental Solutions LLC (RES).

Fifteen days has lapsed since the last documented violation. Where's the $25,000 Fine?

Stink = $25,000

The Joplin Globe reported Thursday, November 16, 2006, that staff with the Missouri Department of Natural Resources (MDNR) documented excessive odors in their 'scent-o-meter' Tuesday (11/14/06). Based on a settlement last summer (with the City of Carthage and Missouri Attorney General Jay Nixon), Renewable Environmental Services LLC (RES) agreed to pay $25,000 per violation in the future. I guess that means Stink = $25,000.

"They're Supposed to Let me Know When They Have a Problem"

The Carthage Press, Monday, November 6, 2006, reported that valve problems at Renewable Environmental Solutions LLC (RES) led to multiple complaints last week. The article quoted Mark Radar, Chief of the Water, Air and Land section of the Missouri Department of Natural Resources (MDNR), affirming that MDNR "staff have noted more intense odors of late, but have not obtained the detections through the scentometer as required by regulation to classify the odors as excessive."

Carthage Mayor Jim Woestman expressed concern with RES that it took several days for managament to respond to his inquiries. "They're supposed to let me know when they have a problem." Mark Radar said that he was told by RES that "there have been a few malfunctions and failures of equipment that were located and corrected."

Since the presence of odors were documented over several days, I suspect that we're back to the guessing game, Who Stinks, Not Me game. Why didn't RES shut down if a valve was broken? Why would we expect RES to call Mayor Woestman and tell him there was a problem when they don't even admit it is theirs.

City Drops Lawsuit?

The City Council voted to drop the public nuisance lawsuit against Renewable Environmental Solutions LLC (RES), without prejudice. The Carthage Press, Friday August 25, 2006, described the action as Renewable Environmental Solutions is not a public nuisance anymore - at least on paper.

Carthage City Mayor Jim Woestman said, "“We definitely want anybody who smells anything to definitely call. We want to keep that monitoring going. We're not going to forget about it. We're not going to drop the lawsuit and walk away.” "Dismissal without prejudice means that the suit can be filed again if that proved necessary" said Carthage City Attorney, David Mouton.

A press release from Missouri Attorney General Jay Nixon and Carthage City Mayor Jim Woestman, issued Thursday, August 24, 2006, said that "RES had made significant progress toward reducing odors and returning a higher quality of life to the residents of Carthage." The statement also noted that many of the changes at the plant came as a result of a preliminary consent judgement the City and State reached with RES in May 2005. Those projects, including a thermal oxidizer and a high-efficiency scrubber, cost the company more than $3 million."The Joplin Globe, Friday, August 25, 2006.

DNR Tells Us We're Not Smelling It!

"The DNR tells us we're not smelling it when we are smelling it" said Carthage City Councilman Ronnie Wells. Councilman Wells was expressing his frustration with the Missouri Department of Natural Resources (MDNR). He said that the MDNR is not there on weekends and when they do get there the smell is gone because of the time difference from the call.

Bill Bryan, Missouri Attorney General's Office attended the Carthage City Council Meeting (Tuesday, August 22, 2006), to discuss the pending "Public Nuisance" lawsuit against Renewable Environmental Solutions, LLC (RES). He asked whether to "go to trial or do we have a satisfactory situation." Mr Bryan said that "If the problems (re)occur, we'll be back. We will jump on RES with both feet as hard and fast as we can."

Bryan said that the efforts of the suit had proven to be effective in that RES has taken better odor control measures, but added that there had still been reports of some odor emissions. Bryan said, "We can't smell your problem in Jefferson City," indicating that the City and residents must be responsible enough to make complaints, as timely as possible. Carthage Press, Wednesday, August 23, 2006.

The Joplin Globe, Thursday, August 24, 2006, reported that there have been sixteen complaints about odors in Carthage reported to MDNR since July 1st. The most recent complaints were reported Monday, August 21, 2006, from residents who said that they smelled the odors over the weekend.

Local resident, Tricia Orr said "I'm terrified that if the city drops the lawsuit, the company (RES) will go back to operating like they were and creating such an odor. " She explained that her primary concern "is that the city lawsuit is the only leverage we have left to keep them operating without significant odor. I don't think that they're afraid of MDNR, so this is the last thing they've got hanging over their heads."

Today's Headlines

BIG Penalty For Big Stinker, The Kansas City Star, Wednesday, June 28, 2006

RES Agrees to Pay Penalties, The Joplin Globe, Wednesday, June 28, 2006

Nixon Obtains Judgment for RES to Pay Record Penalties for Past Odor Violations; Public Nuisance Lawsuit Continues Missouri Attorney General Jay Nixon News Release, Tuesday, June 27, 2006

Star: RES Not Admitting It Did Anything Wrong ,The Turner Report, Wednesday June 28, 2006

Carthage Plant Pays $100,000 Over Odor Lawsuit, News Tribune, Jefferson City, Wednesday June 28, 2006

Carthage Plant Fined for Odor Violations , KOLR10 Television, Springfield, MO. Wednesday June 28, 2006

RES to Pay $100,000 Fine , The Carthage Press, Wednesday, June 28, 2006

Q: What Does it Cost to Stink? A: $100,000 in Fines

The Joplin Globe, Wednesday, June 28, 2006, reports that Renewable Environmental Solutions LLC (RES) has agreed to pay $100,000 in civil penalties for violating state odor laws. RES also agreed to pay $25,000 for each future odor violation over the next two years as part of the judgement approved by Jasper County Circuit Judge David Dally. The consent judgement resolves a lawsuit filed by Jay Nixon, Missouri's Attorney General, in January 2006, to seek penalties for past violations.

The Missouri Attorney General's Office called the $100,000 fine the largest amount ever obtained in Missouri for an odor violation. The $25,000 fine for future violations, is 2 1/2 times the maximum penalty allowed under Missouri air-conservation law.

Still pending is the Public-Nuisance lawsuit filed against RES by David Mouton, City of Carthage Attorney and the Missouri Attorney General's Office.

The Smell is Back!

Carthage City Attorney, David Mounton reported that he detected odors Tuesday afternoon (June 13, 2006). He was quoted in The Carthage Press as saying "It smelled like RES to me. It was more intense in the afternoon." He suggested that people call the Missouri Department of Natural Resources when necessary, when there is an odor.
The 24-Hour Environmental Emergency Response (EER) Hotline 573-634-2436

RES, A Familiar Smell

The Carthage Press, Thursday, February 2, 2006, reported that Renewable Environmental Solutions LLC (RES) resumed operations on Wednesday, February 1. Should it be any surprise that Carthage residents started to notice an odor in town. According to Paul Vitzthum of the Missouri Department of Natural Resources (MDNR), Springfield Regional Office, the MDNR received 10 complaints Wednesday evening and Thursday morning, regarding odors. Carthage Fire Chief John Cooper affirmed that the smell was a more familiar smell, like RES.
This Carthage area resident called MDNR to report odors on Thursday morning, between 7:15 and 7:30 am. Stink-o-Meter = moderate. I did not appreciate the MDNR employee wanting to argue with me regarding when and where I smelled the stinky, deadlike smell of RES.

I Can't Believe It!

According to The Joplin Globe, Thursday, February 2, 2006, the Missouri Department of Natural Resources (MDNR) has given Renewable Environmental Solutions, LLC (RES) permission to resume operations on a "conditional basis" through February 15, 2006. MDNR Director, Doyle Childers was quoted as saying, "Allowing RES to operate under these conditions will enable the company to further evaluate its new air-pollution-control systems and determine if all odors can be totally eliminated." http://www.dnr.mo.gov/newsrel/nr06_040.htm

Until RES has paid their $60,000+ in fines and penalties for previous air polution violations, I can't believe that they are allowed to start operations, again. Oh, and just in case Director Childers wasn't in Carthage Thursday morning, it smelled!

What happened to the 60-day revocation of RES' Air Discharge Permit?
What happened to the Cease and Desist Order?
What happened to the lawsuit, State of Missouri vs. RES, seeking Preliminary and Permanant Injunction and Civil penalties?
Hello?

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

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".