By Wally Kennedy

wkennedy@joplinglobe.com

EAGLE ROCK, Mo. — Beverly Sweeney was bothered by what she saw happening after the Missouri Administrative Hearing Commission had stayed the construction permit for a concentrated-animal-feeding operation (CAFO) that would house 65,600 chickens at the Rodney and Michelle Ozbun farm, near Roaring River State Park.

“I go by that factory (CAFO) every day,” she said. “I don’t call them chicken houses. I call it a factory farm. And I started seeing equipment there every day for more than a week. So, I took pictures every day.

“It appeared to me it was the kind of construction that should be in the stay. Of course, the DNR says it’s not.’’

Sweeney, who lives near Roaring River and less than a mile from the Ozbun farm, sent a letter to the Administrative Hearing Commission on Monday, asserting that the commission’s stay order was being violated.

In response, the commission viewed the letter as a motion in the appeal of the construction permit for the CAFO, which was issued by the Missouri Department of Natural Resources (DNR). The commission issued an order requesting information by Aug. 29 from the 40 or so parties to the appeal, including the DNR.

The order states: “Responses shall address whether the Administrative Hearing Commission or the Clean Water Commission has authority to enforce the stay order. We specifically direct that DNR file a response by that date. In addition, DNR shall advise us what action DNR has taken concerning construction permit No. 3650 since the issuance of our stay order on July 25.’’

The order was issued on the same day that the DNR issued an operating permit for the Ozbun CAFO.

Ranada Vinyard, an attorney with the commission, said Sweeney “is a party in the case. When she asserted that the stay had been violated and though she was not represented by an attorney, it is the same as a motion to enforce as if it had been filed by an attorney.’’

The order, she said, addresses specific issues that need to become part of the record.

“The DNR must file a response as to the action it has taken with regard to the stay to get it into the case file,’’ she said. “We would not know that unless we filed this order.’’

The commission, a division of the executive branch of state government, is a neutral administrative tribunal that functions as a court-like entity to resolve conflicts that are usually between two parties. In this case, there are 40 parties and “any of the parties could respond,’’ she said. “One can do research, and suggest that the courts are responsible for enforcement of the stay or the Clean Water Commission, or some other entity.’’

Vinyard said it is likely the commission will issue some kind of response after Aug. 29.

Rene Bungart, spokeswoman for the DNR, said the department’s response will state that the four confinement buildings that house the pullets were already constructed when the commission issued its stay order on July 25.

Bungart said other construction activity at the site, including storage buildings, did not require authorization from a construction permit.

“We did receive some complaints from people down there, and we went out on site to determine whether construction of the four confinement buildings had been completed,’’ she said. “That will be in our response to the AHC. As for the authority question, we are working on the response to that.’’

The stay was issued after the commission received testimony that Ozbun still needed to obtain permission from an adjoining landowner to operate the CAFO. The operating permit was issued by the DNR when the agency determined that Ozbun had obtained the landowner’s signature to comply with the ruling of the commission.

The waste-management system for the Ozbun CAFO has been designed and permitted as a no-discharge operation, which means that wastes are contained and stored until proper land application can take place. Land application of the wastes must be conducted using proper agronomic rates, proper application timing and proper setbacks from geologic features to minimize nutrient runoff and infiltration into groundwater.

But opponents of the CAFO, including the Friends of Roaring River, say it is too close to the state park and could have a negative impact on tourism in the region.





Petition procedures

Opponents of the issuance of the operating permit can file a petition within 30 days with the Administrative Hearing Commission.

Appeals may be sent to the Administration Hearing Commission, P.O. Box 1557, Jefferson City, MO, 65102, or by fax to (573) 751-5018.

Those who have already appealed the Ozbun construction permit do not need to file an additional petition with the Administrative Hearing Commission to appeal the operating permit.

An appeal hearing for the construction permit will be held on Jan. 7 in Jefferson City before the Administrative Hearing Commission. A week has been set aside for the hearing.