Missouri orders Denali to Cease Land Application, Lawsuit Filed, Legislation Proposed for Animal Processing Waste Disposal
December 13, 2023
Adriana Keeton, [email protected]
The State of Missouri ordered Denali Water Solutions, based in Russellville, Arkansas, to cease the land application of animal by-product waste and empty two storage lagoons in Fairview and Stella.
Several complaints have been raised by residents who live near land application sites and the lagoons over the last several months, citing the impact on their property values, health, and livelihood and the potential negative impact on area water sources.
The Missouri Department of Natural Resources (MoDNR) issued an enforcement discretion letter to Denali on November 29, after an October investigation of overapplication on property in Southwest City, stating Denali was “not operating pursuant to the operational controls” set in place in June 2023 by MoDNR, according to SLUDGE committee member and representative Valerie Steele.
SLUDGE (Stop Land Use Damaging our Ground and Environment), a committee formed in response to the adverse effects of the lagoons and land application, represented by attorney Stephen Jeffery of Jeffrey Law Group, has filed a lawsuit against MoDNR for “failing to enforce the law by allowing Denali Water Solutions to operate in the state of Missouri without any permits.”
According to Steele, Denali was instructed to stop storing and land applying under the fertilizer exception they were given in June in the November 29 letter. However, they can still pick up, haul, land apply or inject on farm ground as long as they are hired to do so by the company producing it. She stated that previously, Denali was being paid to assume ownership of the waste, and it was theirs to dispose of it how they wanted. Now, the producers keep ownership of the waste and are only hiring Denali to spread it for them, and they are giving it to the farmers for free.
“We DO NOT want to be the next superfund site or, even worse, toxic wastelands,” said Steele. “Missouri needs to take a long hard look at what other states have had to find out the hard way, and that is that this so-called fertilizer is poisoning the land and the citizens of our great state.”
“We need Missouri residents to open their eyes and ears and see this practice for what it is, TOXIC,” Steele opined. “We need to encourage our senators to stand up for what is right and protect our lands, homes, health, and livelihoods.”
Senator Jill Carter, R-Granby, is sponsoring legislation, SB908, when the General Assembly returns in January 2024, creating provisions relating to the disposal of animal processing waste.
“The wording in our bill amends a previous bill to clarify that we are not trying to regulate basins or lagoons. Just what is put in them or land applied directly from the truck,” Steele said. “It clarifies that agricultural materials (manure, fertilizer) are deemed animal processing residuals and are okay for land application if they meet nutrient criteria.
“It clarifies that residuals from commercial and industrial is solid waste and will need proper permits for solid waste,” Steele added. “It seems like simple little word adages, but they pack a powerful punch if we can get it passed.”
Sameul Liebl, Director of Communications with Denali Water Solutions released the following statement.
“Based on guidance issued by Missouri DNR, Denali is working to adjust our operations in Missouri to continue to serve the state’s food manufacturing facilities. While Denali awaits permits to resume responsible and environmentally friendly land application in Missouri, we will do all we can to support customers and Missouri farmers as they continue to provide food and employment for Missouri residents.
Denali has a long track record of responsibly handling the residuals that result from water treatment at food manufacturing facilities, recycling these residuals as valuable organic fertilizers, and protecting clean water in Missouri. Safety and environmental stewardship are our priorities. When incidents do happen, Denali mobilizes its vast team and resources to address situations quickly and responsibly.
Denali contracts with certified third-party labs to check for potential contaminants, and we share the test results with the State of Missouri and our farmer partners. We only land apply material when it is safe to do so and beneficial for the land and the farmers with whom we work. Denali works closely with government agencies to ensure our activities are safe and meet or exceed all regulatory requirements.
More than 100 Missouri farmers rely on fertilizers from Denali, and dozens of Missouri food manufacturers, employing more than 10,000 Missouri workers, depend on our services to continue their business operations. Without the ability for Denali to operate, Missouri food companies will face extremely challenging and costly decisions. We are committed to ensuring a positive outcome for Missouri farmers, businesses and communities.”
For more information on SLUDGE, visit their website at https://www.stopsludgespreading.com/. For more information on SB908, visit https://www.senate.mo.gov/ and search bill SB908.
Several complaints have been raised by residents who live near land application sites and the lagoons over the last several months, citing the impact on their property values, health, and livelihood and the potential negative impact on area water sources.
The Missouri Department of Natural Resources (MoDNR) issued an enforcement discretion letter to Denali on November 29, after an October investigation of overapplication on property in Southwest City, stating Denali was “not operating pursuant to the operational controls” set in place in June 2023 by MoDNR, according to SLUDGE committee member and representative Valerie Steele.
SLUDGE (Stop Land Use Damaging our Ground and Environment), a committee formed in response to the adverse effects of the lagoons and land application, represented by attorney Stephen Jeffery of Jeffrey Law Group, has filed a lawsuit against MoDNR for “failing to enforce the law by allowing Denali Water Solutions to operate in the state of Missouri without any permits.”
According to Steele, Denali was instructed to stop storing and land applying under the fertilizer exception they were given in June in the November 29 letter. However, they can still pick up, haul, land apply or inject on farm ground as long as they are hired to do so by the company producing it. She stated that previously, Denali was being paid to assume ownership of the waste, and it was theirs to dispose of it how they wanted. Now, the producers keep ownership of the waste and are only hiring Denali to spread it for them, and they are giving it to the farmers for free.
“We DO NOT want to be the next superfund site or, even worse, toxic wastelands,” said Steele. “Missouri needs to take a long hard look at what other states have had to find out the hard way, and that is that this so-called fertilizer is poisoning the land and the citizens of our great state.”
“We need Missouri residents to open their eyes and ears and see this practice for what it is, TOXIC,” Steele opined. “We need to encourage our senators to stand up for what is right and protect our lands, homes, health, and livelihoods.”
Senator Jill Carter, R-Granby, is sponsoring legislation, SB908, when the General Assembly returns in January 2024, creating provisions relating to the disposal of animal processing waste.
“The wording in our bill amends a previous bill to clarify that we are not trying to regulate basins or lagoons. Just what is put in them or land applied directly from the truck,” Steele said. “It clarifies that agricultural materials (manure, fertilizer) are deemed animal processing residuals and are okay for land application if they meet nutrient criteria.
“It clarifies that residuals from commercial and industrial is solid waste and will need proper permits for solid waste,” Steele added. “It seems like simple little word adages, but they pack a powerful punch if we can get it passed.”
Sameul Liebl, Director of Communications with Denali Water Solutions released the following statement.
“Based on guidance issued by Missouri DNR, Denali is working to adjust our operations in Missouri to continue to serve the state’s food manufacturing facilities. While Denali awaits permits to resume responsible and environmentally friendly land application in Missouri, we will do all we can to support customers and Missouri farmers as they continue to provide food and employment for Missouri residents.
Denali has a long track record of responsibly handling the residuals that result from water treatment at food manufacturing facilities, recycling these residuals as valuable organic fertilizers, and protecting clean water in Missouri. Safety and environmental stewardship are our priorities. When incidents do happen, Denali mobilizes its vast team and resources to address situations quickly and responsibly.
Denali contracts with certified third-party labs to check for potential contaminants, and we share the test results with the State of Missouri and our farmer partners. We only land apply material when it is safe to do so and beneficial for the land and the farmers with whom we work. Denali works closely with government agencies to ensure our activities are safe and meet or exceed all regulatory requirements.
More than 100 Missouri farmers rely on fertilizers from Denali, and dozens of Missouri food manufacturers, employing more than 10,000 Missouri workers, depend on our services to continue their business operations. Without the ability for Denali to operate, Missouri food companies will face extremely challenging and costly decisions. We are committed to ensuring a positive outcome for Missouri farmers, businesses and communities.”
For more information on SLUDGE, visit their website at https://www.stopsludgespreading.com/. For more information on SB908, visit https://www.senate.mo.gov/ and search bill SB908.