Industrial waste fertilizer stink invading River Valley is topic of lawsuits in 3 states; Missouri groups threaten federal lawsuit | Northwest Arkansas Democrat-Gazette

FORT SMITH Company Faces Lawsuits Over Odor Issues in Multiple States

The company officials say is to blame for the malodorous breezes wafting through the River Valley has been the defendant in lawsuits rising from complaints about the smell in at least three states.

Legal Actions in Multiple States

• Russellville-based Denali Water Solutions LLC and its organic waste product have been the subject of legal actions in at least three states: Missouri, Maryland, and Alabama.
• Most recently, two local environmental groups and a Missouri farmer put the Missouri Department of Natural Resources and six companies, including Denali Water Solutions, on notice Oct. 9 that they intend to file a lawsuit under the federal Clean Water Act over the spread of industrial organic byproducts as fertilizer.

Concerns Over Land Application of Processing Waste

• The plaintiffs have given the Missouri Department of Natural Resources until Dec. 12 to stop all future land application of the processing waste throughout the state.
• If the department fails to prohibit such land application, a lawsuit will be filed in federal court seeking a permanent injunction.

Legislation and Environmental Groups’ Involvement

• Earlier this year, the Missouri Legislature passed laws prohibiting the operation of three sludge lagoons in Newton, McDonald, and Randolph counties.
• The two environmental groups behind that legislation, Stop Land Use Damaging Our Ground and Environment (SLUDGE) and Citizens of Randolph County Against Pollution (CRAP), are also involved in the federal action.
• Joining the environmental groups in the action is Craig Family Farms.

Potential Defendants in the Lawsuit

• The six companies named as potential defendants in the federal lawsuit include Bub’s Inc., Denali Water Solutions, HydroAg Environmental, LCL Farms Inc., Reed Environmental, and Synagro Technologies Inc.

Missouri’s Proposed Rule and Concerns

• Based on the 2024 legislation, the Department of Natural Resources is proposing to require the testing of industrial sludges for toxic PFAs.
• However, the proposed rule does not prohibit land application of sludges that contain PFAs, which raises concerns about the potential risks to public health.

Denali’s Response

• A Denali spokesperson denied the allegations made by Jeffrey Law Group, calling them “unsubstantiated and sensational.”
• Denali asserts that all organic residuals applied as fertilizer in Missouri meet EPA and MDNR regulations.
• Denali acknowledges and affirms EPA and MDNR’s support for the practice of recycling organic residuals through land application.

Legal Issues in Other States

Alabama Fines Denali $111,300

• Denali has paid over $100,000 in fines in Alabama following complaints of odors emanating from the company’s food processing waste.
• The company settled with the Alabama Department of Environmental Management three years ago, paying $34,500 in fines and agreeing to stop spraying food processing waste above ground at any of its Alabama operations.
• Denali also agreed to pay another $76,800 to resolve alleged violations of the state’s rules governing the use of food processing waste as fertilizer.

Maryland’s Right-to-Farm Law

• An appellate court in Maryland overturned a circuit court finding that a farm using Denali processed waste could be sued by neighbors.
• The appellate court upheld that the state’s right-to-farm law “broadly shields farmers and their operations from vexatious lawsuits.”

Local Concerns and Potential Legal Action

Odor Issues in Sebastian and Crawford Counties

• Residents of Sebastian and Crawford counties have been experiencing the odor of organic residual waste being transported by Denali Water Solutions.
• Fort Smith Mayor George McGill stated that legal options are being explored to address the odor issue and its impact on residents’ quality of life.

SDGs, Targets, and Indicators Analysis

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 6: Clean Water and Sanitation
• SDG 12: Responsible Consumption and Production
• SDG 15: Life on Land

The article discusses issues related to the spread of industrial organic waste as fertilizer, potential water contamination, and the impact on the environment and communities. These issues are directly connected to the goals of ensuring clean water and sanitation (SDG 6), promoting responsible consumption and production (SDG 12), and protecting life on land (SDG 15).

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 6.3: By 2030, improve water quality by reducing pollution, eliminating dumping and minimizing release of hazardous chemicals and materials.
• SDG 12.4: By 2020, achieve the environmentally sound management of chemicals and all wastes throughout their life cycle, in accordance with agreed international frameworks, and significantly reduce their release to air, water, and soil in order to minimize their adverse impacts on human health and the environment.
• SDG 15.9: By 2020, integrate ecosystem and biodiversity values into national and local planning, development processes, poverty reduction strategies, and accounts.

The targets identified are directly related to the issues discussed in the article. They focus on improving water quality, managing chemicals and waste in an environmentally sound manner, and integrating ecosystem and biodiversity values into planning and development processes.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Water quality indicators: The article mentions the spread of industrial organic byproducts as fertilizer, which can potentially contaminate water sources. Monitoring water quality indicators such as levels of pollutants and hazardous chemicals can measure progress towards improving water quality (SDG 6.3).
• Waste management indicators: The article discusses the disposal and land application of industrial organic waste. Monitoring indicators such as waste generation, treatment methods, and compliance with regulations can measure progress towards environmentally sound waste management (SDG 12.4).
• Ecosystem and biodiversity indicators: The article highlights the potential impact on the environment and communities due to the spread of waste. Monitoring indicators such as habitat loss, species diversity, and ecosystem health can measure progress towards integrating ecosystem and biodiversity values into planning and development processes (SDG 15.9).

The article implies the need for monitoring and measuring indicators related to water quality, waste management, and ecosystem health to assess progress towards the identified targets.

Table: SDGs, Targets, and Indicators

Source: nwaonline.com