AHC Rejects Appeal of Audrain County Hog Farm Permit

Commission’s Decision Directly Contradicts the Ruling in the Arrow Rock Case

Jefferson City, Mo.,—On January 23, 2009 the Administrative Hearing Commission (AHC) issued a decision dismissing an appeal filed by the Missouri Parks Association (MPA). The Parks Association attempted to revoke a construction permit issued to Cin-Way, L.L.C., an Audrain County hog farming operation.

The Parks Association claimed that a recent judgment in the Friends of Arrow Rock v. DNR case prevented the Missouri Department of Natural Resources (DNR) from issuing Cin-Way’s permit to construct a 4,880-head swine finishing building.

The Missouri Parks Association argued that the Arrow Rock judgment prohibited the construction of concentrated animal feeding operations (CAFOs) within 15 miles of state parks. On December 9, 2008, the judgment was narrowed to apply only to CAFOs within 2 miles of Arrow Rock. The AHC bluntly rejected their argument stating that, “because Cin-Way’s CAFO is 12 miles from Mark Twain State Park, claim that the CAFO’s distance from the park violates the Circuit Court’s ruling is without substance.”

The AHC noted that buffer distances, imposed by Missouri statute, “address and consider potential odor-related or nuisance-related impacts to individuals residing in or visiting public buildings and occupied residences near CAFOs.” Therefore the AHC held, “these requirements already protect visitors to state parks and historic sites and landmarks . . .”

In rejecting the appeal, the AHC recommended to the Missouri Clean Water Commission (CWC) that the construction permit be upheld. The AHC stated that, “DNR and the CWC simply lack the authority to include in this construction permit conditions that relate to state parks and historic sites and landmarks.”

The AHC concluded that the Missouri Parks Association’s “arguments against granting Cin-Way’s construction permit application because of airborne odors and pollutants affecting Mark Twain State Park fail as a matter of law.” Thus, Cin-Way is free to continue with the construction of its new facility.

“This decision demonstrates that the Missouri Parks Association has no legal basis to challenge permits issued to family farmers who are attempting to establish new swine operations,” said Don Nikodim, Executive Director of the Missouri Pork Association. Cin-Way, L.L.C. is a family farming operation owned by Wayne and Cindy Windmann, along with their son Jared and his wife Leslie.

The Missouri Pork Association represents the state’s pork producers in the areas of promotion, research, education and legislation. For more information about this or any other programs of the Missouri Pork Association, go to www.mopork.com, or call the Missouri Pork Association office at (573) 445-8375.