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Company that's faced pushback in Missouri fined by EPA for violations in two western states

By Kurt Erickson

Company that's faced pushback in Missouri fined by EPA for violations in two western states

JEFFERSON CITY -- An Arkansas company at the center of a dispute in Missouri over the use of meatpacking sludge as a fertilizer has agreed to pay a $610,000 fine for environmental violations it committed in two western states.

The settlement between Denali Water Solutions and the U.S. Environmental Protection Agency over wastewater sludge being spread in Arizona and southern California comes as the company faces potential legal action in Missouri.

According to the EPA, the company repeatedly land-applied sewage sludge to farm fields in Arizona and southern California at levels that exceeded the nitrogen needs of the crops in those fields.

Denali also repeatedly failed to obtain the information necessary to determine the correct amount of sewage sludge to apply, potentially allowing nitrogen and other pollutants to flow into water supplies.

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Excess nitrogen in drinking water can be harmful to infants or young livestock. Too much nitrogen can lead to overgrowth of aquatic plants, increased harmful algal blooms, decreased light penetration and reduced levels of dissolved oxygen. Each conditions makes it difficult for fish to live and people to swim, regulators said.

"This settlement demonstrates EPA's commitment to watershed and groundwater aquifer health, which in turn protects wildlife habitat and drinking water sources," said EPA Region 7 Administrator Meg McCollister.

In Missouri, lawmakers put Denali in the crosshairs last spring for its practice of collecting waste from meatpacking facilities and storing it in large lagoons until it is spread on farm fields as free fertilizer.

Rural residents complained about the odor, as well as expressed fear that the biosolids could leak into water supplies.

Under the new regulations, which won bipartisan, near-unanimous support in both the House and Senate, companies that want to build storage lagoons for animal byproducts would be required to test the waste monthly for heavy metals and pathogens and make sure those materials are not being spread on cropland. Storage lagoon operators would also have to install groundwater monitoring wells to prevent groundwater contamination in some cases.

Two rural citizen groups are threatening a lawsuit to force the state to further ban companies from spreading sludge.

The groups argue that new DNR rules regulating the lagoons require testing for so-called "forever chemicals" known as PFAS, but don't prohibit the material from being applied to land, where it could leak into underground water supplies and be taken up by plants.

PFAS, or perfluoroalkyl and polyfluoroalkyl substances, are chemicals that have been around for decades and have now spread into the nation's air, water and soil.

Health experts say low doses of the chemicals can build up in the body over time, resulting in medical conditions ranging from kidney disease to certain cancers.

The proposed lawsuit gives DNR a December deadline to bar the use of the meatpacking waste as a fertilizer. A spokeswoman said the agency does not comment on pending litigation.

The two groups were formed last year to fight against companies that collect waste from beef, pork, chicken and turkey plants and store it in large pits before hauling it to farmers where it is spread as a low-grade fertilizer.

The service is a cheaper alternative to building a wastewater treatment facility to clean the sewage.

One of the groups, "Stop Land Use Damaging Our Ground and Environment" (SLUDGE) is based in southwest Missouri. "Citizens of Randolph County Against Pollution" (CRAP) is based in northwest Missouri.

In addition to DNR, the notice of intent to sue includes Denali, Synagro Technologies and four other companies that serve the state's meatpacking industry.

Denali's settlement in Arizona and California requires the company to follow a specific soil sampling protocol if it resumes land application in the region.

EPA estimates that by ceasing land application and complying with the settlement terms, the excess application of 5.8 million pounds of sewage sludge will be eliminated annually.

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