Shocked locals fear for health, families in wake of pro-feedlot decision

St. Paul, MN—The Minnesota Pollution Control Agency Citizens Board heard hours of testimony on April 28, regarding the revoking and re-issuance of a permit to operate for Excel Dairy located in Thief River Falls, Minnesota. Typically a five year permit is issued. The MPCA Citizens Board voted to revoke and reissue a one year permit to Excel Dairy in light of flagrant air and water quality violations.

Owner Rick Millner testified that there was no money to clean up and fix the problems at the dairy. Millner estimated that the improvements would cost three quarters of a million dollars to one million dollars. Their fines could run up to a million dollars. When asked if they would comply with a new permit Millner Responded “as stated I do not think we can.” Kevin Stroup attorney from Marshall Minnesota for Excel dairy was asked once again if the board voted to revoke and reissue the permit today if the Dairy would abide by the conditions of the permit, He responded “it will be going direct to the court of appeals.”

The Marshall County Board, the Minnesota Attorney General, State Senator Leroy Stumpf, Representative Dave Olin and all the neighbors asked the MPCA to revoke the permit and not reissue it. “They all asked to end this nightmare for the neighbors once and for all,” said Jansen.

The nine Citizen Board Members voted eight to one to revoke the old permit and reissue a new, more stringent permit. The permit was issued despite open statements by the Dairy that they will not abide by it and will appeal in court. Board member Lohmer was in tears from neighbors’ testimony and asked other board members if this shouldn’t be considered an emergency, yet she vote yes. Convinced by state staff this path was the quickest way to help the neighbors. Only Board member Battiste, from Minneapolis voted no. Board member Donald Schiefel, the agriculture representative apologized to the neighbors for having to live next to such a bad actor.

Jeff Brouse neighbor to Excel Dairy was dazed by the outcome. “I do not get it, this is a health hazard but yet we do not have any remedies. The State and the Judges keep giving Excel more time even when they blatantly say there will be no fixes, there is no money. No one understands we need to move out of our homes in the middle of the night to protect our children, there is no warning the wind switches and bam we need to get out. We should not be forced to lose the right to live in our homes, or be forced to live in a health hazard. This decision will cost our neighborhood another year of living in hell for the benefit of a bad actor dairy operation, complete with out of state owners.”

Neighbors left in shock, and in tears. They know they are going to suffer another year at least. “This would not be happening with any other industry if a health hazard was declared,” says Jansen.

Excel Dairy’s cattle were removed from the buildings because the lagoons are about to overflow. Approximately 28 million gallons of manure are onsite, emitting over 302 known toxic chemicals. Hydrogen sulfide is the only chemical that has been monitored. Board members asked about Superfund funding to clean the manure out. It was reported that they would look it to it but with state superfund dollars, the state could not recover the costs, under Minnesota Laws.

Excel Dairy reopened in March of 2007. Neighbors have complained of odors since it opened. Last May citizens contacted Clean Water Action for help. State air quality standards read that 30 parts per billion of hydrogen sulfide (ppb) for half hour shall not be exceeded at the fence -line not more than two times in a 5 day period and 50 ppb for half hour shall not be exceeded not more than two times in a year.

“We found near 7000 ppb individual readings in the neighbors yards, half hour standards were exceeded in citizens homes for hours, these levels are the worst I have ever seen in the 14 years I have worked on feedlot air quality. These levels cause more than nuisance symptoms; they interfere with the oxygen in your blood. This is serious especially for children, there are two new babies in this neighborhood.” stated Rural Community Organizer for Clean Water Action Julie Jansen.

The Minnesota Health Department along with ASTR issued a report regarding the data. They declared the dairy a public health hazard. This is the first case in the US where a feedlot has been declared a public health hazard.

Air monitors were started up again on April 2, 2009. The MPCA staff stated that the raw data suggest that violations have already occurred for the year. For the neighbors this means the nightmare has begun once again.