MN AG recommends tapping Superfund for clean-up of rogue feedlot

St. Paul, MN— At a June 22 hearing the Minnesota Pollution Control Board warned Excel Dairy this was their last chance to show good faith and correct the air emissions problem with their dairy operation in Marshall County near Thief River Falls, Minnesota.

A year ago in June the MPCA, the county and the Attorney General filed lawsuits to get the company to bring the toxic air emissions under compliance with Minnesota’s air quality standards for hydrogen sulfide. Excel Dairy had nearly 500 violations last year. Hydrogen sulfide causes many health problems such as headache, nausea, breathing problems, vomiting, diarrhea and extreme fatigue.

Levels of hydrogen sulfide were so high last summer residents were told to evacuate their homes by the Minnesota Department of Health. State and federal agencies have since investigated and declared Excel Dairy a health hazard. This is the first time ever in the United States a feedlot has been declared a public health hazard. A year later, neighbors are still forced to breathe toxic air and flee their homes. Over 100 violations have already been recorded this year.

Clean Water Action’s rural community organizer Julie Jansen (who helped the neighbors prove the air was toxic) agrees these needs to be resolved now. “It is not fair to ask any one to live in conditions like this. The dairy is breaking the law. I have never seen hydrogen sulfide emissions like this at any industry or feedlot in the state. Milner has no intention of doing anything he is not forced to do,” said Jansen.

Owner Rick Milner told the MPCA Citizens Board which provisions in his permit he was planning to abide by. In April the Citizens Board revoked and reissued Excel’s permit. Milner was ordered by the MPCA Board to have all three manure lagoons pumped out by June 15. Milner told the board he would pump out lagoons two and three but he had no intention of pumping lagoon one until fall. Milner told the board that the fields were still too wet to apply manure.

Neighbor Mona Loe told the Board how terrible the odor and living conditions were again this year. According to Loe’s testimony, neighbors just want their life back and not to be sickened by the emissions. Citing Milner’s declarations that he has decided what pieces of his permit he will obey, Loe asked “Why doesn’t this board just let him write his write his own permit?”

MPCA Board member Wilander said during the hearing that he has seen many superfund sites over the years and never has he heard of anyone being forced to leave their homes. MPCA Commissioner Paul Eger has the power seek a court order to allow the state to remove the manure from the lagoons to eliminate the public health hazard emissions.

Commissioner Eger voiced his concern of taking this to the Marshall County courts to act on this matter. “The court has not been fast in acting, cases filed a year ago still have not been ruled on. This has been no help to the citizens that have been impacted. I believe the whole board is frustrated and does want the dairy reduce their emissions but they need a path with out road blocks to force Excel to do what is right and legal,” states Julie Jansen from Clean Water Action.