Neighbors of Toxic Feedlot Leave MPCA in Tears After Excel Dairy Permit Is Reissued

After hours of testimony, reducing neighbors and one Citizen’s Board member to tears, the Minnesota Pollution Control Agency granted a one year permit to Excel Dairy. The unusually short permit (most are issued for five years) reflects the 1500 head dairy’s record of permit violations, odor complaints and conflict with local residents and agencies.

Excel Dairy made history recently as the only feedlot in US history to be declared a public health hazard by a state health department. Approximately 28 million gallons of manure are stored on the dairy's site near Thief River Falls, Minnesota. Hydrogen sulfide, a potent neurotoxin emitted by stored liquid manure, has been monitored by MPCA and grossly exceeded Minnesota Air Quality Standards. Excel Dairy’s cattle have been removed from their buildings because the lagoons are about to overflow.

Owner Rick Millner testified that there was no money to clean up and fix the problems at the dairy. Millner estimated that the improvements could cost up to one million dollars. When asked if they would comply with a new permit, Millner responded “I do not think we can.” Excel Dairy attorney Kevin Stroup, was asked if the permit was reissued, would Excel 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 testified asking 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 Julie Jansen, Rural Communities Organizer for Clean Water Action.

Board member Lohmer was in tears from neighbors’ testimony and asked other board members if this shouldn’t be considered an emergency. She eventually voted to reissue the permit, convinced by MPCA 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 when 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.”

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 reopened in March of 2007. Neighbors have complained of odors since it opened. Last May citizens contacted Clean Water Action for help. “We found near 7000 ppb of hydrogen sulfide in individual readings in the neighbors yards. These levels are the worst I have ever seen in the 14 years I have worked on feedlot air quality,” said Jansen. State air quality standards begin regulating hydrogen sulfide at 30 ppb, so Jansen’s monitoring puts Excels’ emissions at 10, 20 and even hundreds of times over the legal limit.

“Hydrogen sulfide at these levels causes more than nuisance symptoms; they interfere with the oxygen in your blood. This is especially serious for children, and there are two new babies in this neighborhood,” stated Jansen.

The Minnesota Health Department declared the feedlot a public health hazard last year; a first in the US. 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.