"The people of Carthage deserve the right to enjoy their homes and their community without having to tolerate a rotten stench every time they walk out their front door," Nixon said. "RES has received numerous complaints, and has had ample opportunity to find a remedy. Perhaps the court will get the company's attention where the city and the public could not."
RES, a joint venture of Changing World Technologies and Con-Agra Foods, operates a plant at 530 N. Main St. that utilizes a thermal conversion process to convert agricultural and animal wastes to oil, gas, minerals and fertilizer. Much of the waste comes from Con-Agra's turkey processing facility in Carthage.
The lawsuit alleges that since the construction of the RES plant, the operation of the processing facility and associated waste storage and handling continues to cause odors that "unreasonably interfere with the use and enjoyment of private and public property" and "threaten the public comfort, safety, peace and welfare."
Nixon and the city are asking the court to declare the odor a public nuisance, and to direct RES to take the necessary steps to eliminate it. In addition, RES is being asked to pay any associated legal fees.
Judge David C. Dally of the Jasper County Court is the judge assigned to the case. Harry D. Bozoian of Jefferson City is attorney for the State of Missouri and David Boyce Mouton of Carthage is attorney for the City of Carthage.
Defendent, Renewable Environmental Solutions, L.L.C. is a joint venture of Changing World Technologies, Inc. and Con-Agra Foods, Inc. According to papers filed, RES is an active foreign limited liability company registered with the Missouri Secretary of State to operate the agricultural waste processing plant at 530 N. Main St., Carthage.
Rep. Roy Blunt worked with Senator Kit Bond to secure the initial $5 million start-up funding for the RES plant. It was part of Blunt's provision in a 2004 appropriations bill to provide $12.4 million to the Society for Energy and Environmental Research for the continued development of technology that would transform agricultural waste into fuel oil. The Society for Energy and Environmental Research and Changing World Technologies seemed to have shared the same toothbrush.
Millions of taxpayer dollars have been already spent on a plant that sells its product for half of what it costs to be produced but Brian Appel, the entrepreneur behind the plant, still had hopes for additional tax credits to help turn the plant around.
For original story regarding establishment of RES, click here.