OKLAHOMA CITY – Attorney General Gentner Drummond responded to a federal court judgment holding major poultry corporations responsible for phosphorus pollution in the Illinois River Watershed (IRW). The ruling requires Tyson, Cargill, George’s, Simmons and Cal-Maine to fund decades of cleanup and imposes strict restrictions on waste application practices.
Read more: Drummond renews call for poultry litter settlement“This judgment has significant ramifications for the industry. These consequences underscore why we have focused on the importance of negotiations with the poultry companies before getting to this point,” Drummond said.
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“A robust poultry industry and clean water can and must coexist. I remain committed to working with the poultry companies toward a resolution. I can help facilitate negotiations that achieve cleanup of the watershed while supporting Oklahoma farmers. Let’s find a path forward together. I fervently believe there are solutions that will clean up our water while ensuring a strong and enduring poultry business in Oklahoma.”
The poultry companies can appeal the judgment decision and face years of costly litigation and uncertainty or meet the State at the negotiating table. A settlement agreement could address the cleanup requirements while giving all involved parties more flexibility and certainty.
Key aspects of the judgment include:
Remediation:
- Remediation will be conducted in a phased approach under the oversight of a special master.
- The defendants are joint and severally liable for paying for the remediation, including costs of remedial investigation, planning, implementation and monitoring.
Special master and watershed monitoring team:
- The Court will appoint a special master to oversee the Judgment.
- The special master will retain technical experts, order testing, prepare reports, prepare remediation plans and retain a Watershed Monitoring Team to inspect farms, land application sites and relevant records.
- The special master will provide reports available on the court docket.
- The special master will serve for at least 30 years.
- The defendants will pay for the special master. In addition, defendants will pay into an evergreen fund lasting at least 30 years. The starting balance of the evergreen fund is $10 million.
- The special master is entitled to judicial immunity.
Restriction on land application of poultry waste:
- Effective immediately, an injunction is in place setting a restriction of 120 pounds per acre STP to provide for land application of poultry waste in the IRW.
- The application rate is limited to two tons or less of poultry waste per acre.
- The defendants will hold the contract growers harmless for the costs of handling the poultry waste and for any loss of income that may be attendant to the defendant taking over the responsibility for safe disposal of the poultry waste.
Penalties and attorneys fees:
- The Court awarded a total of $350,000 in penalties.
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