The Arkansas Pollution Control and Ecology Commission approved Friday its administrative law judge's recommendations to deny motions made by C&H Hog Farms arguing that its original permit was indefinitely active.
Administrative Law Judge Charles Moulton has made a recommended decision in C&H's favor that would put the Arkansas Department of Environmental Quality's decision to deny its permit application back out for public comment, which will likely be considered by the commission next month. The commission is the department's appellate and regulatory body.
Environmental groups have expressed opposition to the farm's operation within the Buffalo River watershed, citing concerns that manure from the farm could leak into the river and pollute it.
Commissioners adopted an order by Moulton on Friday rejecting claims made by C&H on the extent to which the farm's permit can remain active.
C&H had argued that its Regulation 6 permit remains active until the Environmental Quality Department issues a new one.
Attorney Chuck Nestrud said law dictated that such federal permits can only be discontinued if the owner is found in violation, citing Ark. Code Ann. 8-4-203(m)(5)(D).
In his recommended decision to the commission, Moulton emphasized that that portion of the law states an expired general permit can remain active until "a final decision is reached for an individual permit," not until a new permit is issued.
Commissioners did not debate that decision but spent more time on C&H's argument that the department did not properly inform the farmers that they needed to submit a "timely" application for an individual permit to replace their general permit, which was no longer authorized under state environmental permitting programs. The department never told the farmers when they needed to submit their application.
Department attorney Tracy Rothermel said the department did not give C&H a timeline on when to apply because the farmers had already submitted an application for a Regulation 5 individual permit.
That permit was denied by the department in January after receiving initial approval last year, and in April the farmers applied for a Regulation 6 individual permit, which is still a pending application.
Commissioners discussed whether the issue had been fully argued and whether timeliness was defined enough for them to make a ruling on it before approving Moulton's recommended decision 8-3.
Commissioners Mike Freeze, Bruce Holland and Rusty Moss voted against it.
NW News on 08/02/2018