Attorney General's News Release

May 5, 1997

Nixon sues major chicken processor Simmons Foods for polluting water in southwest Missouri

Jefferson City, Mo. — Attorney General Jay Nixon today filed suit against Simmons Foods Inc. for water pollution violations by the chicken processing company at its operation near Southwest City in McDonald County. Nixon is seeking injunctive relief and penalties against Simmons in the lawsuit, which was filed in McDonald County Circuit Court.

"Major animal processors that operate in Missouri have a legal obligation to obey the laws that protect environment," Nixon said. "I support the growth of the agriculture industry in Missouri, but not at a cost to the environment such as Simmons Foods has caused."

Simmons Foods operates a poultry processing and rendering plant near the Missouri-Oklahoma border. The operation processes approximately 1.4 million chickens a week and discharges its wastewater to a tributary of the Cave Spring Branch, which ultimately flows into the Grand Lake of the Cherokees.

Nixon said that monitoring reports and state inspections showed that Simmons was out of compliance with its permit to discharge numerous times from 1985 to 1996, including the discharge of inadequately treated wastewater into the creek. The DNR also has cited Simmons in the past for exceeding permitted levels of ammonia, suspended solids and low oxygen content in its discharges.

"There have been major ongoing problems with pollution problems caused by Simmons, and previous enforcement efforts have been inadequate to keep the company in compliance," Nixon said. "Although some improvements have been made, we need a court order that prohibits further illegal discharges and spells out exactly what Simmons is required to do to stay in permanent compliance. We also are asking for a substantial penalty against the company for its history of water pollution.

The lawsuit asks the court to assess a penalty of up to $10,000 per day for each violation of the Missouri Clean Water Law. As provided by the state constitution, the penalty would be paid to the McDonald County School Fund.

The Attorney General's Office received a referral of Simmons from the Missouri Department of Natural Resources for legal action earlier this year.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818