Attorney General's News Release

November 19, 1999

Nixon seeks contempt order against Simmons Foods for recent water pollution violations

Jefferson City, Mo. —Attorney General Jay Nixon today asked the McDonald County Circuit Court to find Simmons Foods Inc. in contempt of court for violating a November 1998 consent order that set certain water pollution standards at the company's poultry processing operation near Southwest City.

Nixon said the company should be found in contempt and penalized because testing by both the company and the Missouri Department of Natural Resources determined discharges from Simmons to a tributary of Cave Springs Branch exceeded those pollution standards on 31 separate occasions between November 1998 and October 1999. Those pollutants included:

• Phosphorus
• Nitrates
• Fecal coliform
• Ammonia
• Suspended solids
• Oil and grease

"While the quality of Simmon's wastewater discharges has improved substantially since a multi-million dollar plant upgrade ordered by the court was completed, there continue to be violations of technical pollution parameters," Nixon said.

The 1998 consent order states that Simmons will pay a stipulated penalty of $2,500 for each violation of the court order and the Attorney General's Office would be allowed to seek other relief as well.

Last year Simmons paid $500,000 in penalties under the consent order and the company was ordered to comply with new limitations on discharges from the Southwest City plant, which processes approximately 1.4 million chickens a week. Simmons also was ordered to make significant reductions in the amount of chicken litter land-applied from Simmons' farms in the Honey Creek and Elk River watersheds.

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