Attorney General's News Release

September 6, 2001

Judge gives preliminary approval to order resolving contempt motion by Nixon against Simmons Foods

Jefferson City, Mo. — McDonald County Circuit Judge Timothy Perigo today gave preliminary approval to a proposed settlement between Attorney General Jay Nixon against Simmons Foods Inc. If given final approval by the court, the settlement would resolve a motion for contempt sought by Nixon against Simmons for water pollution violations at the company's poultry processing operation near Southwest City.

"Overall, there has been significant improvement in the quality of Simmons' wastewater discharges since we obtained a court order in 1998 requiring a multi-million dollar upgrade," Nixon said. "One sign of that progress is that we have not had any violations reported this year.

"There were, however, problems that occurred when Simmons brought its new wastewater treatment facility online, and this settlement addresses those problems," Nixon said. "We will continue to monitor closely water quality in this part of the state."

The settlement requires Simmons to pay $100,000 in penalties and eliminate one area of particular concern where stormwater comes into contact with chicken waste and runs off into nearby creeks. The runoff comes from a parking area where trucks carrying chickens await processing. If Simmons corrects that problem, $50,000 of the penalty will be suspended.

The settlement also contains provisions requiring Simmons to undertake a groundwater monitoring study, to be approved by the Missouri Department of Natural Resources. If the monitoring discovers groundwater problems or contamination, Simmons must address those concerns. Finally, the settlement calls for the company to have a Class A-licensed wastewater operator on site at all times.

In November 1999, Nixon asked the court to find Simmons in contempt and assess penalties against the company for violating a 1998 consent order that set specific limits for various pollutants discharged from the facility, including phosphorus, ammonia and nitrates.

Simmons paid $500,000 in penalties under the 1998 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 that was 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