INDUSTRIAL FUELS PLANS APPEAL OF PERMIT DENIAL

SCOTT CITY -- Officials at Industrial Fuels and Resources, Inc. of Scott City say they plan to appeal a Department of Natural Resources (DNR) decision to deny the company a permit to operate as a hazardous waste management facility.

The DNR announced last week they have asked the Missouri Attorney General's office to take legal action against Industrial Fuels for "recurring violations" at the facility and the company's failure to submit an adequate application for technical review.

David Jordan, president of Industrial Fuels, said Wednesday he will appeal the DNR's denial of the permit. Jordan said the alleged violations are already under appeal, and the DNR is basing their denial of the permit on incomplete findings.

"They acted prematurely and without any sort of justification," Jordan said. "They've charged us with something without it being proven."

Jordan said all operations at the industrial plant have been put on hold.

A spokesperson for the DNR said Industrial Fuels has 30 days to appeal the denial of the permit and the case would likely be heard by the Missouri Hazardous Waste Commission.

The DNR claimed Industrial Fuels has violated the state's Hazardous Waste Management Law. In December, the department issued an administrative order to the company, directing it to correct violations of its hazardous waste permit.

Among the violations the DNR found were:

Allowing waste to leak out of containers and out of the container storage areas. The waste was being allowed to leak into the ground at the facility, and into a ditch where it left the property, the DNR said.

Utilizing improper and inadequate containers and storage areas for storage of hazardous waste.

Failing to provide adequate protection from fire and explosion at the facility.

Accepting and processing waste for which the facility is not permitted.

The DNR is also currently investigating damage from a fire in late June at the facility, and possible contamination from that fire.

The DNR said Industrial Fuels failed to conform to state and federal regulations after receiving repeated letters of warning from the DNR.

But Jordan said attempts to communicate with DNR officials were unsuccessful.

"We asked for a meeting with them to discuss this and they refused to meet with our outside engineering company," Jordan said. "They simply wouldn't talk to us."

Because the DNR denied the company's hazardous waste permit, Industrial Fuels may be forced to close down, an action Jordan said would be negated by a successful appeal.

"We don't think they have a valid reason for charging us with these violations," Jordan said. "Our position is that the appeal is going to be successful."