Lawsuit against Fruitland slaughterhouse set for review

A lawsuit alleging a local meat processor illegally sent waste from its slaughterhouse flowing into a Cape Girardeau County creek is set for review in court Monday.

Judge Benjamin Lewis also may examine a request for additional damages during a case review at 9 a.m. Monday at the Common Pleas Courthouse in Cape Girardeau.

In an amended petition request entered in the court's online system Thursday, Missouri Attorney General Chris Koster seeks to add a count for state-incurred natural resource damages and cost recovery to the original suit against Fruitland American Meat.

The suit, filed by Koster in April, accuses the company of polluting a stream on three occasions beginning in January 2014 by allowing waste to escape its wastewater treatment system and in March intentionally pumping waste into a tributary leading to Cane Creek.

The result, according to court documents, was "dark brown or red, foamy stream water with an offensive odor" and water pollution that on one occasion killed 900 fish.

Cane Creek begins near the facility, off Route FF in Fruitland, and flows southwest across Cape Girardeau County, west of Jackson and under Highway 34 before becoming Byrd Creek, which empties into Upper Whitewater Creek a few miles south of the Bollinger Mill State Historic Site.

Court documents state red, foamy water also with a bad odor was found more than two miles downstream from the facility after overflow of the company's septic tank in February.

The company faces several violations of Missouri's Clean Water Law, including water pollution; illegal discharge; failure to report breaches; failure to submit discharge monitoring reports; and failure to submit sample discharge.

Koster also asked the court for injunctions prohibiting the company from any further violations and up to $10,000 in fines for each day the alleged violations occurred, according to a news release issued by Koster's office in April.

In court documents filed April 27, the company's attorney answered Koster's petition counts, denying all allegations, including that the company failed to properly operate its wastewater treatment facility, which includes a "no discharge" lagoon and and soil absorption beds.

Company president Peter Whisnant denied some of the allegations in an April interview and on Thursday said his lawyer is working toward a settlement with Koster's office.

"We had an accident late last year and early this year, but we have never had any intentional discharges," Whisnant said in the April interview.

Fruitland American Meat processes beef, pork, lamb, goat, bison, elk and other meats. The company halted operations after the suit was filed, but Whisnant said Thursday the company since has reopened. In April, the company employed about 50 people.

eragan@semissourian.com

388-3632

Pertinent address:

3006 Route FF, Jackson, MO

44 N. Lorimier St., Cape Girardeau, MO