Ew, that smell: Thief River Falls dairy upsets neighbors

The stench from Excel Dairy in northwestern Minnesota has riled not just its neighbors, but also a half-dozen county, state and federal environmental and health agencies.

Today the Minnesota Pollution Control Agency citizens' board will try to determine whether the 1,500-cow operation near Thief River Falls should be shut down permanently, or given another chance with stricter rules to correct feedlot violations.

Dairy odors have violated state air quality standards hundreds of times and driven nearby residents from their homes repeatedly.

There's no shortage of opinions.

State health officials want the dairy cleaned up. They took the unprecedented step of declaring it a public health hazard in October because of uncontrolled odors from its huge manure basins. That announcement was seconded last month by the federal Agency for Toxic Substances and Disease Registry, which conducted an "exposure investigation."

The Minnesota attorney general's office wants the dairy shut down permanently because its owner violated state laws and rules repeatedly in 2008 and has not corrected the problems.

Neighboring citizens and the Marshall County Board agree.

"It's devastating when it totally overruns your whole life and you can't live normally in your own house," said Jeff Brouse, who lives a half-mile from the dairy. "We just need some relief."

The Minnesota Pollution Control Agency proposes to revoke the dairy's permit, but then reissue the permit with tougher rules. The MPCA and the attorney general sued the dairy in June in Marshall County District Court, where the case is still pending.

In papers filed with the MPCA board, the dairy argues that nothing should be done about its permit until the court matter is resolved, and that shutting down the operation without a formal hearing would violate the dairy's right to due process.

Watching the drama most closely are a dozen families who live within a mile of the dairy and have been driven from their homes repeatedly because they can't stand the smell when the wind blows in their direction.

State health officials advised neighbors to leave their homes in June after residents measured levels of foul-smelling hydrogen sulfide at more than 200 times higher than state air quality standards allow. The rotten-egg odors cause headaches, sore throats, nausea and weakness, and can lead to dizziness, memory loss and more severe health problems over time.

The lawsuit by the state claims that Excel violated air quality standards more than 300 times from May to September 2008. It also alleges that the dairy failed to report the excessive emissions to pollution authorities, and violated its permit by failing to maintain a crust on manure storage basins that would prevent gas from escaping.

What's next?

The matter before the MPCA board is what to do next.

In a letter to the agency, Attorney General Lori Swanson said that Excel no longer deserves the privilege of operating a dairy because it has made false statements, ignored state orders, dismissed health concerns, and tried to litigate its way out of trouble by blaming others or claiming exemptions from rules. Swanson called the company's strategy "an affront to the MPCA regulatory authority and the right of the surrounding residents to breathe non-putrefied air."

Citizens who have filed a lawsuit make a similar claim, saying the MPCA should revoke, but not reissue, the permit.

MPCA officials defended their approach. Revoking the permit could be contested in a lengthy procedure that would allow the dairy to keep operating for another year or more under current conditions, said Gaylen Reetz, MPCA director of regional divisions. Revoking and then reissuing the permit with tougher restrictions would require the company, owned by the Dairy Dozen of Veblen, S.D., to pump out the manure basins by June 1 and outfit them with covers to reduce gas emissions.

"We believe it's the most timely, effective way to achieve reductions of hydrogen sulfide and get the controls in place," Reetz said.

Tom Meersman • 612-673-7388