By TONY GUERRERO
Hays Post
PLAINVILLE—Murphy Brown LLC has filed a permit application to the Kansas Department of Health and Environment for a swine facility near Plainville.
The proposal involves a 300-head boar breeding facility two miles west and one mile north of the town.
A public notice was issued on Aug. 22, notifying the community that a water pollution control permit is under consideration for the project.
Rooks County Commissioner John Ruder said that although Rooks County is not zoned, the facility still requires approval from the county commission.
"Our county attorney and another local attorney, who is interested in this project, found a statute stating that all swine facilities must be approved by county commissioners," Ruder said.
A 30-day comment period started on Sept. 5 and will end on Oct. 5. Individuals can submit their concerns directly to the Livestock Waste Management of KDHE.
Residents can express their concerns during the weekly Rooks County Commission meetings at 9 a.m. every Tuesday at the Rooks County Courthouse, 115 N. Walnut in Stockton.
Ruder listed potential advantages, such as increased tax revenue and job creation. He said he hopes to have a Murphy's representative speak to the residents.
"We sent an email to the facility owners and asked them to come to a meeting and tell us their plans," Ruder said.
Ruder acknowledges the community's concerns regarding groundwater contamination, odor and water usage.
Attorney Ashley Comeau of Jeter Law Firm opposes the swine facility, representing clients who could be affected by its operation.
Comeau raises concerns about why the facility is proposed so close to Plainville and the Rooks County Health Center, given the county's large size.
"Rooks County is almost 900 square miles, and they selected a location three miles from Plainville. That seems unnecessary," she said.
Due to concerns about its proximity to the city limits, Comeau said she would be more open to the facility being further away.
Comeau is a business and property owner in Plainville. Many of her clients' main concerns include water scarcity and the potential risk of groundwater contamination.
In 2020, residents living near Murphy-Brown's hog production facilities in North Carolina filed a lawsuit under state nuisance law, citing odor, pests and noise generated by the company’s hog farm operations.
The jury found in favor of the facilities' neighbors, awarding plaintiffs $75,000 in compensatory damages and a total of $5 million in punitive damages. North Carolina's cap on punitive damages reduced the total to $2.5 million.
In 1998, the United States filed a lawsuit against Smithfield, the parent company of Murphy Brown LLC, for releasing wastewater from its hog processing facility into the Pagan River in Virginia.
Smithfield was found liable for multiple violations of the Clean Water Act, and the court imposed a $12.6 million civil penalty.
Ray Atkinson, senior director of External Communications at Smithfield, said while the facility will be smaller than other farms, it will still generate jobs.
"This will create about a dozen specialized jobs in the area," Atkinson said.
Smithfield would offer in-house training and certifications for residents handling technical operations. The facility would also be fully enclosed and equipped with air conditioning and filtration systems.
Atkinson acknowledges the houses within a mile or so of the proposed site.
Comeau said she is concerned about the long-term effects of the facility and its potential expansion in the area.
"We've invested our livelihoods and plan to be here long term. What does this facility look like 10 to 20 years from now?" she said.
A public member spoke at the Sept. 17 Rooks County meeting, saying he has been in contact with people in Iowa and North Carolina where Smithfield has established facilities.
"They've noted a pattern over the last 30 years when Smithfield enters their communities. They do so with a small facility, let that run for about five years and then start expanding," he said.
Hays Post contacted other Plainville residents for comments, but they declined to speak on the record. However, concerns about the facility have been shared on social media.