Environmental Laws

[Lorane]

What is the name of your state? Missouri
A large utility company is trying to put a power plant in a rural residental community. We formed a commity and tried to locate law on environmental issues. Missouri does not appear to have any. This power plant will be located within a half mile or less of residents.

My husband and I have worked in the power plant industry, for 30+ and 20+, years. We have never seen such a lack of care about the environment, people, animals and the laws as this utility company has shown. They have stated that they do not need permits and will build the plant on 74 acres with 55 fot stacks whether we like it or not. The people who live within a two mile radius had a meeting with the Missouri Department of Natural Resources last night. The news media showed up and televised the meeting on the 10 o'clock news. The news media did not televise my husband's stated knowledge of the dangers of this plant being built in our back yard. Instead they showed a little of what the attorney presented and one neighbor's concern about her children. My husband is a licensed PE in the state. This utility company has been in the news for unethical dealings and has had financial problems.
In all the years that I have been in the industry, I have never seen or seen recommended that a power plant be placed on 74 acres. Power plants are usely built on hundreds of acres and at the back of the acreage. This creates a buffer zone for noise and allows the chemicals from the stack to be dispersed better. The stacks are usually 100 foot in height or more. The citizens here are very concerned about the families health and property. The homes sit on 3 to 80 acres.
Who do we go to, since there are no laws covering protecting us from these environmental issues? Any information would be greatly appreciated.

 

[Lorane]

Please excuse the misspelled words in the beginning thread. I was up most of the night trying to do research concerning the environmental issue. I really do know how to spell (community). I was trying to get in as much research as possible. Thank you.

 

[badapple40]

I don't see how they can operate without a permit. Missouri has to comply with Federal air quality limitations, and to do that Missouri has, in fact, enacted air permitting laws. This is consistent with the Clean Air Act of 1990.

http://www.dnr.mo.gov/oac/bus.htm

http://www.dnr.mo.gov/oac/forms/index.html#AirPollution

In fact, they need two permits, a permit to install an air "source" and a permit to operate that "source."

You also have raised issues of the potential pollution and harmful effects. This raises issues of nuisance. Try contacting Missouri's EPA or the Missouri Attorney General's Office regarding this matter. The Clean Air Act of 1990 also allows for citizen suits, after notice is given to the proper governmental agencies to take action.

You and your fellow citizens should look to hire an attorney familiar with environmental law. Don't go with any run of the mill ambulance chaser, they won't get all the nuances with this highly-technical area of law. I would think the costs would be reasonable if split among 100 or so neighbors (even with costs/fees of $100,000, the individual cost would only be about $1000).

 

[Lorane]

Our community has retained an attorney. We had a public meeting with the DNR and the Missour Department of Natural Resources Monday night. It was on the 10:00 P.M. news Monday. The reporter interviewed a spokes person for the group and she stated that the meeting would not stop the permit but would give input for restriction on the permit. This land is zoned agriculture. The utility compnay has been moving earth for at least a month now and had unlimited numbers of gravel trucks hauling gravel through the subdivisions to the site.
This company has not applied for nor received any permits. They purchased the land from the land owner and proceeded with their plans. I have worked for and with both engineering companies that did the studies for the utility company.

One does not put a power plant in an residental/agriculture neighborhood. Some homes are less than 1/4 of a mile from the site. There are three farms that butt up to the property.

We have asked the city, county and state to intervene. Everyone is passing the buck.

Missouri does not have any legislation in law to give guide lines to protect the people. We already breath the emissions from a very large coal plant that is located within 30 minutes southwest of our town. There is also a very large coal plant locate 30 minutes southeast of our town. This utility company maintains that they need the site for peaking during summer months. This utility company does not service this rural area, we are serviced by another utility company. This peaking power is for cities to the north and not for us.
Upgrading existing power plants can obtain the same effect and it is truly unnecessary for the installation of this plant.

I appreciate the help you have given us. Have a wonderful Thanksgiving.