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Is A SoyChlor Plant Killing Animals, People, And Children In Jefferson Iowa?

On October 28, 2005, more than 250 residents of Jefferson, Iowa, represented by attorneys at LaMarca & Landry, PC, filed a lawsuit against West Central Cooperative in the Iowa District Court for Greene County. The parties to this lawsuit include homeowners, business owners and people who work at nearby jobsites such as MicroSoy, Electrolux and American Concrete.

Causes of action include nuisance, negligence, trespass, res ipsa loquitur, and strict liability for engaging in an abnormally dangerous activity. The claims stem from numerous environmental and health changes that have occurred since the Soy Chlorine Plant in Jefferson, Iowa, began operations on February 14, 2005. These problems essentially stem from emissions of hydrogen chloride, hydrochloric acid and particulate matter at the Soy plant Chlorine. containing one or both of these chemicals. Soy Chlor is a patented feed supplement for dairy cattle that combines hydrochloric acid with a soy product.

The suit also alleges violations of West Central Cooperative’s IDNR operating permit for the plant, as well as violations of the Hazardous Chemical Hazards Act and other environmental laws and applicable standards of care.

West Central opened the business — SoyChlor — in February. Since then, emissions from the plant have corroded metal buildings and other property within a mile of the plant, the lawsuit alleges. The emissions also killed grass and other vegetation, killed wildlife, destroyed windows and discolored surrounding structures and roadway stones, prosecutors said.

Plaintiffs say the plant exceeded legal limits for emissions of both hydrogen chloride and “particulate matter,” or dust. When combined with moisture, the chemical turns into hydrochloric acid, a highly corrosive substance known to be toxic to humans and animals.

“It’s clear as day, right out my front window,” said Jeb Ball, owner of a used car dealership just west of the SoyChlor plant on Jefferson’s north side. “I have to look at it every day.

“We think we’re in compliance now,” said Nile Ramsbottom, vice president of soy and nutrition operations at Ralston-based West Central, but he added that the company plans to increase the height of the SoyChlor emission tower to 94 feet. diffuse emissions and dilute their presence on the ground. West Central also plans to install an additional treatment system, Ramsbottom said, adding that those combined steps would be more than enough to ensure the plant’s emissions meet legal limits.

The company has asked the Iowa Department of Natural Resources, which oversees emissions from manufacturing plants, to authorize the changes.

Dave Phelps, who oversees the DNR section that oversees such permits, said the department is prepared to grant the company’s request, but also expects a public comment period and public hearing on the matter this month. He also said recent tests showed dust emissions from the plant exceeded the limit allowed by state law.

George LaMarca, a Des Moines attorney representing the plaintiffs in the case, said the public hearing and opportunity for public input are good steps, but should have been taken before the plant opened.

Ball, a used car dealership owner, said Monday that his son, Colton Conroy, 15, was sickened by SoyChlor emissions. A month ago, a high school sophomore collapsed at a football game, and the attending physician blamed SoyChlor emissions for health problems that first appeared after the plant opened.

Since his collapse, the teenager has lived with his maternal grandparents south of the city and his symptoms have subsided, Ball and his wife, Diane Conroy, said.

“A year ago he could run and play football and everything and he had no problems,” Ball said.

SoyChlor uses hazardous materials, including hydrogen chloride, to produce a proprietary product added to dairy cow feed. Hydrogen chloride is a poisonous gas that can be toxic to humans and animals.

When it mixes with moisture, it becomes hydrochloric acid, a highly corrosive substance capable of eating away at the surface of motor vehicles, damaging glass and killing wildlife and vegetation — all of which residents say happened in the “fallout zone,” the area. stretching a mile or more in each direction from the race. Gas, acid and particulates contaminated with gas or acid are vented through a stack located on a concrete tower at the north end of the plant.

“In Iowa, when you live in a community this size, you accept it because it’s agriculture,” said Jeff Ostendorf, a Jefferson rancher who works at MicroSoy Corp., a soy-based food additive maker located across the street from SoyChlor . “This is different.

Bonnie Burkhardt lives south of SoyChlor, across the street. One day last week, she flipped through notebooks and three-ring binders in which she carefully tracked communications about the dispute with public officials, company officials and others in the community.

One notebook detailed the potentially harmful effects of the toxic substances used by SoyChlor, along with reports from doctors who treated Burkhardt and others who say they have suffered health problems this year.

Formerly lively children now sleep too much and quickly run out of energy, families say. Colton Conroy, 15, pushes over 6 feet tall, breathed easily and started losing weight, his mother said. Adults with breathing problems, including Norma Gross and Ron Lawton, said they got better with medical treatment, but now say they’ve gotten worse.

Last year, Gross was doing well despite a chronic lung disease. But after opening SoyChlor, she quickly lost her footing and struggled to breathe. Her doctors at University Hospitals in Iowa City, where she is participating in a research project, urged her to move out, she said. But she is a lifelong resident and she and her husband raised 10 children here. Gross doesn’t want to live anywhere else.

For Gross and Burkhardt, the decline in wildlife is also alarming. Gone are the pigeons that sat in the tall grain bins north of the SoyChlor plant, they said. Gone are the bluebirds, cardinals, goldfinches and other birds that sat at the numerous feeders in Gross’s backyard. She hadn’t seen a bird in weeks.

“It was like all of a sudden there were no birds, not even sparrows,” said Gross, who lives in a tidy trailer park within a mile of the plant.

In addition, stains have appeared on the surface treatment of vehicles and on the siding of houses and other buildings, even on mailboxes.

Jefferson residents said insurer West Central hired a Florida firm to clean vehicles affected by the emissions. They also said the insurer offered checks of up to several hundred dollars to residents making property damage claims, although recipients were required to sign a form releasing the co-op and its affiliates from further claims.

Burkhardt said she first noticed something was wrong when her skin burned while working in a flower garden. It eventually drove her inside where she showered to stop the burning. That was last spring after she spent a few months in Florida with her husband, Chuck.

At the same time, Arletta Tasler and her husband returned from a winter in Texas. Both developed coughs that lasted for months, they said. Tasler said she sometimes coughed so hard she threw up.

Like Burkhardt, the Taslers had no idea of ​​the cause.

Burkhardt and her friend Diane Conroy talked to neighbors and people working at nearby businesses. They found dozens of people reporting similar symptoms within a mile of Burkhardt’s home. They first noticed a strange smell, like the smell of a bag of empty beer cans that had been left out in the hot sun all day, Conroy said.

Then came the health problems. Then stains on vehicles and buildings. Then the film on the windows and windshields that scrubbing couldn’t remove. And some noticed that their glasses were messed up.

Women searched the Internet for information about SoyChlor and the chemicals it used.

The more they learned, the more convinced they were that SoyChlor was the culprit.

“If you get sidetracked, if it’s stupid, think what it does to your lungs,” said Tásler, who lives with her husband, Shorty, 49, on a farm just east of the plant, where they have raised eight children.

Burkhardt, Conroy, and others contacted the city’s sanitation chief, a nurse, and the editor of the local newspaper. They began contacting the government—environmental and safety regulators, U.S. senators from Iowa, even the White House.

Conroy and her husband, Jeb Ball, contacted their attorney in Des Moines. He referred them to George LaMarco, another Des Moines attorney. LaMarca knew how deadly hydrogen chloride could be. The gas neutralized some of the victims in Des Moines’ deadliest fire ever, which engulfed the Younkers store in the Merle Hay Mall on November 5, 1978. LaMarca represented the surviving victims in lawsuits that lasted years and eventually resulted in a lawsuit. undisclosed settlement for plaintiff.

He has only five words for the team: “We want the race closed.”

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