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Oklahoma reaches settlement with poultry company

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Barbara Hoberock
(Oklahoma Voice)

Oklahoma has reached a settlement with one of the poultry companies it successfully sued over pollution in the Illinois River Watershed.

Oklahoma Attorney General Gentner Drummond on Wednesday announced the settlement with George’s, Inc.

George’s, Inc., a company headquartered in Springdale, Arkansas, committed to remove poultry litter from the watershed over seven years and reduce the remaining amount.

The company agreed to pay $5 million to the state for remediation and conservation projects and attorney fees. It will also pay a special master $250,000 to monitor compliance.

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Map of the state of Oklahoma, showing portions of surrounding states
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The company also agreed that poultry litter removed from the watershed will not be applied to land in any other nutrient-sensitive watersheds in Oklahoma.

In exchange, the state released all claims against the company.

“This settlement demonstrates that fair, good-faith negotiations can produce outcomes that serve everyone’s interests – protecting Oklahoma’s water resources while respecting the economic realities facing our agricultural partners,” Drummond said. “George’s willingness to come to the table and work toward meaningful remediation, rather than prolonged litigation, reflects the kind of responsible corporate citizenship I hope to see from all parties in this case.”

George’s could not be reached for comment Wednesday.

Last month, a federal judge issued a judgment holding seven large poultry companies jointly responsible and requiring them to pay for decades of cleanup along the Illinois River Watershed. The judge also imposed strict restrictions on poultry waste application.

The settlement announced Wednesday does not affect ongoing proceedings with the other defendants: Tyson, Cobb Vantress, Cargill, Simmons, Peterson Farms and Cal-Maine.

“I remain committed to working with all parties to achieve comprehensive solutions for the Illinois River Watershed while preserving the economic vitality of Oklahoma’s poultry producers,” Drummond said.

In 2005, former Oklahoma Attorney General Drew Edmondson sued the companies, alleging the excessive spreading of poultry litter as fertilizer had degraded the watershed, which runs through Eastern Oklahoma and the Northwest Ozark Mountains in Arkansas.

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Edmondson said Wednesday that George’s should be entitled to a break because they were the first to settle, which deserves an incentive.

“There is a significant amount they are going to pay in for restoration of the watershed and there is also an amount that they are going to pay toward a special master,” Edmondson said. “Those are good things.”

But Edmondson said he is concerned that the company will be able to walk away after seven years, unless that time frame is extended by mutual consent.

“I find that a little dangerous,” Edmondson said.

Edmondson said George’s settlement should incentivize the other companies to settle, “but I’ll be surprised if it does.”

The settlement only affects one grower, said Governor Kevin Stitt, adding that he is concerned for all of the others.

He said he was renewing his call for Drummond to seek a stay from the federal court order and continue settlement discussions that include his Secretary of Agriculture and Secretary of Environment.

Edmondson said a map of the impacted area shows that it is nutrient impaired or nutrient sensitive.

“There’s unusual algae growth,” Edmondson said. “The biosphere of the water has been changed. The fish that can survive are different.”

It is no longer as attractive of a watershed as it was in the past, Edmondson said.

The poultry industry has become a “sacred chicken,” rather than a sacred cow, he said.

“Legislatively and administratively, we have violated our own act, we the people, by allowing that to happen,” Edmondson said. “And the worst player in the watershed has been poultry.”