Arkansas hog farm continues battle for permit

LITTLE ROCK (AP) — An attorney for an Arkansas hog farm accused of posing a pollution risk to the Buffalo National River is arguing that environmental officials didn't sufficiently inform his clients and the public about the state's permitting process or decision-making.

But attorneys for the Arkansas Department of Environmental Quality said the state didn't have to provide more information to C&H Hog Farms, which operates near Mount Judea, along where Big Creek feeds into the river.

The department has filed a motion to dismiss C&H's appeal over being denied a new operating permit, the Arkansas DemocratGazette reported.

The farm applied last month for a Regulation 6 individual permit, which allows wastewater discharge under federal regulations implemented by the state Department of Environmental Quality, after its previous permit expired and was discontinued.

The move came after the department denied a separate permit application in January.

C&H has filed a request for partial summary judgment.

The hog farm said it still has an active federal permit and alleges the department failed to seek public comment on its denial of the permit.

C&H attorney Chuck Nestrud argued Monday that the department should have sent out a public notice of intent to deny the farmer's permit before issuing its final denial decision.

Department attorney Stacie Wassell contended that the department issued a draft permit decision to the public before accepting the public comments that changed the department's stance.

She said nothing in the department's regulations say it needs to issue a second draft permit decision.

The Arkansas Pollution Control and Ecology Commission's administrative law judge is expected to issue his ruling in the coming weeks.