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January 3, 2011

Lawsuit Alleges Environmental Damagefrom Manure Release

(DES MOINES, Iowa) Attorney General Tom Miller last week filed suit against Callaway Farms, Inc. for water pollution and manure management violations at the Calloway swine finishing operations in eastern Hamilton County, near Radcliffe (Radcliffe is in Hardin County).

The lawsuit, filed Thursday on behalf of the Iowa Department of Natural Resources (DNR), alleges that from August 24-27, 2009, Callaway Farms failed to retain hog manure which illegally discharged into the New York Branch of Tipton Creek.  The manure release caused discoloration of the stream water, a strong manure odor, scum and toxic conditions resulting in a fish kill.  The fish kill was observed by a researcher with St. Cloud State University, who was conducting a stream study during the pollution event.  The petition further alleges that Callaway Farms failed to timely notify the DNR of the release.

The State seeks the assessment of civil penalties and an injunction against further violations.

Callaway Farms was previously the subject of an administrative order issued by the DNR in 1996 for manure application resulting in the killing of more than 46,000 fish in Tipton Creek. 

Callaway Farms, Inc. is a Georgia corporation with its principal place of business in Rayle, Georgia.

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