Executive Summary

Report

Feedlot Dust
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Recommendations

Feedlots can control dust plumes by spraying water from a water truck over the pens. And while sprinkling over feedlots on a regular basis may reduce dust emissions by at least half, (1) the procedure is only as good as its implementation. After years of negotiation over the water needed to adequately reduce fecal dust from Palo Duro Feeders in Hansford County in the High Plains, the Bergin family moved from its homestead of more than 100 years when two year old David Bergin developed severe respiratory problems.

Palo Duro Feeders opened in 1965 as a locally owned feedlot and operated with no complaints from nearby residents for almost two decades. (2) However, the Bergin family's trouble began when the Texas Beef Group purchased the 19,000 head capacity feedlot in 1982. Over the next five years, the new operators illegally expanded operations to 32,000 head without getting an air permit and the Bergin family and others began complaining about the nuisance dust and odor. (3) These complaints led to an investigation by the Texas Air Control Board (TACB--later a part of TNRCC). In March 1991, TACB found Palo Duro Feeders had expanded without a permit in clear violation of the Texas Health and Safety Code. (4) By this time nearby residents were already beginning to suffer physically from the nuisance dust emitted by the expanded facility. Mrs. Bergin developed chronic sinus and respiratory problems due to the feedlot dust and by 1991 had spent at least six months under doctor's care for her ailments. (5)

In May 1991, the company finally applied for an air permit to operate at its current 32,000 head capacity. As part of its permit application, the company calculated that it should apply 180,000 gallons of water daily to the lot from two tank trucks to keep the dust down. (6) But the Bergins and several neighboring families asked TACB to deny the permit and asked for a contested case hearing to investigate the company's dust control procedures.(7) However, through negotiations with TACB and the neighbors, the company promised to pump the necessary water to control the dust and the families withdrew their protest. (8)

In March 1992, TACB issued a permit to the feedlot to operate at a maximum capacity of 32,000 head, with a special provision calling for sprinkling of the lot to control dust. (9) Although the lot purchased equipment, it did not consistently water the yard as promised.

In February 1995, David Bergin again wrote the company about the effects of the dust on his family's health, but the problem continued. (10) According to well data for 1995 obtained by an attorney for the Bergin family, the lot did not pump any water from April 17 through May 10, although rainfall was light (less than an inch for the month). (11) On May 3, 1995, two year old John David Bergin was admitted to the hospital for respiratory problems and later that day he was air-lifted to Northwest Texas Hospital in Amarillo in severe respiratory distress. (12)

That same day the owners of Palo Duro Feeders filed a lawsuit against the Bergin family, claiming that Texas' "Right to Farm Act" precluded the family from seeking damages from the feedlot and asking the court to bar the Bergins from suing them for nuisance conditions. (13) And within days the company also asked TNRCC to further expand its permitted feedlot capacity to 37,000 head, against continued opposition from local residents. (14)

No longer willing to risk the lives of his family members, in June 1995, David Bergin moved his family away from their homestead, (15) while the dust plumes continued through the summer months. TNRCC's air program inspector confirmed a dust problem on July 14 and again on September 13, 1995, and recommended that the agency issue a notice of violation to the company because they were not applying enough water to affect the dust. (16)

"My family had lived in that Valley for over 100 years," said T.J. Bergin, the young boy's grandfather, "and we looked forward to completing 200 years. This turned out not to be an option if we wanted little John David to survive-the David Bergin family must move to get away from the fecal dust emitted from Palo Duro Feeders." (17)

NOTES:

1 Carroll, J.J., J. R. Dunbar, R. L. Givens, et al., "Sprinkling for dust suppression in a cattle feedlot," California Agriculture (March 1974), pp. 12-13.

2 Stone, Nancy, "Bergin Family Mediation Brochure: TJ Bergin - Third Generation," May 1998.

3 Texas Air Control Board (TACB), Complaint Investigation Form, Complaint No. 029000029, February 7, 1990 ("Bergin Family Mediation Brochure: Exhibit 1"); TACB, Complaint Investigation Form, Complaint No. 029100031, March 11, 1991 ("Bergin Family Mediation Brochure: Exhibit 2").

4 Letter to Dwayne Thompson, Manager, Palo Duro Feedyard, from TACB, re: Notice of Violation, Feedlot Expansion, Palo Duro Feedyard, March 27, 1991. ("Bergin Family Mediation Brochure: Exhibit 3").

5 Letter from Dr. Romeo B. Sangalang, re: Erin Bergin, January 18, 1991.

6 Letter to Dwayne Thompson, Palo Duro Feedyard, from TACB, March 27, 1991; Palo Duro Feeders Permit Application to the Texas Air Control Board, May 9, 1991.

7 Letter to Gerald Hudson, Texas Air Control Board, from David W. Bergin, July 14, 1991 and attached petition from neighboring families ("Bergin Family Mediation Brochure: Exhibit 5").

8 Texas Air Control Board (TACB) Memorandum from Debra Barber, Director, Enforcement and Field Operations, re: Palo Duro Feeders (Acct. No. HD-0036-F), September 26, 1991("Bergin Family Mediation Brochure: Exhibit 7"); Letter to Mark Gibbs, TACB, from Craig Clyburn, Palo Duro Feedyard, November 1, 1991 ("Bergin Family Mediation Brochure: Exhibit 7A"); Letter to Gerald Hudson, TACB, from David Bergin, January 10, 1992 ("Bergin Family Mediation Brochure: Exhibit 8").

9 Letter to David Bergin from Steve Spaw, Executive Director, TACB, re: Permit No. 20822, Palo Duro Feeders, March 18, 1992 ("Bergin Family Mediation Brochure: Exhibit 9"); TACB, Air Permit No. 20822 for Palo Duro Feeders, March 18, 1992 ("Bergin Family Mediation Brochure: Exhibit 10").

10 Letter to W. H. O'Brian, Texas Beef Group, from David Bergin, February 20, 1995 (Bergin Family Mediation Brochure: Exhibit 12).

11 Palo Duro Feedyard Well Pumping Report for January 16, 1995 through July 26, 1995; Palo Duro Feedyard Weather Report Listing, November 13, 1997 for period April 3, 1995 through May 17, 1995.

12 Letter from S. Shawn Stephens to Rick Costa, TNRCC Air Program Manager, RE: Palo Duro Feeders, May 11, 1995; David W. Bergin and Erin Bergin v. Texas Beef Group, Case No. 4102 (84th Judicial District Court, Hansford Co., Texas), Plaintiff's Original Petition (June 8, 1995).

13 Texas Beef Group v. Bergin, Case No. 41, 330-C (21st Judicial District Court, Randall Co. Texas), Plaintiff's Original Petition for Declaratory Judgment (May 4, 1995); Texas Beef Group v. Bergin, Case No. 41, 330-C (21st Judicial District Court, Randall Co. Texas), Citation (May 4, 1995); Texas Beef Group v. Bergin, Case No. 41, 330-C (21st Judicial District Court, Randall Co. Texas), Plaintiff's First Amended Petition for Declaratory Judgment (September 28, 1995). As of the date of publication of this report, the action against the Bergins is still pending in court.

14 Letter to Gary Wallin, TNRCC, from Brad Wieck, Enviro-Ag Engineering, re: Palo Duro Feeders Air Quality Permit #C-20822, May 9, 1995; Affidavit of Ed Rafferty in Opposition to Revised Application of Palo Duro Feedyard, February 12, 1996.

15 Bergin, T.J., "Saga of Fecal Dust from Palo Duro Feedlot: as experienced by T.J. Bergin," in: Stone, Nancy, "Bergin Family Mediation Brochure," May 1998.

16 Complaint investigation #054236A, July 4, 1995 and Complaint Investigation #058536A, September 13, 1995.

17 Bergin, T.J., "Saga", May 1998.