The Buffalo River Watershed Alliance has filed a formal complaint with the Arkansas Department of Environmental Quality, alleging that C&H Hog Farms in Mount Judea has violated the terms of its permit.
The alliance cites University of Arkansas System Division of Agriculture quarterly reports on conditions surrounding the facility as evidence that it is contributing to higher levels of E. coli and nitrate in Big Creek, a Buffalo National River tributary on which the facility sits.
Alliance President Gordon Watkins said the hog facility's permit is a no-discharge permit, meaning any discharges not connected to a significant storm would be a violation of its permit. The complaint suggests that the higher levels are evidence that hog waste is either leaking through the karst terrain or that runoff from waste applied as manure is making its way into the creek.
But lead researcher Andrew Sharpley said that although E. coli and nitrate levels near the facility have increased, such levels vary seasonally and can be affected by rain. Further, he said, the source of pollution could be a something other than the facility, such as a faulty septic tank.
He said his team is studying the increases but that they had not concluded the source yet.
"It's higher but it's impossible to say what that might be caused by," he said. "We are looking further into that."
Sharpley said it was premature to say whether the levels were a problem and mentioned that E. coli levels have been elevated before, including before the facility was built.
"I'm not going to say there is a problem and it turns out there isn't a problem," he said, adding that his credibility could be hurt by such an event.
The complaint notes higher levels of E. coli in the House Well, a private water well used for consumption by hogs and humans.
Watkins said the well had a filter on it and noted that private wells are not regulated, but he said any amount of E. coli would be considered harmful to drink by state and federal standards for public drinking water.
"I would encourage them to determine that source," Watkins said. "There are ways to find out."
Watkins noted tests that can be used to detect both E. coli and nitrate sources.
"Whether we're right or wrong we feel like ADEQ needs to investigate and look at the data and make their own determination," he said.
Katherine Benenati, a spokesman with the department, said officials had received the complaint and were still in the process of reviewing it.
A voice mail left Thursday afternoon with C&H co-owner Jason Henson was not immediately returned.
The alliance complained previously to the Environmental Quality Department -- on Feb. 8, 2014 -- along with the Arkansas Canoe Club, National Parks Conservation Association and Ozark Society. The complaint was filed by Earthjustice, a national environmental law group.
That complaint requested that the department reopen the facility's permitting process, citing taxpayer interest and "misrepresentations" by C&H Hog Farms regarding its operations.
C&H Hog Farms is a large-scale swine facility permitted to house 2,503 sows and 4,000 piglets. The facility has been the target of environmental groups for more than two years since receiving an expedited permit to operate from the Environmental Quality Department.
In 2014, the Buffalo National River -- the country's first national river -- had more than 1.3 million visitors who spent about $56.5 million at area businesses, according to National Park Service data.
Metro on 08/14/2015