If the allegations in a lawsuit are found to be fact, residents downwind of a controversial meat packing plant between Washington and Goldsby could be breathing sweeter air.

Goldsby Investment Co., LLC owns the plant and the 10 acres on which it is located.

The investment company filed the lawsuit in McClain County District Court, naming as defendants the former tenant,   Goldsby Meat Co., LLC and the present operator, Harker Meats LLC.

According to the lawsuit, Goldsby Meat Co., leased the plant on Sept. 1, 2018. The lease agreement provided if the company abandoned the site more than 24 hours, the lease would be terminated.

The lawsuit alleges Goldsby Meat Co., left the premises around Nov., 10, 2021, at which time Harker Meat Co., moved in and began operations.

That violated a clause in the lease forbidding any sublet of the plant without the investment company’s consent.

The investment company had acquired a permit from the Oklahoma Department of Environmental Quality on May 16, 2016 and the permit was in good standing when Goldsby Meat Co., leased the plant.

However, according to the lawsuit, Goldsby Meat Co., let the permit expire in 2021.

When multiple citizens complained about Harker Meats Co., this spring, the DEQ inspected the plant and determined Harker Meats increased water usage to around 40,000 gallons a week and was using, without a permit, two surface impoundments and one subsurface.

The DEQ reported a stream of blood was flowing from the facility to the ditch along State Highway 74.

Further, there was a large amount of solids and vegetation in one of the impoundments.

As a result of the inspection, DEQ fined the investment company for “unpermitted wastewater discharge and maintenance violations,” according to the lawsuit.

Despite this, Harker Meats continues to operate both unpermitted impoundments, the lawsuit states.

During a subsequent June 9 visit by DEQ, unpermitted discharge was observed flowing into a neighboring pond.

The lawsuit asks for an injunction barring the meat companies from operating a slaughtering and processing business at the plant.

In a related small claims filing, the investment company  reports it gave Goldsby Meat Co., three written notices terminating the lease when rent went unpaid from April 1, 2019 until Nov. 30, 2020.

In addition, the action alleges  the meat company failed to comply with USDA for an “egregious incident of inhumane handling.” The meat company also failed to provide the investment company with proof of liability insurance, a requirement of the lease.