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Animal Feeding Operations - Compliance & Enforcement: Enforcement Cases 2000

Animal Feeding Operations Highlights

Compliance Information

EPA Enforcement Cases 2009 through Present

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EPA Enforcement Cases 2002 through 2006

EPA Enforcement Cases 2001

EPA Enforcement Cases 2000

EPA Enforcement Cases 1999

EPA Enforcement Cases 1998 and 1997

March 3, 2000

California Dairyman Indicted for Water Pollution
The owner and operator of the Avis Dairy in Elk Grove, Calif., was indicted on Feb. 24 for illegally discharging wastewater in violation of the Clean Water Act. The indictment alleges that the defendant discharged animal waste containing urine, feces and wash water that flowed from the dairy into a drain that leads to Stone Lake and the Sacramento River. The discharges occurred on five occasions from January 1995 through February 1999. Dairy waste in surface waters can cause intestinal and other infections in people and can also be harmful to aquatic organisms and wildlife. The owner of the farm faces a maximum penalty of 15 years in prison and a $1.25 million fine. This investigation was conducted by EPA's Criminal Investigation Division and the state of California Regional Water Quality Control Board. The case is being prosecuted by the U.S. Attorney's Office in Fresno.

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March 14, 2000

EPA Settles Wetlands Complaint Against Lehigh County Turkey Farm
Jaindl Turkey Farms and its vice president will pay a $3,300 penalty, restore protected wetlands, and plant 150 trees to settle an EPA complaint over alleged Clean Water Act violations at the Orefield, Pa. farm.

In the administrative complaint issued Feb. 9, 1999, EPA alleged that the owner of the turkey farm unlawfully filled in three acres of wetlands at the Lehigh County farm in the fall of 1998 without a required permit from the Army Corps of Engineers.

Under the settlement, Jaindl Turkey Farms agreed to pay the penalty, fully restore the wetlands at issue, and complete a $21,000 "supplemental environmental project." This project will establish a buffer strip of grasses and 150 trees along Jordan Creek. The vegetative strip will help stabilize the creek's banks and reduce silt runoff into the waterway. The deciduous and coniferous trees will also provide a canopy cover for the creek, limiting high water temperatures that are detrimental to trout and other native fish populations.

"Today's settlement shows that we take protecting our ecologically vital wetlands seriously. Pennsylvanians rightfully demand that we fairly and vigorously enforce the laws to protect our dwindling wetlands," said EPA Regional Administrator Bradley M. Campbell.

America's wetlands are a critical habitat for waterfowl, amphibians, and hundreds of plant species. Wetlands serve other vital ecological and economic functions – including natural water filtration, food control, reduction of fish-killing weed growth and algae blooms. Under the Clean Water Act, a U.S. Army Corps of Engineers permit is required before dredged or fill material may be discharged into wetlands areas. The permit requirement is designed to minimize the destruction of wetlands. Permit applicants must show the steps they have taken to avoid destroying wetlands, and to compensate for unavoidable impacts through restoration or creation of wetlands.

Jaindl Turkey Farms neither admitted nor denied liability for the alleged violations in the settlement papers.

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April 19, 2000

EPA Issues Order and Files Complaint Against in Woodburn, Oregon
On April 19, 2000, as part of an ongoing initiative to protect Oregon's water quality, the U.S. Environmental Protection Agency issued a Compliance Order and an $11,000 Civil Complaint against an Oregon dairy farm. The order and complaint allege that the Coelho Dairy, 18624 Arbor Grove Road, Woodburn, disposed of manure-laden waste into Case Creek, which is a tributary to the Willamette River.

In January 2000, EPA conducted an inspection at the dairy and observed manure-laden wastewater from the dairy running into Case Creek. Such improper waste disposal practices and subsequent pollution are violations of the Clean Water Act. 

According to Bub Loiselle, manager of EPA's water permit compliance unit in Seattle, diligently protecting water quality should be the foundation of every dairy operation.

"Dairymen and farmers -- perhaps better than others -- recognize the true value of clean water," said Loiselle. "Serving orders and issuing penalties does help to protect water quality, but it's also a matter of fairness. When other dairies are doing a good job managing their waste and going the extra mile to protect human health and the environment, it's only fair that EPA and the Oregon Department of Agriculture work hard to make sure that there's a level playing field through vigilant enforcement."

Dairy waste can contain a host of harmful bacteria and viruses including E.Coli and salmonella. It can also carry the potentially lethal cryptosporidium parasite and other microorganisms, which can cause illnesses such as gastroenteritis, fever, kidney failure, and even death. Dairy waste is also typically high in nutrients that can cause decreased oxygen levels in the receiving water. These decreased oxygen levels can adversely impact many species of fish, especially trout and salmon, both during their developmental stages and at maturity.

EPA's dairy inspections are part of a cooperative effort with the Oregon Department of Agriculture to bring the state's controlled animal feeding operations (CAFOs) into compliance with state and federal safe drinking water and clean water standards.

In addition to the proposed penalty in the complaint, EPA's order requires the respondent to:

  1. Immediately cease all discharges of pollutants to navigable waters that originate from the facility including, but not limited to, discharges related to land application, confinement areas, silage piles, or waste storage ponds.

  2. Conduct daily visual monitoring of all potential sources of pollutant discharges to navigable waters that originate from the facility, including fields subject to land application of wastes, confinement areas, silage piles, and waste storage ponds.

  3. Develop a monitoring log and maintain the monitoring records at the farm for at least 3 years.

The Coehlo dairy had 30 days from receipt of the complaint to respond to EPA, either by paying the proposed penalty in full, or by directly admitting, denying, or explaining each of the factual allegations contained in this Complaint. They also had the option to arrange for an informal settlement conference with EPA.

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June 20, 2000

Dairy in Tillamook County, Oregon, Faces Penalty
A Tillamook County dairy in Oregon has been issued a U.S. Environmental Protection Agency complaint seeking $11,000 in civil penalties because agency inspectors discovered manure-laden wastes entering nearby drainage ditch that connects to Hoquarten Slough, and ultimately to Tillamook Bay.

The owner of Misty Meadows Dairy in Tillamook is named in the complaint, where the EPA inspectors in February observed wastes flowing from the dairy into the ditch that flows into Hoquarten Slough.

The complaint against the owner was announced June 20, 2000, by Bub Loiselle, manager of the water compliance unit at EPA's Northwest regional headquarters in Seattle.

"A dairy this size produces three times as much waste as the entire city of Tillamook," Loiselle said. "Hoquarten Slough and Tillamook Bay are already heavily distressed by nutrient loadings from all sorts of agricultural activities, when it comes to animal wastes, the impacts on water quality can be severe."

Dairy waste typically contains large amounts of nutrients and other organic material that can degrade water quality and harm wildlife. The wastes can also contain E. coli and salmonella bacteria, plus other health-threatening microorganisms -- for example, the cryptosporidium parasite that can seriously affect human health and can cause death. Tillamook Bay's shellfish beds have been closed during heavy rains due to elevated bacteria levels.

The owner had 30 days from the date he received the complaint to challenge the penalty or to contest the EPA allegations. The complaint was accompanied by a compliance order that directs the dairy to cease all discharges immediately, to conduct daily monitoring to make sure no discharge takes place, and -- if a discharge were to occur -- to make prompt reports to EPA about what happened.

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July 10, 2000

North Carolina Hog Farm Agrees To Comply With Emergency Order
EPA announced on July 21, 2000, that Barefoot Farms, Inc., a large hog farm in Four Oaks, Johnson County, NC, is cooperating with an Emergency Administrative Order issued to it.

The order was issued by EPA, in accordance with Section 1431 of the Safe Drinking Water Act (SDWA), to address nitrate contamination of the private wells of two adjacent residences. The contamination may present an imminent and substantial threat to human health and the environment. Nitrate contamination in the groundwater at the facility and vicinity will continue to threaten human health until the source of contamination is removed and the site is remediated or until a permanent alternative source of water is provided.

The order requires Barefoot Farms, Inc. to:

  1. Provide alternate water to residences with contaminated wells immediately.

  2. Conduct additional sampling of nearby wells to determine potential impacts from the facility (extent of plume, other contaminated wells) and provide a long-term permanent remedy, as appropriate.

Barefoot Farms, Inc. is located on Highway 701 South in Four Oaks on approximately 10 acres. The swine facility has been operating since at least 1993 and was incorporated under the current owner in 1996. During this time, the facility has operated a waste lagoon and spray irrigation disposal system for the purpose of disposal of wastes generated by swine.

Drinking water with high concentrations of nitrates can cause serious illness and death in infants under 6 months of age from a condition known as "blue baby syndrome." For adults and children, too much nitrate reduces the capacity of blood to carry oxygen, turning skin blue, causing shortness of breath, and depriving the brain of oxygen, which impairs metabolism, thinking and other bodily functions. These symptoms can develop rapidly in infants. 

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August 24, 2000

California Dairy Owner Pleads Guilty to Polluting Creek
A dairy owner in Acampo, California, pleaded guilty on August, 8, 2000, in U.S. District Court in Sacramento, to violating the Clean Water Act by unlawfully discharging cattle waste into Gill Creek from his 600-cow dairy. The plea agreement calls for Silva to spend 6 months in home detention and pay a $50,000 fine. The agreement also requires the defendant to prevent future discharges by increasing the size of his dairy's waste retention pond, cleaning the existing pond, and creating stormwater diversion and tailwater systems.

The case was investigated by EPA's Criminal Investigation Division, the California Department of Fish and Game, the San Joaquin District Attorney's Office and the Dairy Task Force. It was prosecuted by the U.S. Attorney's Office in Sacramento.

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September 5, 2000

Cattle in Oregon's Wallowa River Prompts EPA Penalty Action
WS Ranches, Inc. of Wallowa, Oregon, has been issued a U.S. Environmental Protection Agency administrative penalty action alleging that feedlot wastes were allowed to enter the Wallowa River in violation of the federal Clean Water Act.

The complaint, seeking a penalty of $50,000, was announced on September 5, 2000, by Bub Loiselle, manager of the water compliance unit at EPA's Northwest regional headquarters in Seattle. "EPA inspectors found that the operators were not doing all that the law requires to keep feedlot waste out of Oregon's rivers and streams," Loiselle said. 

When the ranch was viewed from the air on March 3 and at a site inspection on March 15, EPA inspectors observed cattle coming in direct contact with the Wallowa River and an adjoining spring irrigation ditch, according to the complaint. Samples of the manure-laden waste contained significant levels of both fecal coliform and Escherichia coli (E. Coli) bacteria. These and other associated microorganisms can cause gastroenteritis, severe fever, and, in the most serious cases, kidney failure or even death.

WS Ranches, Inc. is required under the compliance order to stop all discharges of waste from the facility and check daily for any discharge; if one is observed, samples must be taken and analyzed by a laboratory for fecal coliforms. Also, EPA must be notified and steps must be taken by WS Ranches to prevent such discharges from happening again.

WS Ranches, Inc. had 30 days from the date they received the complaint to challenge the penalties EPA proposed and to contest EPA's allegations.

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September 19, 2000

Complaint Filed Against Idaho Ranches for Alleged Clean Water Act Violations
As part of an ongoing initiative to protect Idaho's water quality, EPA issued on September 19, 2000, a Compliance Order and a $40,000 Civil Complaint against a central Idaho cattle ranch. The order and complaint allege that Heckman Ranches, Inc. and Heckman Cattle Company's White Bird Creek Facility disposed of manure-laden waste into White Bird and Price Creeks, which are tributaries to the Salmon River. In March 2000, EPA conducted an inspection at the facility and observed animal wastes and other pollutants being discharged into the creeks. Such improper waste disposal practices and subsequent pollution are violations of the Clean Water Act.

In a related matter, on August 31, 2000, EPA designated the Heckman Companies' Salmon River facility as a concentrated animal feeding operation and a "significant contributor of pollutants." The facility, which holds cattle, but less than generally targeted for inspection under the Clean Water Act, has received numerous citizen complaints over the past 3 years. The designation could subject the Salmon River facility to Clean Water enforcement for any future discharges of animal waste to the Salmon River.

Cattle waste can contain a host of harmful bacteria and viruses including E.coli and salmonella. It can also carry the potentially lethal cryptosporidium parasite and other microorganisms, which can cause illnesses such as gastroenteritis, fever, kidney failure, and even death. Cattle waste is also typically high in nutrients that can cause decreased oxygen levels in the receiving water. These decreased oxygen levels can adversely impact many species of fish, especially trout, both during their developmental stages and at maturity.

The Heckman Companies had 30 days from receipt of the complaint to respond to EPA, either by paying the proposed penalty in full, or by directly admitting, denying, or explaining each of the factual allegations contained in this complaint. They also had the option to arrange for an informal settlement conference with EPA.

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October 25, 2000

Oregon Dairy Faces Clean Water Act Violations
As part of an ongoing initiative to protect Oregon's water quality, EPA issued on October 25 , 2000, a Compliance Order and an $11,000 Civil Complaint against an Oregon dairy farm. The order and complaint alleged that the Rieder Dairy, of Albany, disposed of manure-laden waste into a McCarthy Slough drainage ditch. McCarthy Slough flows to the Willamette River.

In January, 2000, EPA conducted an inspection at the dairy and observed manure-laden wastewater from the dairy running into the ditch. Such improper waste disposal practices and subsequent pollution are violations of the Clean Water Act.

Dairy waste can contain a host of harmful bacteria and viruses, including E.Coli and salmonella. It can also carry the potentially lethal cryptosporidium parasite and other microorganisms, which can cause illnesses such as gastroenteritis, fever, kidney failure, and even death. Dairy waste is also typically high in nutrients that can cause decreased oxygen levels in the receiving water. These decreased oxygen levels can adversely impact many species of fish, especially trout and salmon, both during their developmental stages and at maturity.

EPA's dairy inspections are part of a cooperative effort with the Oregon Department of Agriculture to bring the state's controlled animal feeding operations (CAFOs) into compliance with state and federal safe drinking water and clean water standards.

In addition to the proposed penalty in the complaint, EPA's order requires the respondent to:

  1. Immediately cease all discharges of pollutants to navigable waters that originate from the facility including, but not limited to, discharges related to land application, confinement areas, silage piles, or waste storage ponds.

  2. Conduct daily visual monitoring of all potential sources of pollutant discharges to navigable waters that originate from the facility, including fields subject to land application of wastes, confinement areas, silage piles, and waste storage ponds.

  3. Develop a monitoring log and maintain the monitoring records at the farm for at least 3 years.

The dairy had 30 days from receipt of the complaint to respond to EPA, either by paying the proposed penalty in full, or by directly admitting, denying, or explaining each of the factual allegations contained in this Complaint. They also had the option to arrange for an informal settlement conference with EPA.

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December 8, 2000

Minnesota Man Pleads Guilty to Clean Water Act Violation
A resident of Spring Grove, Minn., pleaded guilty on Dec. 1, in U.S. District Court for the District of Minnesota in St. Paul to violating the Clean Water Act. The man, who operates an animal feeding operation in Houston County, dumped approximately 150,000 gallons of manure/water mixture into the Duck Creek and Waterloo Creek. He did not have a permit from EPA or from the state of Minnesota for the release. The introduction of animal wastes into surface waters without a permit can lead to high concentrations of fecal coliform bacteria and pathogens which can harm fish and wildlife that depend upon the river and make the waters unsuitable for drinking and recreational use by people due to the risk of infection. Approximately 1,600 fish were killed in both creeks as a result of this release. When sentenced, the man faces a maximum sentence of up to three years in prison and/or a fine of up to $50,000 per day of violation. The case was investigated by EPA's Criminal Investigation Division and is being prosecuted by the U.S. Attorney's Office in St. Paul.

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