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Animal Feeding Operations - Compliance & Enforcement: Enforcement Cases 2007 and 2008

Animal Feeding Operations Highlights

Compliance Information

EPA Enforcement Cases 2009 through Present

EPA Enforcement Cases 2007 and 2008

EPA Enforcement Cases 2002 through 2006

EPA Enforcement Cases 2001

EPA Enforcement Cases 2000

EPA Enforcement Cases 1999

EPA Enforcement Cases 1998 and 1997


September 29, 2008

EPA Requires Six Chino Dairies To Protect Water From Manure Waste
EPA is ordering six Chino, Calif.-area dairies to comply with California Regional Water Quality Control Board permit requirements. Through an administrative order, EPA is ordering Brothers Three Dairy, Quality Dairy, Jorritsma and Anema Dairy, Martin Vander Laan Dairy, TLC Sonlight Dairy #2 and Goyenetche Dairy #2, to comply with permit requirements which require that dairies prevent runoff or discharge from their operations to nearby waterways, such as the Santa Ana River.

“The EPA is citing these six Chino dairies for failing to comply with California’s dairy permit, which is designed to protect streams, rivers and groundwater from discharges of manure waste and other pollutants,” said Alexis Strauss of the Water Division, EPA Region 9. “We expect these dairies to promptly correct their violations and improve their environmental performance, which we will oversee until satisfactorily resolved.”

In April 2008, EPA and California Regional Water Quality Control Board’s Santa Ana Region personnel inspected the Chino-area dairies. Among the violations discovered:

These joint inspections are an ongoing focus of EPA Region 9 and the Regional Water Quality Control Board’s Santa Ana Region to ensure compliance with the dairy general permit, which helps to protect human health and the environment.

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September 3, 2008

EPA Orders Illinois Dairy To Stop Discharges, Apply for Permit
EPA Region 5 has ordered Mondt Dairy Farm in Aviston, Illinois to stop discharging stormwater and process wastewater, apply for a wastewater discharge permit from Illinois Environmental Protection Agency, and come into compliance with the Clean Water Act.

Mondt Dairy Farm is a medium-sized confined animal feeding operation (CAFO) with a capacity for 350 cows. EPA conducted a flyover and subsequent inspection of the dairy and found several violations of the Clean Water Act. EPA determined the need for a wastewater discharge permit and the installation of waste containment structures to prevent the discharge of process wastewater to Sugar Creek.

Stormwater run-off and production area discharges from CAFOs typically contain very high levels of nutrients and pathogens that can pose a threat to public health and harm aquatic life. The Clean Water Act requires CAFOs that discharge to obtain and comply with Clean Water Act permits.

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August 7, 2008

EPA Orders Texas Feeding Operation To Stop Discharge of Pollutants
EPA has issued a cease and desist administrative order to Mark Allen and Vernon Feeders in Vernon, Texas, for violations of the federal Clean Water Act. The cattle feeding operation, a non-permitted Concentrated Animal Feeding Operation (CAFO), is located in Vernon, off Highway 287, in Wilbarger County, Texas. The facility has been ordered to immediately stop all discharges of pollutants in storm water runoff from its animal confinement areas to Paradise Creek. The cattle feeding operation has been given 45 days to provide to EPA documentation that it has adequate capacity to contain all waste and process-generated wastewater plus storm water generated during a 25-year, 24-hour storm event. The facility has also been given 45 days to develop and implement a pollution prevention plan that includes procedures specifically designed to minimize the discharge of pollutants from its animal confinement areas.

In June 2008, EPA conducted an unannounced inspection of the facility. The inspection revealed that this facility is not properly designed, constructed, and operated to contain all waste and process-generated wastewater plus storm water runoff. The inspection also revealed an unauthorized discharge to Paradise Creek, a tributary of the Pease River. Paradise Creek flows about half-a-mile before it discharges to Pease River, which eventually discharges to the Red River.

Based on these findings, the owner and operator of the cattle feeding operation has been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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August 7, 2008

EPA Orders Texas Dairy To Stop Unauthorized Discharges
EPA has issued a cease and desist administrative order to Ray Hoffman, Jr. Dairy in Windthorst, Texas, for violations of the federal Clean Water Act. The dairy, an unpermitted Concentrated Animal Feeding Operation (CAFO), is located about five miles west of Windthorst, off Highway 25, about one-half mile south on Munchrath Road, in Archer County, Texas. The facility has been ordered to immediately stop all discharges of pollutants from its lagoon to waters of the United States. The dairy has been given 45 days to provide to EPA documentation that the facility has adequate lagoon capacity to contain all waste and process-generated wastewater plus storm water runoff during a 25-year, 24-hour storm event. The facility has also been given 45 days to develop and implement a pollution prevention plan that will include procedures for the proper utilization of nutrients generated by the dairy, proper disposal of dead animals and the proper maintenance of records, especially records documenting wastewater levels in the lagoon to minimize lagoon overflows.

In April 2008, EPA inspected the facility and determined that it did not have CAFO permit coverage. The inspection also revealed an unauthorized discharge from the dairy that entered an unnamed creek that traveled about one mile before entering Little Onion Creek. Little Onion Creek flows about three miles before it enters Onion Creek, which discharges into the Little Wichita River. The Little Wichita River flows about seven-and-one-half miles before discharging into Lake Arrowhead.

Based on these findings, the owner and operator of the dairy has been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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December 13, 2007

EPA Orders Texas Dairy To Stop Permit Violations
EPA has issued a cease and desist administrative order to Moo Town Dairy near Sulphur Springs, Texas, for violations of the Clean Water Act, including failure to properly design, operate, and maintain wastewater lagoons. The dairy, located about six miles southeast of Sulphur Springs, on the west side of County Road 2321, is a Concentrated Animal Feeding Operation (CAFO). The facility has been ordered to immediately correct all permit violations. It has been given 14 days to update its Pollution Prevention Plan, 30 days to follow proper animal carcass disposal requirements, and 30 days to lower the liquid levels in its wastewater lagoons to ensure adequate freeboard is available. The dairy has also been ordered to ensure all process-generated wastewater from its commodity barns and silage bunkers drain into the lagoons.

"EPA will continue to vigorously enforce our nation’s environmental laws through a strong enforcement program,” said EPA Regional Administrator Richard E. Greene. “This action is a reminder to those who own and operate animal feeding operations of their responsibility to protect public health and the environment.”

On October 10, 2007, an EPA inspector, along with representatives from the Texas Commission on Environmental Quality (TCEQ), conducted an on-site inspection in response to a citizen’s complaint. Numerous violations were found requiring compliance action. The dairy was also cited for sediment buildup in one lagoon and ordered to restore it to proper operating specifications and acquire proper certifications for lagoon design. Based on these findings, the owner and operator of the Moo Town Dairy has been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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October 29, 2007

Idaho Cattle Company Agrees To Pay $40,000 to Resolve Clean Water Act Violations
Bruneau Cattle Co. (Bruneau) has agreed to pay a $40,000 penalty to settle alleged Clean Water Act violations. According to EPA, the violations occurred at the Bruneau Cattle Company’s feedlot, located on Jack’s Creek Road in Owyhee County, near the town of Bruneau, Idaho.

The settlement resolves alleged Clean Water Act violations involving the discharge of runoff from the feedlot’s pens without permit coverage under the National Pollutant Discharge Elimination System (NPDES). Based on an NPDES inspection of the Bruneau facility in February of 2006, EPA determined that the Bruneau facility had been discharging wastewater into the South Side Canal numerous times in the last five years. The South Side Canal and Jack’s Creek flow into the C.J. Strike Reservoir, which flows into the Snake River. Bruneau has over 4000 head of cattle in its facility, yet it had no containment to prevent runoff of process wastewater.

According to Mike Bussell, EPA’s Director, Office of Compliance & Enforcement in Seattle, Concentrated Animal Feeding Operations (CAFOs) continue to be a leading source of water quality impairment in the United States. Consolidation trends in the livestock industry have resulted in larger-sized operations that generate about 500 million tons of manure annually. This is three times the amount of human waste produced in the US.”

“When CAFOs fail to take proper precautions, including obtaining necessary wastewater discharge permits, their manure laden runoff can pollute our rivers and streams and contribute to fish kills,” said Bussell. “CAFOs that discharge into our waterways are required to have permits under the Clean Water Act. This requirement has been on the books since the 1970’s -- so there’s no excuse for not complying with the law.”

In addition to paying a penalty, Bruneau has agreed to undertake various measures to ensure that wastewater is land applied at agronomic rates and is not discharged to surface waters. The NPDES permit program, established under the federal Clean Water Act, controls water pollution by regulating sources that discharge pollutants to waters in the United States.

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September 28, 2007

EPA Orders Five Illinois Feedlots To Stop Discharges to Nearby Streams
EPA Region 5 has ordered five Illinois feedlots to stop all unauthorized discharges of manure and wastewater and comply with the Clean Water Act. EPA also ordered several of the feedlots to apply to the Illinois Environmental Protection Agency for discharge permits under the National Pollutant Discharge Elimination System. EPA has not assessed penalties as part of these actions.

"EPA is ordering the feedlots to take action to prevent waste from entering nearby waterways," said EPA Acting Water Division Director Kevin Pierard. "When pollutants from livestock manure and other animal production waste discharge into waterways they can create a threat to public health and harm water resources."

The feedlots are located in northwest counties of the state in the Mississippi River watershed where impaired rivers and streams are common. EPA inspectors noticed that the facilities were not using management practices to prevent discharges of manure and other animal production waste. Manure and wastewater from animal feeding operations have the potential to contribute pollutants to the environment such as nitrogen and phosphorus, organic matter, sediments and pathogens. Stopping unauthorized discharges may require constructing larger storage structures, moving or redesigning the feedlots, or changing waste and material handling practices.

The facilities that received orders are:

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September 25, 2007

EPA Orders New Mexico Dairies Into Compliance With Clean Water Act
EPA has issued 11 administrative orders to dairies located in southeast New Mexico requiring them to keep proper records in their Pollution Prevention Plans indicating properly lined waste lagoons. The orders also require that animal waste generated at the dairies be properly handled and disposed of without causing any environmental harm. The dairies named in these orders are the Mountain View Dairy, Bright Star Dairy, Big Sky Dairy, Desert Land Dairy, Sunset Dairy, Buena Vista I Dairy, Gonzalez Dairy, Daybreak Dairy, River Valley Dairy, Dominguez Dairy, and D & J Dairy, all located between the cities of Las Cruces and Anthony, New Mexico.

“EPA will continue to vigorously enforce our nation’s environmental laws through effective compliance assistance and a strong enforcement program,” said EPA Regional Administrator Richard E. Greene. “Environmental responsibility is everyone’s responsibility.”

During the week of August 13, 2007, EPA staff provided compliance assistance training to the Las Cruces area dairies. EPA staff also provided information on the requirements of the EPA Region 6 Concentrated Animal Feeding Operation general permit, the Pollution Prevention Plan elements and recordkeeping requirements. EPA discussed with the dairy owners and managers proper animal waste handling and disposal, surface water quality, and hydrologic connections with surface waters. Based on these findings, the owners and operators of these dairies have been ordered to take action to bring the dairies into compliance with the Clean Water Act. EPA will continue to work with the dairies and the New Mexico Environment Department to ensure protection of surface and groundwater in the area.

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September 25, 2007

EPA Orders Oklahoma Ranch To Stop Unauthorized Discharges
EPA has issued a cease and desist administrative order to the Rocking BS Ranch near Wetumka, Oklahoma, for violations of the Clean Water Act, including an unauthorized discharge of pollutants flowing into an unnamed tributary to Middle Creek and then into Middle Creek in Hughes County, Oklahoma. The ranch, an unpermitted Concentrated Animal Feeding Operation (CAFO), is located approximately three miles south and eight miles east of Wetumka. The ranch has been ordered to immediately stop all discharges of pollutants from its facility. The ranch has been given seven days to properly reconstruct a lagoon spillway where the discharge occurred, and 30 days to finalize the reconstruction and survey the lagoon to determine the quantity of solid manure buildup and total capacity of the lagoon. The ranch has also been given 60 days to submit to EPA a summary and photographs of completed work, and 90 days to apply for permit coverage.

“This action is a reminder to those who own and operate animal feeding operations of their responsibility to protect public health and the environment,” said EPA Regional Administrator Richard E. Greene. “When these facilities fail to follow the rules, immediate actions will be taken to ensure compliance with the law.”

In April 2007, an Oklahoma Department of Agriculture, Food, and Forestry (ODAFF) inspector conducted an on-site inspection of the Rocking BS Ranch and observed an unauthorized discharge from the west lagoon entering an unnamed tributary to Middle Creek. The facility was also cited for discharging without a permit. Based on these findings, the owner and operator of the Rocking BS Ranch has been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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September 18, 2007

EPA Orders Oklahoma Egg Farm To Stop Discharge of Pollutants
Based on a citizen’s complaint about the discharge of pollutants into an unnamed tributary to the East Branch of Chigney Sandy Creek, which flows into Dilday Lake in Garvin County, Oklahoma, the U.S. Environmental Protection Agency has issued a cease and desist administrative order to Mahard Egg Farms’ Boogie Hill facility for violations of the Clean Water Act. The farm, a Concentrated Animal Feeding Operation, is located approximately nine miles north of Sulphur. The farm has been ordered to immediately stop all discharges of pollutants from its facility. The farm has been given 14 days to remove and properly dispose of any solid waste from the southeast shore of Dilday Lake, and 45 days to submit to EPA a certified summary and photographs documenting completed work.

“We are committed to enforcing the laws that protect the environment and public health,” said EPA Regional Administrator Richard E. Greene. “This order sends a clear message that neither the public nor the EPA will allow this facility to knowingly violate the law.”

In July 2007, EPA inspected the facility, finding numerous violations requiring immediate compliance action. These violations included an unauthorized discharge from the farm’s lagoon into an unnamed tributary to the East Branch of Chigley Sandy Creek, which flows into Dilday Lake. EPA inspectors observed an area along the shore of Dilday Lake where a large amount of lagoon effluent had been deposited. Water and soil sample analyses found ammonium, arsenic, nitrates, phosphorus and fecal coliform indicative of poultry waste. Based on these findings, the owners and operators of Mahard Egg Farms’ Boogie Hill facility have been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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August 28, 2007

EPA Orders Texas Dairy To Stop Discharge of Pollutants
Based on citizen complaints about the discharge of pollutants into Big Creek and an unnamed tributary to Schooley Creek in Hopkins County, Texas, the U.S. Environmental Protection Agency has issued a cease and desist administrative order to Center Point Dairy for violations of the federal Clean Water Act. The dairy, located about six miles south of Brashear, on the south side of Farm Road 2653, is a Concentrated Animal Feeding Operation. The facility has been ordered to immediately stop all discharges of pollutants from its lagoon and domestic septic systems. The facility has been given seven days to clean up areas where domestic septic waste has pooled, and 14 days to properly remove solid waste from domestic septic tanks and repair septic waste collection systems. The dairy has also been asked to remove sediment buildup in its lagoon and restore the lagoon to proper operating conditions.

“EPA will continue to vigorously enforce our nation’s environmental laws through effective compliance assistance and a strong enforcement program,” said EPA Regional Administrator Richard E. Greene. “This action will significantly reduce discharges that can have serious health effects.”

In July 2007, EPA inspected the facility. Numerous violations were found requiring compliance action. These violations included an unauthorized discharge from the lagoon into Big Creek and unauthorized discharges from the facility’s domestic septic systems into an unnamed tributary to Schooley Creek. Based on these findings, the owners and operators of Center Point Dairy have been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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August 1, 2007

EPA Orders Six Southern California Dairies To Comply With Federal Clean Water Act
EPA ordered six dairies located in the Southern California cities of Chino, Ontario, and Mira Loma to comply with federal wastewater discharge regulations or face fines up to $32,500 per day per violation. The EPA issued the orders to the Legend Dairy #1, Legend Dairy #3, Sun Valley Jersey Dairy #1, Miersma Dairy #1, Tom Alger Dairy, and Venegas Dairy for failing to comply with their wastewater discharge permit requirements, violations of the federal Clean Water Act. Runoff from their facilities could pollute the Santa Ana River.

“These six dairies were cited for failing to comply with basic permit requirements addressing manure waste, which can pollute streams, rivers and groundwater,” said Alexis Strauss, director of the EPA’s water division for the Pacific Southwest. “Protecting public health and the environment is our primary goal and through participation in the California Dairy Quality Assurance Program – a program that has made significant progress improving the environmental performance of dairies statewide – we trust dairies will return to compliance promptly.”

At the request of the Santa Ana Regional Water Quality Control Board, the EPA inspected these dairies in March, 2007. The dairies are being cited for violations of state-issued permits, including: failure to execute waste management plans, failure to contain on-site manure waste; failure to properly design, construct, and manage manure containment structures; and failure to monitor and report to the state.

“The Santa Ana Regional Water Quality Control Board benefits from its partnership with U.S. EPA in regulating wastewater discharges from dairies within the Santa Ana Region,” said Gerard Thibeault, Executive Officer of the Santa Ana Regional Water Quality Control Board. “We look forward to cooperative activities with U.S. EPA in the future to seek compliance with wastewater discharge standards.”

In 2000 and 2001, the EPA fined numerous dairies in the Chino area for similar Clean Water Act violations. In 2003, the EPA issued similar orders to five dairies in the Chino area. To address these violations and to prevent future violations, the EPA, along with 14 other signatories from the dairy industry, academia, environmental, and other state and federal agencies, formed the California Dairy Quality Assurance Program to provide compliance assistance to dairy producers and operators. Through the California Dairy Quality Assurance Program, a voluntary environmental stewardship program, dairy operators learn how to meet all federal, state, regional and local requirements related to manure and nutrient management and protect surface and groundwater. In California, compliance with the Clean Water Act’s permit program is overseen by the State’s Regional Water Quality Control Boards.

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January 29, 2007

Correction: Vreba-Hoff Dairy Development No Longer Owns Fremont, Indiana Dairy
On January 4, EPA Region 5 announced that it had issued an administrative order to comply with a state-issued discharge permit to Vreba-Hoff Dairy Development, Wauseon, Ohio, and De Jong Dairy LLC, Fremont, Indiana. Vreba-Hoff has since provided documents to EPA demonstrating that it has transferred ownership of the dairy. EPA has sent a letter to Vreba-Hoff notifying the company that it is not responsible for complying with EPA's order. The dairy operator has told EPA that he intends to comply with the order.

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January 8, 2007

EPA Orders Indiana Dairy To Comply with Discharge Permit
EPA Region 5 has ordered Vreba-Hoff Dairy Development LLC, of Wauseon, Ohio, and De Jong Dairy LLC, of Fremont, Ind. to stop all unauthorized discharges and meet all the requirements of the dairy's state-issued discharge permit. De Jong Dairy is a large concentrated animal feeding operation (CAFO) with approximately 900 mature dairy cows. The dairy has submitted an application to the Indiana Department of Environmental Management for a construction permit to expand the operation to 1,800 cows.

The dairy is required to install and maintain markers on all manure and wastewater storage structures, at all times maintain a minimum of two feet between the stored manure and the top of storage structures, conduct weekly inspections of waste storage structures to see whether they are in good working order, keep records and report to permitting agencies, submit plans that demonstrate that the dairy has enough storage to prevent discharge, perform best management practices, and develop and implement a nutrient management plan.

The facility is owned by Vreba-Hoff Dairy Development and leased by the De Jong dairy. Storm water run-off discharged from CAFOs typically contains very high levels of nutrients and pathogens that can pose a threat to public health and harm aquatic life. The Clean Water Act requires CAFOs to comply with their permits.

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