Jump to main content.

Animal Feeding Operations - Compliance & Enforcement: Enforcement Cases 1999

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

March 8, 1999

Pollution from South Oregon Dairy Triggers Complaint
A Klamath County dairy in southern Oregon has been issued a complaint seeking $33,000 in civil penalties because agency inspectors discovered manure-laden wastes entering nearby drainage ditches that connect to the Lost River, a river that runs across the state line from California and back again into the Tule Lake Wildlife Refuge.

Named in the complaint is the Bonanza View Dairy on Harpold Road in Bonanza, about 25 miles east of Klamath Falls, where the EPA inspectors  observed wastes flowing from the dairy into ditches that straddle Harpold Road and flow to the Lost River. Samples taken by the inspectors were analyzed and found to contain fecal coliform bacteria.

The complaint against the Bonanza dairy was announced on March 8, 1999,   by Bub Loiselle, manager of the water compliance unit at EPA's Northwest regional headquarters in Seattle.

"The Lost River is heavily distressed by loadings of nutrients from all sorts of agricultural activities, and a big part of that is the contribution from dairies or other livestock operations," Loiselle said. "When it comes to animal wastes, the impacts on water quality can be severe. The waste generated by a 500-head dairy herd is equivalent to the waste from a town of 10,000 people."

Loiselle said that the inspections of Oregon dairies are part of ongoing efforts by EPA and the Oregon Department of Agriculture to ensure that dairies and other concentrated animal feeding operations (CAFOs) are in compliance with the federal Clean Water Act. That statute requires all CAFOs to prevent discharges of wastes that can pollute nearby surface waters. 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 bacteria and other microorganisms that can seriously affect human health.

Teams of inspectors from EPA and the Oregon Department of Agriculture visited dairies and other CAFOs in the Klamath Basin, in Douglas County, and in the Portland area. Reports made by the inspectors are under evaluation by EPA.

Loiselle said inspections in other parts of Oregon will continue. Most of the inspections are conducted jointly by EPA and the state, although some inspections are performed independently by EPA. All EPA inspections are unannounced.

Bonanza View Dairy had 20 days from the date it received the complaint to challenge the penalty or to contest the EPA allegations.

The complaint was accompanied by a compliance order that directs Bonanza View 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.

Top of Page

March 25, 1999

Boise-Area Hog Farm Will Pay $6,250 To Settle Waste Discharge Complaint
A hog farm in Star, Idaho, midway between Boise and Caldwell, has agreed to pay a civil penalty of $6,250 to settle a U.S. Environmental Protection Agency complaint alleging that the farm illegally discharged animal wastes into drainage ditches leading to the Boise River.

The settlement was announced on March 25, 1999 by Bub Loiselle, manager of EPA's water compliance unit at the agency's Northwest regional headquarters in Seattle.

Loiselle said the complaint stemmed from an EPA inspection of the hog operation in May, 1998. The EPA visit was the third inspection at the farm performed since 1995. On two earlier visits, when EPA was accompanied by inspectors from the Idaho Division of Environmental Quality, the inspectors observed discharges of animal wastes into drainage ditches, prompting warnings to the owner to stop the discharges.

The May 1998 inspection was the first since EPA had designated the hog farm as a concentrated animal feeding operation (CAFO) subject to the terms of the Clean Water Act, the federal law that prohibits the discharge of animal wastes from CAFOs into streams, rivers, and other bodies of water. Discharges from CAFOs typically contain bacteria, large amounts of nutrients, and other organic matter that can degrade water quality and harm wildlife, and can also threaten public health.

In reaching the settlement, the owner neither admitted nor denied the allegations made by EPA.

Top of Page

April 15, 1999

EPA Issues Illegal Discharge Complaint to Another Dairy in Klamath Falls, Oregon
On April 15, 1999, for the second time in a 6-week period, a dairy in southern Oregon's Klamath County was issued a U.S. Environmental Protection Agency complaint seeking civil penalties because agency inspectors discovered manure-laden dairy wastes entering drainage ditches that connect to the Lost River. The new complaint was issued to two dairies of Bonanza, about 25 miles east of Klamath Falls, according to an announcement by Bub Loiselle, manager of the water compliance unit at EPA's Northwest regional headquarters in Seattle. Loiselle said the allegations in the EPA complaint are based upon observations made by EPA inspectors during a visit to the dairy in November, 1998.

"There are definitely more complaints to come," Loiselle said. "EPA is conducting unannounced inspections throughout the state, and the indications are that we will be taking similar actions at dairies in a number of other places in Oregon."

Loiselle explained that inspections are part of ongoing efforts by EPA and the Oregon Department of Agriculture to ensure that dairies and other concentrated animal feeding operations (CAFOs) are in compliance with the federal Clean Water Act. With more inspections to come, EPA and state personnel have already visited dairies and other CAFOs in the Klamath Basin, in Douglas County, and in the Portland area. Reports made by the inspectors are under evaluation by EPA.

The Clean Water Act requires all CAFOs to prevent discharges of wastes that can pollute surface waters. Dairy waste typically contains large amounts of nutrients and other organic material that can degrade water quality and harm wildlife. The wastes also contain E. coli bacteria and other microorganisms that can seriously affect human health.

The complaint to the first dairy proposes a penalty totaling $22,000 for two violations of the no-discharge requirement, said Loiselle. The Boersmas had 20 days from the date they received the complaint to challenge the penalty and to contest the EPA allegations.

The second dairy received an EPA complaint proposing a total penalty of $33,000 for three alleged violations of the Clean Water Act. Like the discharges from the first dairy, the discharges from the second dairy were said by EPA to have entered drainage ditches that connect to the Lost River, a river that runs across the state line into Klamath County from California and flows back again into the Tule Lake Wildlife Refuge.

According to information available to EPA, the Lost River receives loadings of nutrients from local agricultural activities, including contributions from dairies and other livestock operations. EPA regards the impacts of animal wastes on water quality as severe.

Top of Page

May 4, 1999

Clean Water Case Against Hudson Foods:  Poultry Farms and Processing Facilities 
In a proposed consent decree filed on May 4, 1999, in federal district court, Hudson Foods, Inc. agreed to pay a $4 million penalty and comply with  the U.S. Clean Water Act at its Berlin, Maryland, plant. This is the largest Clean Water Act penalty in Maryland history.

To settle the federal lawsuit over alleged water pollution from its poultry processing and rendering plant in Berlin, Hudson will also spend $2 million on pollution controls at poultry farms and processing facilities throughout the Delmarva peninsula. These controls are supplemental environmental projects and are described in the attachment.

Hudson Foods, Inc., recently became a subsidiary the Arkansas-based food processing company, Tyson Foods, Inc.

"The settlement resolves a serious threat to water quality at Maryland's Eastern Shore, and promises to reduce water pollution from several other sources. This is an important commitment by the poultry industry to protect our rivers, bays and estuaries," said EPA Regional Administrator W. Michael McCabe.

McCabe praised the vital collaboration of the Maryland Department of the Environment (MDE) in dealing with water pollution at the Hudson plant. MDE assisted EPA in investigating the company's Clean Water Act violations.

The proposed consent decree was subject to a 30-day public comment period and final court approval.

The settlement resolves the government's complaint that Hudson's Berlin plant repeatedly discharged wastewater with illegal levels of fecal coliform, phosphorus, nitrogen, ammonia, and other pollutants into Kitts Branch. Kitts Branch flows into Trappe Creek, Newport Bay, and Chincoteague Bay.

Fecal coliform is an indicator of the presence of sewage pollution and associated disease-carrying pathogens. EPA regulates fecal coliform to reduce the risk of illnesses such as intestinal, skin, ear, and eye infections.

Excessive levels of phosphorus and nitrogen can overstimulate algae growth and reduce crab and fish populations. Ammonia is toxic to fish.  

The U.S. alleges that Hudson violated permit requirements for monitoring, sampling, and notification. These requirements include ensuring that testing equipment is accurate, lab tests are performed properly, and sampling records are up to date.

Supplemental environmental projects will be undertaken at Hudson and Tyson Foods facilities in Maryland, Virginia, Delaware, and Pennsylvania. EPA's supplemental environmental project (SEP) policy authorizes the government to take into account a party's expenditures for environmentally beneficial projects that exceed legal requirements. To preserve the law's deterrent effect, however, the SEP policy requires a penalty in excess of the amount the defendant saved by delaying its compliance with environmental requirements. In addition to the $4 million penalty, the five SEPs are:

  1. Denitrification Project: Hudson will install and operate equipment to reduce nitrogen pollution from 15 to 30 percent in four locations -- New Holland, Pennsylvania; Glen Allen and Temperanceville, Virginia; and Berlin, Maryland. Estimated cost: $300,000.

  2. Phytase Project: To reduce the levels of phosphorous runoff into waterways, Hudson will install equipment to add phytase enzyme to poultry feed at a Hudson or Tyson feed mill within the Chesapeake Bay watershed. This enzyme helps chickens to better absorb phosphorus in their diet and reduces the amount in their waste. Studies indicate that phytase may reduce the phosphorus content of chicken litter by 30 percent. Estimated cost: $600,000.

  3. Litter Storage Shed Construction: To prevent nutrient runoff from poultry litter, Hudson will build weatherproof litter storage sheds at six company-owned farms. Estimated cost: $250,000

  4. Nutrient Management Plan: Hudson will fund Delmarva poultry growers to implement site-specific nutrient management plans. As part of this project, all Hudson and Tyson company-owned farms and contract growers in Delmarva will prepare nutrient management plans for both nitrogen and phosphorus within 2 years. Estimated cost: $300,000.

  5. Alum Project: To reduce soluble phosphorus in litter products used as fertilizer, Hudson will apply alum to approximately 100 broiler houses and treat litter generated by 14 million chickens. The addition of alum helps bind phosphorus, and possibly other chemicals, to soil particles, and thereby reduces polluted runoff to local waterways. Studies indicate that alum treatment may reduce soluble reactive phosphorus concentration by as much as 70 percent. Estimated cost: $550,000.

Top of Page

May 6, 1999

Nevada Dairy Sentenced for Clean Water Act Offense
Rockview Farms Inc., a California corporation which owns and operates the Ponderosa Dairy in Amargosa, Nev., was sentenced on April 26 in U.S. District Court for the Eastern District of California in Fresno for violating the Clean Water Act and for making a false statement. Rockview was fined $250,000, and was ordered to upgrade the dairy to prevent future discharges. The court also ordered Rockview to reimburse the investigating agencies $6,900 for response and investigation costs, and ordered the defendant to purchase $10,000 worth of investigatory equipment for the North and South Central Valley Dairy Waste Enforcement Task Force. Rockview illegally discharged 1.7 million gallons of dairy waste water contaminated with urine and feces in February 1998 when a wastewater lagoon valve was left open for two days. The waste water flowed approximately eight miles across the desert and then into the Amargosa River in Inyo County, Calif. Exposure to fecal coliform and other pathogens in animal wastes can cause intestinal and other infections in humans and can also be harmful to aquatic life. The case was investigated by EPA's Criminal Investigation Division, the California Department of Fish and Game, the Regional Water Quality Control Board, the Nevada Department of Environmental Protection, and was prosecuted by the U.S. Department of Justice.

Top of Page

September 7, 1999

EPA Levies $33,000 Fine Against Dairy in McMinnville, Oregon
On August 19, 1999, the northwest regional office of the Environmental Protection Agency announced a fine of $33,000 against a dairy farm in McMinnville, Oregon, for disposing of manure-laden waste into a ground source of drinking water and for polluting Hawn Creek and the Yamhill River with runoff from the dairy and cattle operation.

The improper waste disposal and pollution are violations of the federal Safe Drinking Water Act and the Clean Water Act. Each of the three counts in the EPA complaint carries an $11,000 fine.

Additionally, EPA is requiring the owner of the farm to stop discharging wastewater underground or to any surface waters.

In December 1998, EPA inspectors noted manure-laden wastewater from the dairy running into Hawn Creek, a tributary of the Willamette River. An inspection in February 1999 uncovered similar runoff into the Yamhill River and also unearthed the illegal discharge into groundwater.

Bub Loiselle, head of EPA's dairy inspection program being conducted with the Oregon Department of Agriculture said, "The mess we found at Birch Circle farms is exactly what these inspections are all about. Dairy waste is a very serious threat to human health and that of streams and rivers."

"By cracking down on operations like this dairy," Loiselle added, "the state and EPA remind polluters that there are serious consequences to ignoring laws intended to protect human health and the environment."

As noted in the complaint, 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. Nitrogen compounds present in manure are typically converted to nitrates which, when ingested by the very young, can cause a severe anemic condition called methemoglobinemia. The condition can be fatal if left untreated.

Dairy waste is also high in nutrients that adversely affect rivers' abilities to maintain levels of dissolved oxygen required by cold-water fish such as trout and salmon.

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.

Top of Page

September 17, 1999

Oregon Dairy's Waste Brings Fine
A Marion County dairy in Oregon's Willamette Valley was issued a U.S. Environmental Protection Agency complaint seeking $44,000 in civil penalties because agency inspectors discovered manure-laden wastes entering nearby drainage ditches that connect to Champoeg Creek, and ultimately to the Willamette River.

Named in the complaint is Coleman Ranch, Inc., owner of a dairy on Mahoney Road in St. Paul, where the EPA inspectors in February 1998 observed wastes flowing from the dairy into ditches that flow to the creek. Inspectors also noted that the dairy had 50 percent more cattle on the property than allowed by their permit.

The complaint against the Coleman Ranch dairy was announced on September 20, 1999, by Bub Loiselle, manager of the water compliance unit at EPA's Northwest regional headquarters in Seattle.

"At its permitted level, this dairy produces as much waste as the city of Wilsonville. With the number of cattle found at the time of our inspection, we are talking about a city the size of Newburg or Woodburn," Loiselle said. "The Willamette River is heavily distressed by loadings of nutrients from all sorts of agricultural activities. When it comes to animal wastes, the impacts on water quality can be severe."

Loiselle said that the inspections of Oregon dairies are part of ongoing efforts by EPA and the Oregon Department of Agriculture to ensure that dairies and other concentrated animal feeding operations (CAFOs) are in compliance with the federal Clean Water Act. That statute requires all CAFOs to prevent discharges of wastes that can pollute nearby surface waters. 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 bacteria and other microorganisms that can seriously affect human health.

Coleman Ranch, Inc. had 30 days from the date it 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.

Top of Page

September 25, 1999

Dairy in Kent, Washington, Issued Complaint
An $11,000 civil penalty is being sought from Smith Brothers Dairy in Kent, Washington, because U.S. Environmental Protection Agency inspectors observed manure-laden dairy wastes enter a nearby drainage ditch and into the Green River, home to endangered Puget Sound chinook salmon.

The penalty was proposed in an EPA administrative complaint announced on September 29, 1999, by Bub Loiselle, head of EPA's dairy inspection program in Seattle.

"Dairy waste is a very serious threat to human health and water quality," declared Loiselle. "By cracking down on waste discharges, we are reminding other dairies that there are serious consequences to ignoring laws intended to protect human health and the environment."

The inspection of the Smith Brothers Dairy in spring 1999 was part of ongoing efforts by EPA and the Washington Department of Ecology to ensure that Washington dairies and other concentrated animal feeding operations are in compliance with the federal Clean Water Act. That law requires all CAFOs to prevent discharges of wastes that can pollute nearby surface waters and enter drinking water supplies.

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.

Top of Page

October 25, 1999

EPA Complaint Warns Large Feedlots, Dairies To Keep Livestock Away From Creeks and Ditches
A complaint seeking $95,000 in civil penalties from a Canyon County, Idaho, feedlot was issued on October 25, 1999, by the U.S. Environmental Protection Agency in a move that puts large feedlot and dairy operators everywhere on notice that they must keep their livestock out of creeks, drainage ditches and other waters.

The complaint was announced by Bub Loiselle, the Clean Water Act compliance manager at EPA's Northwest regional office in Seattle.

The complaint was issued to a man, who does business as CC&T Livestock approximately 30 miles southwest of Boise on property that is connected by ditches and canals to the Snake River. He operates a dairy replacement feeding operation with more than 3,000 head of cattle. He is alleged by the complaint to have violated the federal Clean Water Act, the statute that requires concentrated animal feeding operations to keep animal wastes out of surface waters.

"What's noteworthy here is that this feedlot was discharging on a daily basis for more than a year," Loiselle said. "It's self-evident that if cattle are in a creek or ditch, manure will be going into the water."

"This complaint is the first time EPA has taken an enforcement action where issue is the access of livestock to ditches, creeks or rivers. It won't be the last."

According to the complaint, the man allowed discharges of animal wastes to flow into waters leading to the Snake River on an almost daily basis for more than a year in the mid-1990's, and, for at least the last 5 years, allowed runoff from the feedlot's stock pens to enter nearby ditches and Sproat Springs, all of which run into the Snake.

Livestock waste typically contains large amounts of nutrients and other organic material that can degrade water quality and harm wildlife. The wastes can also contain bacteria and other microorganisms than can seriously affect human health. The State of Idaho Division of Environmental Quality (DEQ) has listed that stretch of the Snake river as impaired for nutrients and bacteria. 

The complaint noted that the man failed to respond adequately to warnings from EPA and DEQ. He, according to the complaint, was warned by EPA and DEQ inspectors to keep his cattle from ditches, but continued to allow the animals direct access for more than a year after the first inspection. Later, after subsequent inspections, he is said to have partially complied, but not consistently.

It is also alleged that the man did not take adequate measures to prevent runoff. When it rained, stock pen runoff occurred as many as 36 times over a 5-year period.

The inspections at the man's feedlot were conducted in 1995, 1996, 1997, and 1999. The inspections are part of ongoing efforts by EPA and state agencies to ensure that concentrated animal feeding operations, like dairies and feedlots, comply with the Clean Water Act. When it comes to dairies, EPA relies heavily on an inspection program conducted by the Idaho Department of Agriculture; for feedlots, EPA inspectors work with the Idaho DEQ.

Top of Page

This page is sponsored by EPA's Ag Center. Ag Center logo

Local Navigation

Jump to main content.