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Clean Water Act (CWA): Agriculture-Related Enforcement Cases Archive for 2010

The following are agriculture-related enforcement cases pertaining to the Clean Water Act.  More Clean Water Act enforcement cases can be found under the Animal Feeding Operations enforcement cases.

The following links are provided for navigation to CWA enforcement cases below by date for 2010:

CWA Enforcement Cases for 2010

December 30, 2010

Beef Feedlot in Sioux County, Iowa, To Pay $30,000 Civil Penalty for Unpermitted Wastewater Discharges into Otter Creek
The operator of a beef feedlot in Sioux County, Iowa, has agreed to pay a $30,000 civil penalty for unpermitted discharges of wastewater from the facility into Otter Creek.

Darin Green, doing business as Darin Green Feedlot, of Hull, Iowa, agreed to the penalty as part of an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan.

On March 11, 2010, EPA inspectors observed and sampled illegal discharges of manure, litter and process wastewater that were flowing from Green’s feedlot into a tributary of Otter Creek. The feedlot did not have adequate waste control structures to prevent the discharge, nor did it have the required National Pollutant Discharge Elimination System (NPDES) wastewater permit. At the time of the inspection, the feedlot was confining approximately 2,100 cattle, including 950 in open pens and 1,150 in a deep bedded confinement building.

EPA issued an administrative compliance order to Darin Green Feedlot on March 30, 2010, requiring immediate compliance with the federal Clean Water Act. Since that time, Green has constructed adequate runoff controls and obtained an NPDES permit.

Unpermitted discharges of wastewater from concentrated animal feeding operations (CAFOs) can cause exceedances in water quality standards and pose risks to human health, threaten aquatic life and its habitat, and impair public use and enjoyment of waterways.

The settlement is subject to a 30-day public comment period before it becomes final.

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December 3, 2010

EPA Orders Vermont Farmer To Restore Damaged Wetlands
A Vermont farmer has been ordered to restore about three acres of freshwater wetlands in Swanton, Vt. that he altered in order to expand a corn field.

According to EPA’s complaint, Germain R. Bourdeau, the farmer, began in 2006 to clear, grade, fill and generally alter wetlands at his farm on County Road. Bourdeau, whose Pleasant Acres Farms business also includes fields in New York and Vermont, failed to obtain a federal permit under the federal Clean Water Act authorizing the discharges of dredged and fill material into the wetlands. According to the law, Bourdeau was required to get this federal permit from the Army Corps of Engineers.

According to the order issued recently by EPA’s New England office, Bourdeau must restore the disturbed wetlands to their previous state. The order also requires Bourdeau to, among other things, hire an experienced wetlands scientist to prepare a restoration plan for approval by EPA and the Corps, backfill a drainage ditch, remove any existing drainage structures, recreate the affected area’s topography, and plant and seed the area with shrubs and saplings. Bourdeau also must monitor the progress of the restoration plan for five years. The order prohibits Bourdeau from discharging any more dredged and/or fill material into nearby waters unless it is authorized by a valid permit issued by the Corps.

Wetlands provide large volumes of food that attract many animal species. Those animals use wetlands for part of, or all of, their life-cycle. Dead plant leaves and stems break down in the water to form organic material, which feeds many small aquatic insects and small fish that are food for larger predatory fish, reptiles, amphibians, birds, and mammals. The wetlands are located adjacent to waterways that flow into Lake Champlain.

In addition to providing valuable wildlife habitat, wetlands also help to protect the health and safety of people and their communities. Wetlands filter and clean water by trapping sediments and removing pollutants. Wetlands also provide buffers against floods as they store enormous amounts of flood water. Wetlands store and slowly release water over time, helping to maintain water flow in streams, especially during dry periods.

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November 16, 2010

Owner of Livestock Feedlot To Pay $5,850 Penalty for Violating Terms of Discharge Permit
The owner of a cattle and hog feedlot in Plymouth County, Iowa, has agreed to pay a $5,850 civil penalty to the United States to settle alleged violations of the facility’s National Pollutant Discharge Elimination System (NPDES) permit.

Mark Beitelspacher, doing business as Beitelspacher Farms, of LeMars, Iowa, did not maintain adequate records associated with the land application of liquid effluent from his feedlot, as required by the NPDES permit.

Beitelspacher Farms’ facilities have the capacity for approximately 3,000 cattle and 4,700 hogs, according to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan.

An EPA representative conducted a compliance inspection of Beitelspacher Farms on April 28, 2010, and found that the facility did not maintain adequate records of its liquid effluent land applications. Failure to properly document land applications of a feedlot’s manure-containing process wastewater can increase the risk that crops and fields may receive excessive amounts of feedlot-related contaminants. Over-application can significantly increase the risk that pollutants will end up in nearby streams and water bodies.

“The State of Iowa has designated a number of streams in northwest Iowa as being impaired, and feedlot-related pollutants often are a significant contributor to water quality problems in these streams,” EPA Regional Administrator Karl Brooks said. “As EPA strives to encourage feedlot operators to comply with their discharge permits, the Agency is obligated by the Clean Water Act to protect the environment through enforcement actions such as this.”

As part of the settlement agreement, Beitelspacher has certified that his feedlot is now in compliance with the Clean Water Act. The consent agreement is subject to a 40-day public comment period before it becomes final.

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October 28, 2010

EPA Orders Restoration of Damaged Wetlands on Massachusetts Farm
EPA has ordered the owners of Meredith Farm to restore wetlands and streams on its 160-acre plot in Topsfield, Mass. The wetlands were excavated and filled between 2006 and 2007 while the farm’s drainage system was expanded - widening and deepening a stream channel, and creating a pond.

Christopher and Bonnie Nash violated the federal Clean Water Act (CWA) by failing to obtain the required federal permit from the Army Corps of Engineers before performing work in the wetlands. Under the Clean Water Act, persons who discharged dredged and/or fill material into wetlands must obtain, in most cases, a federal permit from the Army Corps of Engineers.

EPA’s order requires Mr. and Mrs. Nash to restore the drainage system to its pre-construction size, remove the dredged ”fill” material and remove the drain leading to the pond. After this has been accomplished, the disturbed wetland areas must be seeded with a wetland conservation seed mix and be allowed to revert back to their natural wetland state. Prior to their alteration, the wetlands and waterways located on Meredith Farm formed a system of forested and scrub-shrub wetlands that flowed directly into the Ipswich River. Restoring the wetlands will have a positive ecological impact on wetlands in the area and the Ipswich River.

Wetlands provide large volumes of food that attract many animal species. These animals use wetlands for part of or all of their life-cycle. Dead plant leaves and stems break down in the water to form organic material which feeds many small aquatic insects and small fish that are food for larger predatory fish, reptiles, amphibians, birds, and mammals.

In addition to providing valuable wildlife habitat, wetlands also help to protect the health and safety of people and their communities. Wetlands filter and clean water by trapping sediments and removing pollutants. Wetlands also provide buffers against floods as they store enormous amounts of flood water. Wetlands also store and slowly release water over time, helping to maintain water flow in streams, especially during dry periods.

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October 7, 2010

EPA Orders Whately, Mass. Farmer To Restore Damaged Wetlands
EPA has ordered the restoration of more than 17 acres of freshwater wetlands in Whately, Mass. The forested and scrub wetlands were altered in the course of preparing land for new farm fields.

The farmer, James Pasiecnik, owns J. M. Pasiecnik Farms on about 157 acres of land in Whately. Beginning in 1984 and continuing through 2005, Mr. Pasiecnik and workers operating under his direction grubbed, graded, filled, and altered approximately 17.3 acres of wetlands next to farm fields at several locations on his farm. Mr. Pasiecnik failed to obtain a federal permit under the Clean Water Act (CWA) authorizing the discharges of dredged and fill material into the wetlands. Under the CWA, persons wishing to discharge dredged and/or fill material into wetlands must obtain federal permits from the Army Corps of Engineers in most cases, including when expanding farm fields.

Under the Administrative Order, Mr. Pasiecnik is required to restore the disturbed 17.3 acres of wetland to its previous state. The Restoration Plan requires Pasiecnik to remove all dredged and/or fill material and ensure that the land is returned to pre-disturbance conditions. The Administrative Order also directs Mr. Pasiecnik to consult with the Natural Resources Conservation Service (NRCS) on appropriate irrigation practices that will minimize impacts, such as lowering the water table, to wetlands in the future.

Additionally, Mr. Pasiecnik is required to fill a trench, measuring approximately 1,400 linear feet, along the western edge of the farm fields. After all grades have been returned to pre-disturbance conditions, the disturbed wetland areas will be seeded with a wetland conservation seed mix and shrubs and trees, and be allowed to revert back to their natural wetland state. The Administrative Order also prohibits Mr. Pasiecnik from taking actions that might inhibit natural vegetative growth.

The wetlands on Mr. Pasiecnik’s property are located in the terraces of the Connecticut River, and are adjacent to streams flowing to the Connecticut River. The terraces, streams and wetlands formed over thousands of years as the course of the Connecticut River changed.

Wetlands provide large volumes of food that attract many animal species. These animals use wetlands for part of or all of their life-cycle. Dead plant leaves and stems break down in the water to form organic material which feeds many small aquatic insects and small fish that are food for larger predatory fish, reptiles, amphibians, birds, and mammals.

In addition to providing valuable wildlife habitat, wetlands also help to protect the health and safety of people and their communities. Wetlands filter and clean water by trapping sediments and removing pollutants. Wetlands also provide buffers against floods as they store enormous amounts of flood water. Wetlands also store and slowly release water over time, helping to maintain water flow in streams, especially during dry periods.

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September 27, 2010

Idaho Fish Farm Could Face Penalties up to $177,500 for Federal Clean Water Act Violations
Under a complaint filed by the U.S. Environmental Protection Agency, Lynn Babington and ARK Fisheries, Inc. could face a maximum penalty of up to $177,500 for allegedly violating the federal Clean Water Act over a five year period. The violations occurred at the ARK Fisheries Tunnel Creek facility in Buhl, Idaho.

From October 2005 through July 2010, EPA observed numerous violations of ARK Fisheries’ National Pollutant Discharge Elimination System (NPDES) permits including:

“EPA has provided assistance to ARK Fisheries on numerous occasions over several years to help them comply with their permit,” said Kim Ogle, EPA’s NPDES Compliance Manager in Seattle. “Unfortunately, the Tunnel Creek facility continues a trend of incomplete or late reports, instances of non-reporting, and discharge permit violations.”

ARK Fisheries has projected that it could raise up to 275,000 pounds of trout and 80,000 pounds of sturgeon annually at their Tunnel Creek facility.

NPDES, as a self-reporting program, relies on accurate and timely reporting to ensure protection of water quality. $177,500 is the maximum administrative civil penalty allowed under the Clean Water Act.

The NPDES permit program controls water pollution by regulating sources that discharge pollutants to waters in the United States.

Fish processing waste from the ARK Fisheries facility runs into Pospesel Drain, a tributary of the Snake River. Both Pospesel Drain and Snake River are considered “navigable waters” and waters of the United States under the Clean Water Act.

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September 21, 2010

EPA Takes Action against Manheim Farm for Unpermitted Waste Discharges
EPA today announced that it has issued an Administrative Penalty Order in the amount of $6,000 to Melvin and Moses Petersheim of Manheim Pa. for illegally discharging pollutants from their Manheim farm to a nearby stream without a required Clean Water Act permit.

On April 1, EPA inspected the farm of Melvin Petersheim, who owns farmland on which he operates an egg-laying operation with approximately 36,000 hens. His brother Moses has a dairy operation with about 80 dairy cows on the same property. The inspection determined the Petersheims did not have a permit, but were discharging pollutants, including nitrogen and phosphorus from animal manure and milkhouse washwater into a tributary of Chickies Creek, a tributary of the Susquehanna River.

On June 1, EPA ordered the Petersheims to cease discharging pollutants to the waters, or obtain the required permits, and comply with the permits by implementing the required pollution reduction measures.

The farm is located in the Chesapeake Bay watershed. This action is part of the Agency’s multi-state, multi-media compliance and enforcement strategy to improve water quality in local waterways and the Bay.

EPA will continue conducting inspections of farms in the Lancaster County area over the coming months.

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August 18, 2010

Sumner, Washington Landowners Fined $18,000 for Wetlands Violations
Michael and Stacey Ota have agreed to pay a $18,000 penalty for alleged violations of the Clean Water Act at their property at 3201 West Valley Highway in Sumner, Washington, according to an order from the U.S. Environmental Protection Agency.

In 2005, the Otas placed fill material into four acres of wetlands without the required permits from the U.S. Army Corps of Engineers, according to the order. The Otas cleared the property for agricultural purposes. On July 29, 2009, EPA ordered the Otas to restore the wetlands and ditches impacted by these activities. The Otas have restored the site as required by the order and must continue monitoring it until 2019.

Michael Ota had previously filled the wetlands at this property without the appropriate permits. He voluntarily restored the site in 1996 with the assistance of the U.S. Army Corps of Engineers.

Wetlands are essential for the survival of fish and other aquatic life, according to Tom Eaton, Director of EPA’s Washington Operations Office.

“Landowners who plan to work in wetlands or other waters must obtain the right permits and follow the requirements to protect these valuable resources,” said Eaton. “Wetlands like this help maintain water temperature in fish spawning areas.”

Waters from the wetlands on the Otas property flow into Jovita Creek, which flows into the White River. The White River is a fish bearing stream, and is currently identified by the state as impaired for high water temperatures.

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August 3, 2010

Idaho Fish Hatchery Fined $98,000 for Clean Water Act violations
Rainbow Trout Farms, Inc. has agreed to pay $98,002 to the Environmental Protection Agency to settle alleged federal Clean Water Act violations at its fish hatchery and processing facility near Filer, Idaho.

From October of 2007 through August of 2008, Rainbow Trout reported significantly higher levels of total residual chlorine, a toxic pollutant, than allowed by Rainbow Trout’s National Pollutant Discharge Elimination System permit. Further review by EPA showed that Rainbow Trout regularly failed to provide valid reports of chlorine limits to EPA for over four years. In addition, the review found Rainbow Trout violated its previous and current NPDES permit by:

According to Kim Ogle, NPDES Compliance Manager in Seattle, the Clean Water Act’s NPDES program relies on permit holders to provide information on pollution levels at their facilities.

“It’s disturbing that, month after month for years, this sophisticated operator failed to provide valid information to EPA on chlorine, a pollutant extremely toxic to fish and other organic organisms,” said EPA’s Ogle.

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July 9, 2010

EPA Orders Illinois Livestock Operation To Pay $40,000 Penalty For Unauthorized Waste Discharges
EPA Region 5 has ordered Greenville Livestock Inc., 25815 Hugo Road, Centralia, Ill., to pay a $40,000 fine for failing to comply with the Clean Water Act. EPA previously ordered the facility to stop all unauthorized discharges and apply to the Illinois Environmental Protection Agency for a permit to discharge wastewater.

Greenville is a large concentrated animal feeding operation in the Kaskaskia River watershed in central Illinois with more than 1,000 cattle.

An EPA inspection found that Greenville was not using best management practices to prevent the discharge of manure and other animal production waste. EPA also discovered that the facility did not have a Clean Water Act permit to discharge.

EPA Water Division Director Tinka G. Hyde said, “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”.

Manure and wastewater from animal feeding operations have the potential to contribute pollutants such as nitrogen and phosphorus, organic matter, sediments and pathogens to the environment. Stopping unauthorized discharges may require a facility to build larger waste storage structures or change waste and material handling practices.

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June 15, 2010

Feedlot Receives EPA Compliance Order To Stop Polluting Snake River Tributary
Jean M. Smith, owner and operator of the Boise-based Wood Creek Livestock Company, has been issued an EPA Compliance Order for alleged violations of the federal Clean Water Act. The alleged violations occurred at the Wood Creek Feedlot near Grand View, Idaho, which is close to the Snake River and its tributaries.

The Wood Creek Feedlot has a winter feeding operation which confines over 1,000 head of cattle. Under today’s order, the Company is ordered to cease all discharges of pollutants to waters of the United States and remove all livestock from areas of direct access to those waters until access to nearby waterways is blocked.

According to Edward Kowalski, Director of EPA’s Office of Compliance and Enforcement in Seattle, protecting water quality means keeping livestock out of feedlot streams, especially during winter feeding operations.

“Large feedlots that offer livestock direct access to rivers and streams aren’t just environmental health threats… they’re against the law,” said Kowalski. “When confined cows have direct access, Idaho’s waters are being polluted.”

During an EPA inspection, inspectors noted that cattle had direct access to Corder Creek, a tributary to the Snake River. Manure and urine were observed in and along Corder Creek where cattle have direct access. In addition, samples collected from Corder Creek (in the feedlot) showed extremely high levels of bacteria and nutrients.

Pollutants commonly associated with animal waste or manure often includes nutrients such as nitrogen and phosphorus, organic matter, pathogens and sediments. These pollutants can choke rivers and streams with algae, kill fish by reducing oxygen in the water and transmit waterborne diseases.

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June 11, 2010

EPA Orders Cattle Feeding Company To Change Stock Watering Practice at Grand View, ID, Feedlot To Protect the Snake River
EPA has issued the Simplot Cattle Feeding Company a legal order to halt discharges from its nearly 700-acre feedlot complex near Grand View, Idaho. Simplot confines between 30,000 and 65,000 cattle year round at this feedlot facility near the Snake River in southeastern Idaho.

EPA’s order directs Simplot to immediately cease all discharge of pollutants to waters of the U.S. This action is particularly important because the Snake River has been designated as “impaired” for both bacteria and nutrients.

Today’s Order stems from Simplot's use of a constant flow stock watering system. When not used for irrigation (usually from November to March), a portion of this water is diverted to pasture, irrigation ditches, or into the Ted Trueblood Wildlife Refuge, all of which ultimately flow into the Snake River.

Simplot water samples pulled from the facility’s discharge were shown to contain 1600 colonies of fecal bacteria per 100 ml of sample. Simplot is covered under an NPDES CAFO permit, and by discharging 1500 gallons per minute from the production area, they are violating their permit. While EPA recognizes that many producers use similar systems at their facilities, CAFO regulations apply to feedlots and dairies. They do not typically apply to rangeland. If watering system flows are re-used and/or do not leave the facility, they are not considered a discharge.

According to Edward Kowalski, Director of EPA’s office of Compliance and Enforcement in Seattle, when pollution is discharged to surface waters from watering systems, EPA will take appropriate action.

“Simplot’s watering system adds fecal bacteria to the Snake River,” said EPA’s Kowalski. “It discharges a tremendous volume of contaminated water to a river already impaired by bacteria and nutrient pollution. By re-routing overflows or storing water for future use, producers can take care of their livestock and protect Idaho water quality.”

Pollutants commonly associated with animal waste or manure often includes nutrients such as nitrogen and phosphorus, organic matter, pathogens and sediments. These pollutants can choke rivers and streams with algae, kill fish by reducing oxygen in the water and transmit waterborne diseases. To comply with the Order, Simplot must cease all discharges to the Snake River and its tributaries immediately.

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June 9, 2010

Three Beef Feedlots in Iowa Face Civil Enforcement Actions as EPA Continues Emphasis on Compliance with Clean Water Act
EPA Region 7 has taken a series of civil enforcement actions against three beef feedlot operations in Iowa for violations of the Clean Water Act, as part of a continuing enforcement emphasis aimed at ending harmful discharges of pollutants from concentrated animal feeding operations (CAFOs) into the region’s rivers and streams.

“In some instances, we are finding harmful bacteria such as E.coli in wastewater discharged by feedlots at levels that are exponentially higher than the levels at which EPA permits municipal wastewater treatment systems to discharge their treated wastewater,” EPA Regional Administrator Karl Brooks said. “This is just one measure of the harm that can come when feedlots fail to operate within the law.”

Runoff from CAFOs may contain such pollutants as pathogens and sediment, as well as nutrients such as nitrogen and phosphorous, all of which can harm aquatic life and impact water quality.

Of the three most recent enforcement actions, one involves a civil penalty against a CAFO for failure to comply with its national Pollution Discharge Elimination System (NPDES) permit. Bruce Feedlot, of Hastings, Iowa, has agreed to pay a $31,573 civil penalty for its unauthorized discharges of pollutants to Indian Creek and its tributaries in Mills County, Iowa. EPA’s settlement with Bruce Feedlot is subject to a 40-day public comment period before it becomes final.

The remaining two enforcement actions involve administrative compliance orders issued to medium-sized CAFOs, which are feedlots that confine between 300 and 999 cattle. EPA has documented significant water quality problems associated with medium CAFOs and is making enforcement at these operations a priority: Groeneweg Farm, of Rock Valley, Iowa, must apply for an NPDES permit and complete wastewater controls at its facilities by October 31, 2011, to end unauthorized discharges of pollutants into an unnamed tributary of the Rock River in Sioux County, Iowa. Gradert/Cla-Don/Winterfeld Feedlot, of Ireton, Iowa, must apply for an NPDES permit and complete wastewater controls at its facilities by October 31, 2011, to end unauthorized discharges of pollutants into Six Mile Creek in Sioux County, Iowa.

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June 2, 2010

EPA Orders Manheim Farm To Cease Unpermitted Waste Discharges
EPA today announced that it has ordered a Manheim Pa. farm to stop discharging pollutants to a stream without a required Clean Water Act permit.

On April 1, EPA inspected the farm of Melvin and Moses Petersheim of Manheim Pa. Melvin Petersheim owns and operates an egg-laying operation with approximately 36,000 hens. His brother Moses operates a dairy farm with about 80 dairy cows on the same property. The inspection determined that pollutants, including nitrogen and phosphorus from animal manure from both operations were discharged into an unnamed tributary of Chickies Creek, a tributary of the Susquehanna River.

EPA is ordering the facility to cease discharging pollutants to the waters until they have the required permit. The farmers must also submit a compliance plan to EPA explaining what actions the facility has taken and will implement to comply with the Clean Water Act.

The farm is located in the Chesapeake Bay watershed. This action is part of the Agency’s efforts to implement the President’s Executive Order for the Chesapeake Bay watershed, and a compliance and enforcement strategy to improve water quality in local waterways and the Bay.

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June 2, 2010

EPA Orders Two Virginia Farms To Cease Unpermitted Waste Discharges to the Shenandoah River
EPA today announced that it has ordered two Virginia farms to cease discharging pollutants to a stream without a National Pollutant Discharge Elimination System (NPDES) permit, as required by the Clean Water Act.

On April 14, 2010, EPA conducted a Clean Water Act inspection of Turley Creek Farms in Linville Va., a chicken broiler grower which confines approximately 100,000 chickens. The inspection found that the farm was improperly storing large piles of uncovered chicken manure and evidence that pollutants, including nitrogen and phosphorus, were discharged into Turley Creek, a tributary of the North Fork of the Shenandoah River.

On April 15, 2010, EPA also inspected the farm of Windcrest Associates LLC, in Timberville, Va. which owns and operates a dairy and turkey growing operation confining approximately 250 mature dairy cows, 275 heifers, and 22,800 turkeys. The inspection determined that pollutants, including nitrogen and phosphorus from animal manure were being discharged into an unnamed tributary of the North Fork of the Shenandoah River and the Shenandoah River itself contrary to the requirements of the Clean Water Act.

EPA is ordering the facilities to cease discharging pollutants to the waters until they have applied for and received authorization to discharge via a Clean Water Act Discharge permit. The farmers must also submit a compliance plan to EPA explaining what actions the facilities have taken and will implement in order to comply with the Clean Water Act.

The farms are located in the Chesapeake Bay watershed. These actions are part of the Agency’s efforts to implement the President’s Executive Order for the Chesapeake Bay watershed, and a compliance and enforcement strategy to improve water quality in local waterways and the Bay.

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May 24, 2010

Civil Enforcement Actions Taken against Beef Feedlots in Iowa, Kansas and Nebraska for Violations of Clean Water Act
EPA Region 7 has taken a series of civil enforcement actions against six beef feedlot operations in Iowa, Kansas and Nebraska for violations of the Clean Water Act, as part of an increased emphasis aimed at ending harmful discharges of pollutants from concentrated animal feeding operations (CAFOs) into the region’s rivers and streams.

“EPA Administrator Lisa P. Jackson has made it clear that the protection of America’s waters is an enforcement priority for the Agency,” EPA Regional Administrator Karl Brooks said. “Here in the heartland of America, good agricultural stewards take care of our valuable waters. EPA will use civil enforcement, including penalties when appropriate, to stop illegal practices that pose risks to human health, impact water quality, threaten aquatic life and its habitat, and impair the use and enjoyment of waterways. Enforcing the clean water laws recognizes that responsible operators have made major investments in pollution control. EPA and our state partners are working across the region to secure compliance with the Clean Water Act, and to end these types of harmful violations by feedlot operators.”

Runoff from CAFOs contains pollutants such as pathogens, heavy metals, hormones, antibiotics, sediment and ammonia, as well as nutrients such as nitrogen and phosphorous, all of which can harm aquatic life and impact water quality.

Of the six enforcement actions, two include penalties where CAFOs failed to comply with their National Pollution Discharge Elimination System (NPDES) permits. The causes of the violations were addressed in previously issued administrative compliance orders. The two proposed penalty settlements with the CAFOs listed below are each subject to a 40-day public comment period before they may be finalized.

The remaining four enforcement actions are administrative compliance orders issued to the following large and medium CAFOs. Large CAFOs are cattle feedlots with greater than 1,000 head of cattle, and medium CAFOs are feedlots with between 300 and 999 head of cattle that are required to apply for NPDES permits or cease pollutant discharges. EPA has documented significant water quality problems associated with medium CAFOs and is making enforcement at these CAFOs a priority.

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March 22, 2010

Dairy Operation To Pay $26,288 Civil Penalty for Discharge of Animal Waste Without Proper Permit
A dairy operation in Sioux County, Iowa, has agreed to pay a $26,288 civil penalty to the United States to settle allegations that it discharged animal waste pollutants from its facility into a tributary of the Orange City Slough without having a necessary permit.

Stoutjesdyk Dairy LLC, 3265 460th Street, Maurice, Iowa, did not have a National Pollutant Discharge Elimination System (NPDES) permit at the time of an April 2009 inspection by EPA Region 7, according to a consent agreement and final order filed today in Kansas City, Kan. In November 2009, EPA inspectors documented an illegal discharge at the dairy operation.

NPDES permits are required for operations that contain 700 or more dairy cattle, under requirements of the federal Clean Water Act. A permit is required even if the facility contains livestock in separate open and closed facilities within operation, as was the case with Stoutjesdyk Dairy. At the time of the inspection, the agreement says, Stoutjesdyk Dairy was confining approximately 1,260 dairy cows at the location, making it subject to regulation as a large concentrated animal feeding operation.

Wastes from the dairy operation flowed through multiple paths into a tributary of the nearby Orange City Slough. The tributary flows approximately ¼ mile to its confluence with Orange City Slough. Discharges by such means can impact water quality, pose risks to human health, threaten aquatic life and its habitat, and impair the use and enjoyment of waterways.

Through the consent agreement, Stoutjesdyk Dairy has certified that it will cease all illegal discharges and comply with the Clean Water Act.

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January 28, 2010

Fuel and Farm Supply Facility Fined for Violating the Clean Water Act
EPA has fined Pilgreen Fuel and Farm Supply of Waurika, Oklahoma, $1,450 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act. A federal inspection of a bulk storage facility located at Highway 70 and Railroad Street in Waurika, Oklahoma, revealed the facility had no SPCC plan and inspection records were not maintained for three years as required by regulations. Personnel working at the site had no training on the operation and maintenance of equipment to prevent discharges, no training on discharge procedure protocols, no training on applicable pollution control laws, rules and regulations and spill prevention briefings were not scheduled and conducted periodically. The inspection also found the facility was not fully fenced and entrance gates were not locked and/or guarded when the site was unattended. As part of an Expedited Settlement Agreement with EPA, the facility has provided certification that all identified deficiencies have been corrected.

SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and responses to prevent oil discharges. The SPCC program helps protect our nation’s water quality. A spill of only one gallon of oil can contaminate one million gallons of water.

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January 26, 2010

EPA Orders Illinois Dairy To Stop Unauthorized Waste Discharges
EPA Region 5 has ordered Westridge Dairy LLC, 2114 Ames Road, Red Bud, Ill., to stop all unauthorized waste discharges and to comply with the Clean Water Act. EPA also ordered the facility to apply to the Illinois Environmental Protection Agency for a permit to discharge wastewater. Westridge is a medium-sized concentrated animal feeding operation (CAFO) in the Kaskaskia River watershed in central Illinois with approximately 700 mature dairy cows. EPA inspected the facility in April and found that Westridge was not using best management practices to prevent the discharge of manure and other animal production waste. EPA also discovered that the facility did not have a state wastewater discharge permit.

Manure and wastewater from animal feeding operations have the potential to contribute pollutants such as nitrogen and phosphorus, organic matter, sediments and pathogens to the environment. Stopping unauthorized discharges may require a facility to build larger waste storage structures or change waste and material handling practices.

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