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Clean Water Act (CWA): Agriculture-Related Enforcement Cases Archive for 2012
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.
Archived cases pertaining to the Clean Water Act (CWA) can be found on: CWA Enforcement Cases for 2001 through 2007.
The following links are provided for navigation to CWA enforcement cases below by date for 2012:
CWA Enforcement Cases for 2012
- October 02, 2012: Connecticut Farm Ordered to Restore and Create 11.3 Acres of Wetlands
- August 22, 2012: Massachusetts Racetrack, a Large CAFO, To Pay a Civil Penalty of $1.25 Million to Resolve Violations of the Clean Water Act (CWA)
- July 10, 2012: Nebraska Beef Feedlot To Pay $145,000 Civil Penalty for Illegal Discharges
- March 26, 2012: EPA Orders Foster Poultry Farms to Stop Discharging Pollutants Into Louisiana Waters
- March 16, 2012: Lincoln Parish, Louisiana Farm Ordered to Immediately Take Action to Stop all Discharges of Pollutants from their Facilities into a Tributary of the Dugdemona River
- February 10, 2012: EPA Orders Louisiana Poultry Farms to Stop Discharging
October 02, 2012
Connecticut Farm Ordered to Restore and Create 11.3 Acres of Wetlands
The owners of Falls Creek Farm, a horse boarding and training facility and farm located in Sterling, Conn., have agreed to restore and create 11.3 acres of wetlands to settle claims by the United States that wetlands were illegally filled and altered during construction of a private golf course and other modifications to their property.
The proposed Consent Decree in this matter resolves a Clean Water Act ("CWA") civil judicial action against Guy B. Snowden, Diane P. Snowden, FCF Realty, LLC and Falls Creek Farm, LLC (collectively, "Defendants") for violations involving the unauthorized discharge of dredged and/or fill material to waters of the United States. The violations alleged by the United States occurred at a property referred to as Falls Creek Farm, a horse boarding and training facility and farm located on the Connecticut/Rhode Island border in Sterling, Connecticut. The property includes a house, equestrian arenas, barns, stables, farm fields where vegetables for specialty markets are grown, and a private golf course. The property was purchased by Guy Snowden in 1987, and is currently owned and/or operated by two limited liability companies owned by Guy Snowden and his wife Diane Snowden.
The case alleges between 1987 and 2008, one or more of the Defendants, or persons working on their behalf, violated Sections 301 and 404 of the CWA by discharging dredged and/or fill material into approximately 10.5 acres of wetlands and other waterways on the property without first obtaining a permit under Section 404 of the CWA from the Army Corps of Engineers (the "Corps"). The unauthorized discharges occurred at several different locations throughout the property when the Defendants filled wetlands to construct a private golf course, to alter drainage features, and to expand operations on the property, according to the complaint in the case. Unlawful discharges also allegedly occurred when the Defendants dredged existing ponds on the property and reshaped the banks of Carson Brook, a perennial stream that flows through the property.
In an earlier incident in 1997, the Corps determined that Guy Snowden, or persons working on his behalf, filled approximately 2.9 acres of wetlands on the property to expand operations at the site. At that time, Guy Snowden was advised that work in wetlands required a permit from the Corps. Wetlands restoration was conducted to resolve the issues with the Corps.
August 22, 2012
Massachusetts Racetrack, a Large CAFO, To Pay a Civil Penalty of $1.25 Million to Resolve Violations of the Clean Water Act (CWA)
U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Sterling Suffolk Racecourse LLC will pay a civil penalty of $1.25 million to resolve violations of the Clean Water Act (CWA) at its Suffolk Downs racetrack facility in Revere and East Boston, Mass. The company is also spending more than $3 million to prevent polluted water from entering nearby waterways and will perform three environmental projects worth approximately $742,000 that will provide water quality monitoring and protection efforts for more than 123 square miles of watershed. The terms of the settlement are contained in a consent decree lodged in federal court in Boston today.
Sterling Suffolk Racecourse LLC (Suffolk) owns and operates Suffolk Downs, a 161-acre thoroughbred racing facility located in East Boston and Revere, Massachusetts. The facility includes two concentric racetracks, a grandstand, clubhouse, ancillary buildings and parking areas. The facility also includes 32 stable buildings, approximately 1200 horse stalls, feed storage areas, manure storage areas, dead animal storage areas, animal walkways and associated areas. Because 500 or more horses are stabled at the facility for at least 45 days of the year, Suffolk Downs is a large concentrated animal feeding operation (CAFO).
Suffolk violated section 301 of the Clean Water Act by discharging pollutants (e.g., manure, urine and bedding materials) from a CAFO to waters of the United States without a National Pollutant Discharge Elimination System (NPDES) permit.
The facility upgrades and the improved management practices implemented as a result of federal enforcement actions will annually prevent wastewater contaminated with an estimated 193 tons of horse manure, urine and associated bedding materials from discharging into Belle Isle Inlet and Boston Harbor.
Pursuant to the settlement, Suffolk will implement three SEPs, at a total cost of approximately $742,000. Two of the SEPs are projects designed to monitor the water quality of the Mystic River and the Saugus River watersheds. The third SEP involves the installation of a boardwalk at Belle Isle Marsh, the largest surviving salt marsh in Boston Harbor. The boardwalk is designed to provide community access to the marsh without causing harm to sensitive wetland vegetation or destabilizing the marsh's riparian buffer.
July 10, 2012
Nebraska Beef Feedlot To Pay $145,000 Civil Penalty for Illegal Discharges
Adams Land and Cattle Company, a beef feedlot near Broken Bow, Neb., has agreed to pay a $145,000 civil penalty to the United States Environmental Protection Agency (EPA) for violating the federal Clean Water Act and its National Pollutant Discharge Elimination System (NPDES) permit related to discharges of pollutants into Mud Creek.
In December 2010, EPA Region 7 inspected Adams' facility, located just south of Broken Bow. The facility confined approximately 83,000 cattle at the time of the inspection. Inspectors reviewed facility operations, required record-keeping and waste management practices, and also visually inspected the facility. EPA inspectors documented that Adams had allowed its waste storage basins to overfill with manure solids and sediment to the point they could no longer store runoff from large rain events. A follow-up inspection was performed in December 2011. Through these inspections and a review of records provided by Adams, EPA concluded that the facility discharged process wastewater to an unnamed tributary of Mud Creek, a water of the United States, on 13 occasions between April 2007 and October 2010. The discharges were a result of inadequate storage capacity in holding basins, lack of controls necessary to prevent the Mud Creek tributary from flooding the holding ponds, and/or failure of piping associated with land application practices. Adams estimated that approximately 140 million gallons of process wastewater was released during these discharges, impacting Mud Creek and its tributary.
"The Clean Water Act requires feedlots properly maintain adequate storage capacity in their storage basins to prevent unauthorized wastewater discharges," EPA Region 7 Administrator Karl Brooks said. "Unpermitted discharges from improperly maintained storage basins can cause serious impacts to the water quality of nearby rivers and streams."
On August 10, 2011, the Nebraska Department of Environmental Quality (NDEQ) filed a penalty action against Adams that addressed one of the discharges. The action required Adams pay a $5,800 penalty along with a $5,800 payment to the Broken Bow, Neb., Chapter of Pheasants Forever. EPA's penalty action announced today penalizes Adams for the other 12 discharge events and related permit violations.
EPA and NDEQ share legal authority and responsibility for protecting water quality in Nebraska. Given the recurrent nature of the violations, EPA made the decision to exercise the enforcement authority that it shares with the State of Nebraska to resolve the issue.
March 26, 2012
EPA Orders Foster Poultry Farms to Stop Discharging Pollutants Into Louisiana Waters
On January 26, 2012, the EPA inspected the hatchery and found unauthorized discharges of pollutants from its process wastewater lagoon to an unnamed tributary of Leatherman Creek. Leatherman Creek drains into Black Creek Bayou and it in turn drains into the Red River.
"A chicken hatchery should be raising chickens not pollution levels in nearby rivers," said EPA Regional Administrator Al Armendariz. "We expect poultry farms to comply with laws that protect water quality."
Foster Poultry Farms, doing business as Foster Farms Athens Hatchery, operates a chicken hatchery located approximately two miles east of Athens on the north side of Louisiana Highway 518 in Claiborne Parish. The facility has been ordered to immediately stop all discharges of pollutants into waters of the United States.
Water quality across the United States is threatened by phosphorus and nitrogen, two nutrients present in chicken litter. In excessive amounts, nutrients often cause an explosion of algae that robs water of oxygen, causing fish kills.
As a result of the inspection, Foster Poultry Farms has been ordered to immediately take action to stop all discharges of pollutants from its process wastewater lagoon. Within 30 days they must submit to the EPA and the Louisiana Department of Environmental Quality a certified summary, including photographs, that document the unauthorized discharges have been stopped.
March 16, 2012
Lincoln Parish, Louisiana Farm Ordered to Immediately Take Action to Stop all Discharges of Pollutants from their Facilities into a Tributary of the Dugdemona River
The Environmental Protection Agency (EPA) has issued a cease and desist administrative order to the Kevin Basham Farm in Lincoln Parish, Louisiana, for unauthorized discharges of chicken litter into a tributary of the Dugdemona River.
The Kevin Basham Farm chicken broiler facility is a concentrated animal feeding operation located approximately five miles east of Arcadia on the south side of U.S. Highway 80 in Lincoln Parish. The facility has been ordered to immediately stop all discharges of pollutants into waters of the United States.
"We expect poultry farms to follow the rules that protect our communities," said EPA Regional Administrator Al Armendariz. "Owners and operators of animal feeding operations have a responsibility to comply with the law."
On January 25, 2012, the EPA inspected the farm and found unauthorized discharges of pollutants from chicken litter storage piles and barns to an unnamed tributary of the Dugdemona River.
As a result of the inspection, the Kevin Basham Farm has been ordered to immediately take action to stop all discharges of pollutants from their facilities chicken litter storage piles and barns. Within 30 days they must submit to the EPA and the Louisiana Department of Environmental Quality a certified summary, including photographs, that document the unauthorized discharges have been stopped.
February 10, 2012
EPA Orders Louisiana Poultry Farms to Stop Discharging
The Environmental Protection Agency (EPA) has issued cease and desist administrative orders to two chicken broiler facilities in Lincoln Parish, Louisiana, for discharging chicken litter into a tributary of the Dugdemona River.
The Mike Reeves 1 and Beaver Creek Farm chicken broiler facilities are concentrated animal feeding operations located approximately four miles east of Arcadia on the south side of U.S. Highway 80, Lincoln Parish. The broiler facilities have been ordered to immediately stop all discharges of pollutants into waters of the United States.
"We expect poultry farms to put food on our tables, not waste into our rivers," said EPA Regional Administrator Al Armendariz. "Owners and operators of animal feeding operations have a responsibility to comply with the law."
On January 24 and 25, 2012, the EPA inspected the facilities and found unauthorized discharges of pollutants from chicken litter storage piles to an unnamed tributary of the Dugdemona River.
As a result of the inspection, the owners and operators of the Mike Reeves 1 and Beaver Creek Farm chicken broiler facilities have been ordered to immediately take action to stop all discharges of pollutants from their facilities' chicken litter storage piles. Within 30 days they must submit to EPA and the Louisiana Department of Environmental Quality (LDEQ) a certified summary, including photographs, that document the unauthorized discharges have been stopped.
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