EPA Takes on a CAFO and Wins

David Cassuto

From the email — some good news from the good people at EPA Region 2.  What I like about this is that EPA is inspecting CAFOS and that it is (at least sometimes) able to use the Clean Water Act as an enforcement mechanism.

Administrative Settlement Reached with Large Concentrated Animal Feeding Operation

On March 10, 2010, Region 2 issued a final order finalizing a settlement
with Berkshire Valley Dairy, LLC, for its violations of the Clean Water
Act and the regulations governing the operation of large concentrated
animal feeding operations.  The Respondent is a dairy farm that confines
approximately 1000 mature dairy cows and 300 heifers and heifer calves.
On April 21, 2009, and again on May 7, 2009, EPA conducted Compliance
Evaluation Inspections of the facility and observed numerous violations
of the CWA and its implementing regulations, including the discharge of
manure to a tributary of Roeliff Jansen Kill and numerous failures to
adequately document and implement a comprehensive nutrient management plan, best management practices, inspections, and proper operations and maintenance of the facility.  On June 29, 2009, EPA issued an Administrative Order directing the Respondent to correct its violations, and on January 12, 2010, EPA issued an administrative Complaint, proposing to assess a penalty of $12,000. 

Under the March 10, 2010 settlement, the Respondent will pay a penalty of $8,100.

One Response

  1. I suppose that is a step forward… But then I read articles like this and wonder if there’s not an equally large step backwards:
    http://www.nytimes.com/2010/04/04/us/04lawschool.html?hp

    Also, in fining CAFO owners for noncomplicance… If they ever file bankruptcy there are no funds in place to clean up whatever mess they left behind. Some areas are in the hundreds of thousands trying to repair damages – And even worse, trying to collect the money for doing so…

    Seems like they should have a system in place with a kind of “insurance” to protect communities from having to foot the bill… Just a thought…

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