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Animal Feeding Operations - Compliance & Enforcement: Enforcement Cases 2009 through Present

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

August 12, 2010

Eight Beef Feedlots in Northwest Iowa Face Enforcement Actions as EPA Emphasizes Compliance with Clean Water Act
EPA Region 7 has taken a series of civil enforcement actions against eight beef feedlot operations in northwest 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.

“EPA has two important jobs: enforcing the Clean Water Act and educating about the benefits of cleaner water,” EPA Regional Administrator Karl Brooks said. “Responsible livestock producers understand and work with the agency to advance both goals.”

“Clean Water Act permits, which are a crucial tool to maintain water quality, create legal duties to better protect this nation's waters,” Brooks noted. “EPA works with our state partners to promote producers' legal compliance. Enforcing and promoting feedlot permits will produce cleaner waters and likely require fewer enforcement actions in the future.”

All eight of the most recent enforcement actions involve administrative compliance orders issued to medium-sized CAFOs, which are feedlots that confine between 300 and 999 cattle and whose discharge is facilitated by a man-made conveyance.

EPA has documented significant water quality problems associated with medium CAFOs and is making compliance at these operations a priority. 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.

All but two of the eight CAFOs listed below (excluding Tracy Onken Feedlot and Lone Tree Feedlot) discharge runoff into waters that have been officially identified by the State of Iowa as being impaired by pollutants typically associated with animal feeding operations:

Todd Bartman, doing business as Bartman Farms, of Rock Valley, Iowa, must apply for a National Pollution Discharge Elimination System (NPDES) permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of the Rock River in Sioux County, Iowa.

Randy Kats, doing business as Randy Kats Feedlot, of Rock Valley, Iowa, must apply for an NPDES permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of the Rock River in Sioux County, Iowa.

Tracy Onken, doing business as Tracy Onken Feedlot, of Carroll, Iowa, must apply for an NPDES permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of Storm Creek in Carroll County, Iowa.

SFI, Inc., of Nemaha, 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 the Raccoon River in Sac County, Iowa.

Vernon Van Beek and Jason Dorhaut, doing business as Lone Tree Feedlot, of Inwood, Iowa, must apply for an NPDES permit and complete wastewater controls at their facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of Dry Run Creek in Lyon County, Iowa.

Terry Van Wyhe, doing business as Van Wyhe Feedlot, of Ireton, Iowa, must apply for an NPDES permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of Six Mile Creek in Sioux County, Iowa.

Nathan Vohs, doing business as Nathan Vohs Feedlot, of Washta, Iowa, must apply for an NPDES permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of Four Mile Creek in Cherokee County, Iowa.

Keith Zylstra, doing business as Zylstra Feedlot, of Ashton, Iowa, must apply for an NPDES permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of Otter Creek in Osceola County, Iowa.

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July 19, 2010

EPA Executes Warrant in Hughes County, Oklahoma
EPA, accompanied by inspectors from the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF), U.S. Marshals, and officials from the Hughes County Sheriff’s Department, executed a warrant at Bishop Farms I and II, in Hughes County, Oklahoma, the EPA announced today.

Once the warrant was served on Tuesday, July 6, EPA and ODAFF conducted a joint annual inspection of the two permitted facilities.

Bishop Farms I and II are located on 700 acres near Wetumka, Oklahoma, and at one time raised as many as 2,400 swine at each permitted facility, although no animals have been on site since Fall 2009. Oklahoma rules require that a closure plan be submitted and approved by ODAFF and that manure retention lagoons be closed within one year of cessation of operations.

Representatives from ODAFF were denied access to the farms on March 9 and April 22, 2010. ODAFF inspectors, accompanied by inspectors from EPA, were again denied access on May 27, 2010.

The warrant, issued by the U.S. District Court for the Eastern District of Oklahoma in Muskogee, allowed inspectors from EPA and ODAFF to gain access to the facility to complete the annual inspections, verify the status of the retention lagoons, and determine if discharges of animal wastes were occurring.

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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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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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November 17, 2009

Feedlot in Sioux County, Iowa Agrees To Pay $25,000 Penalty for Alleged Waste Discharges into West Branch of Floyd River
A Sioux County, Iowa cattle feedlot operation has agreed to pay a $25,000 civil penalty to settle allegations that it violated the federal Clean Water Act by allowing manure and wastewater to discharge into the West Branch of the Floyd River. Joel Schuiteman, doing business as Schuiteman Feedlots, is the named respondent in the proposed consent agreement and final order placed on public notice today in Kansas City, Kan.

In May 2008, EPA inspected Schuiteman's operation and documented that it was confining approximately 3,400 cattle in confinement barns and approximately 1,200 cattle in open feedlots. EPA also documented that Schuiteman's operation was discharging manure and wastewater into the West Branch of the Floyd River. The West Branch of the Floyd River has been on Iowa's list of impaired waters because of low biological diversity and past fish kills. Both of these impacts have been linked to runoff of wastes from concentrated animal feeding operations (CAFOs) such as Schuiteman's feedlot.

Under state and federal law, any animal feeding operation that confines 1,000 or more cattle must operate as a "no-discharge" facility, unless it has an approved National Pollutant Discharge Elimination System (NPDES) permit. This includes operations that incorporate indoor and/or outdoor confinement of animals. Schuiteman did not have an NPDES permit, nor was he able to prevent unauthorized discharges from his outdoor pens.On September 9, 2008, EPA ordered Schuiteman to cease the outdoor confinement of cattle at the feedlot unless he could prevent all discharges of animal waste and wastewater from that portion of his feedlot. He no longer confines cattle outside.

Feedlot runoff typically contains such pollutants as organic matter, sediments, pathogens, heavy metals, hormones, antibiotics, ammonia, as well as nutrients, such as nitrogen and phosphorous, all of which can harm aquatic life and impact water quality. The proposed consent agreement with Schuiteman Feedlots is subject to a 40-day public comment period.

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July 13, 2009

EPA Orders Mike McClure Farms To Stop Discharge of Poultry Litter
EPA has issued an administrative order to Mike McClure Farms in Hopkins County, Texas, for violating the federal Clean Water Act. The facility is a Concentrated Animal Feeding Operation (CAFO) and falls under the regulatory authority of the Texas State Soil and Water Conservation Board.

Mike McClure Farms is a poultry broiler facility located approximately 18 miles east of Sulphur Springs, situated on the north side of County Road 3310, in Hopkins County. On May 19 and 29, and June 12, 2009, EPA inspectors observed an unauthorized discharge of chicken litter from the farm's poultry litter staging area. The unauthorized discharge of pollutants was observed at the eastern end of the northern poultry house which is used for staging litter that is removed from the barns during cleanout. The staging area drains northwest approximately 340 yards to a wetland that is directly connected to Stouts Creek.

Based on these findings and within 45 days, Mike McClure Farms has been ordered to submit to EPA a schedule for construction of a covered shed under which to stage and store poultry litter and prevent future unauthorized discharges of pollutants to Stouts Creek.

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May 19, 2009

Ohio Fresh Eggs Pleads Guilty to Environmental Violations
EPA announced today that on May 18, 2009, Ohio Fresh Eggs, LLC (OFE) pled guilty in United States District Court, Northern District of Ohio, to illegally discharging egg wash water into Kreisel Ditch, a tributary of Tymochtee Creek.

In addition to OFE's guilty plea, a plea agreement was filed with the Court. The agreement recommends that OFE serve a three-year term of probation. During the term of probation, the parties recommended to the Court that OFE will pay a fine of $150,000 and pay a total of $150,000 to three charitable environmental organizations, as part of community service. Also, during the term of probation, OFE has agreed to make a number of improvements to its facility, including the addition of another field to which the egg wash water will be applied.

OFE, a concentrated animal feeding operation, is the largest egg producer in the State of Ohio with 12 production facilities located in Northwest and Central Ohio. In Northwest Ohio, OFE operates a commercial egg farm located in Marseilles. Approximately three million egg laying chickens are housed at this facility. Kreisel Ditch is located near the facility.

Eggs produced at the Marseilles OFE facility are washed prior to shipment. The water from the egg washing process is collected in a lagoon at the farm. This wastewater contains broken eggs, soap, and a minor amount of manure. To dispose of the wastewater in the lagoon, OFE has a permit to apply it to a nearby field.

A contractor for OFE, Myron P. Lawler, directed a crew which applied the wastewater to the field. At Mr. Lawler's direction, the wastewater was negligently over-applied onto the field through the night of March 6, 2007, and into next morning, March 7. As a result of the over-application, on March 7, 2007 the wastewater flowed off of the field, through a series of drainage tiles, into Kreisel Ditch and subsequently into Tymochtee Creek. Both OFE and Mr. Lawler were charged with negligently violating the Clean Water Act. The charge against Mr. Lawler is still pending.

"Violations by concentrated animal feeding operations are an EPA national enforcement priority because of their potential to pollute the waters of the United States," said Randall Ashe, Special Agent in Charge for EPA Criminal Investigation Division in Chicago. "Companies like Ohio Fresh Eggs, that risk harming our environment by deciding to 'cut corners' and break the law, will be prosecuted."

This case was prosecuted by United States Department of Justice, United States Attorney, Northern District of Ohio, following an investigation by the U.S. EPA Criminal Investigation Division; the Ohio Attorney General's Office, Bureau of Criminal Identification and Investigation; and the Ohio Environmental Protection Agency, all members of the Northwest Ohio Environmental Crimes Task Force.

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