Jump to main content.

Clean Water Act (CWA): Agriculture-Related Enforcement Cases 2008 - Present

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 year:

CWA Enforcement Cases for 2011
CWA Enforcement Cases for 2010
CWA Enforcement Cases for 2009
CWA Enforcement Cases for 2008

CWA Enforcement Cases for 2011
CWA Enforcement Cases for 2010
CWA Enforcement Cases for 2009
CWA Enforcement Cases for 2008

November 30, 2011

EPA Notifies Four West Virginia Growers To Obtain Discharge Permits
EPA announced today that it has notified four poultry growers in West Virginia to cease discharging pollutants from farms to waterways and obtain the necessary permits that are required by the Clean Water Act.

The Agency believes that some farmers in the Shenandoah Valley and West Virginia could benefit from more information about the federal requirements to reduce polluted stormwater runoff. EPA and national and state poultry industry associations are in discussions on developing a program to educate growers on water quality and compliance issues.

“Based on our experience, educating farmers on the requirements of the Clean Water Act goes a long way in helping them to protect and improve local water quality and increase compliance,” said EPA Regional Administrator Shawn M. Garvin. “We’ve had good results from working closely with integrators and trade associations, making sure farmers know how they can best reduce runoff and meet their regulatory responsibilities.”

EPA issued the orders following inspections this past June of five chicken and turkey operations in West Virginia. The inspections found that four of the five operations were concentrated animal feeding operations (CAFOs) as defined by the Clean Water Act and that they had neither applied for nor obtained the required discharge permits. The fifth grower had already applied for the permit.

Also, at four of the facilities inspected, man-made ditches draining stormwater away from the poultry houses and sheds containing manure and compost allowed pollutants to discharge to waterways during rain events.

EPA’s actions are part of an ongoing initiative to improve water quality in local waterways and the Chesapeake Bay. For more information about the Chesapeake Bay watershed compliance and enforcement strategy visit http://www.epa.gov/compliance/civil/initiatives/chesapeakebay.html.

Top of Page

November 16, 2011

Farmer-Owned Cooperative To Pay $96,588 Penalty for Failure To Develop Facility Response Plan
Ag Processing Inc (AGP), a farmer-owned cooperative involved in the acquisition, processing and marketing of grain products, has agreed to pay a $96,588 civil penalty to the United States for its failure to develop and implement a Facility Response Plan for its soybean processing facility in Mason City, Iowa.

According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan., the Agency inspected the Mason City facility in January 2009. The inspection found that although the facility has a documented storage capacity of more than 1 million gallons of soy oil and/or fuel oil (actually 5.6 million gallons of capacity) it had not submitted a Facility Response Plan to EPA, as required by the federal Clean Water Act. The facility also had not developed or implemented a facility response training program or a drill/exercise program, as required by the regulations.

The Mason City AGP facility is located within 300 feet of a perennial stream, Cheslea Creek, which flows through two small lakes, then into Willow Creek and the Winnebago River. Without a Facility Response Plan, the Mason City facility was not adequately prepared for a worst-case discharge to the nearby waters, including potential negative impacts to wetland habitat areas.

AGP’s settlement includes a schedule of steps that the company must take to submit to EPA a Facility Response Plan for the Mason City facility, and an agreement to conduct a revised evaluation of whether a Facility Response Plan is required for its facility in Emmetsburg, Iowa.

EPA’s civil enforcement action is part of the Agency’s efforts in Region 7 (Iowa, Kansas, Missouri, Nebraska and nine tribal nations) to make certain that owners and operators of the largest oil storage facilities — with capacity of 1 million gallons or more — are prepared to respond to worst-case discharges, accidents and emergencies, and to protect sensitive environments that could be threatened by such incidents.

Top of Page

September 26, 2011

EPA Orders 13 Chino Dairies To Control Manure Runoff
The U.S. Environmental Protection Agency is ordering 13 Chino area dairies to comply with Clean Water Act requirements to prevent dairy manure waste and other pollutants from reaching local waterways. Among the violations discovered at the dairies subject to EPA’s orders were:

“To protect the Santa Ana River watershed, we’re taking action to ensure these dairies are prepared for the upcoming winter rains, when animal waste could flow from their dairies into nearby creeks and streams,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “We will also be evaluating whether monetary penalties are appropriate, pursuant to our authority under the federal Clean Water Act.”

Inspections to evaluate permit compliance at dairies are an ongoing focus of the EPA and the Regional Water Quality Control Board. Between November 2010 and February 2011, Water Board representatives inspected dozens of dairies in the Chino area.

“The Santa Ana Regional Water Quality Control Board welcomes and benefits from its partnership with U.S. EPA in regulating waste discharges from dairies within the Santa Ana Region,” said Kurt Berchtold, Executive Officer of the Santa Ana Regional Water Quality Control Board. “We look forward to continued cooperative activities with the EPA in the future to enforce Clean Water Act requirements at the dairies within our region.”

Through its administrative process, the EPA is ordering the following dairies to immediately comply with their permit requirements issued by the Santa Ana Regional Water Quality Control Board:

The EPA orders are intended to improve the dairies’ environmental performance as quickly as possible by bringing them into compliance with the basic requirements of their permits.

Top of Page

August 22, 2011

EPA Issues Compliance Orders to Six Concentrated Animal Feeding Operations in Iowa, Kansas and Nebraska
EPA Region 7 announced today that it has issued administrative compliance orders to six concentrated animal feeding operations (CAFOs) in Iowa, Kansas and Nebraska, directing those operations to correct a range of violations of the federal Clean Water Act.

Region 7’s latest round of CAFO enforcement activity, aimed at encouraging producers’ compliance with the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) permitting program, involves five beef feedlots, including three in Nebraska, one in Kansas, and one in Iowa; and an egg layer operation in Nebraska.

“The majority of livestock and poultry producers in Region 7 understand the importance of protecting our water resources, and they work hard to ensure their operations comply with state and federal laws,” EPA Regional Administrator Karl Brooks said. “However, when an operation fails to meet its responsibilities, EPA will continue to work closely with our state partner agencies and stakeholders to enforce the Clean Water Act and encourage compliance.”

Stormwater runoff from CAFO production areas such as confinement pens, feedstock storage areas and manure stockpiles, and runoff from land application areas, can cause exceedances of water quality standards, pose risks to human health, threaten aquatic life and its habitat, and impair the use and enjoyment of waterways.

According to the administrative compliance orders issued by EPA Region 7 in Kansas City, Kan.:

M.G. Waldbaum Company, Bloom N Egg Farm, Bloomfield, Neb. - An inspection of the egg layer operation in September 2010 found that it was illegally discharging wastewater from poultry manure stockpiles into a tributary of Little Bazile Creek in Knox County. Sample results indicated high levels of E.coli bacteria and other pollutants discharging into the tributary. The order requires the operation to cease all production area discharges, install runoff controls, and comply with the Clean Water Act. The operation, which has a capacity of 4,448,000 birds, was confining approximately 3.1 million layer hens at the time of the inspection. The operation has applied for an NPDES permit.

A.J. Jones, Callicrate Feeding Company, St. Francis, Kan. - An inspection in February 2011 identified significant NPDES permit violations, including failure to maintain adequate wastewater storage capacity, failure to meet Nutrient Management Plan requirements, failure to conduct operations within areas that are controlled in a manner capable of preventing pollution, and failure to maintain adequate records. The order requires the operation to comply with all terms of the Clean Water Act and its NPDES permit, and to coordinate with the Kansas Department of Health and Environment on its compliance. The order requires the operation to comply with the terms of its Nutrient Management Plan, including sampling and recordkeeping requirements. The feedlot has a permitted capacity of 12,000 cattle and was confining approximately 3,219 cattle at the time of the inspection.

Michael and David Uecker, Dave Uecker Livestock, Norfolk, Neb. - An inspection of the beef feedlot and stream sampling in July 2011 found that the operation was illegally discharging manure, litter and process wastewater into a series of drainage ditches before discharging into an unnamed tributary to the North Fork of the Elkhorn River in Madison County. The operation has a capacity of 900 cattle and was confining approximately 450 cattle at the time of the inspection, classifying it as a medium CAFO. The order requires the operation to apply for an NPDES permit, and construct feedlot waste controls or reduce the number of cattle that it confines below the regulatory threshold.

John Reigle, Reigle Farms, Madison, Neb. - An inspection of the beef feedlot in June 2011 found several NPDES permit violations, including illegal discharges from a holding pond to an unnamed tributary of Tracy Creek in Madison County, failure to timely notify state authorities of the holding pond discharge, failure to maintain adequate wastewater storage capacity in the holding pond, failure to maintain an accurate staff gauge in the holding pond, unauthorized discharges of livestock waste from land application fields, failure to maintain wastewater application records and failure to perform a liquid waste nutrient analysis. The order requires the operation to comply with the Clean Water Act, its NPDES permit and Nutrient Management Plan, and to cease operations in parts of its facility where wastewater cannot be properly managed. The operation has a permitted capacity of 9,000 cattle and was confining approximately 8,600 cattle at the time of the inspection.

Ritter Feedyards, LLC, Beemer, Neb. - An inspection of the NPDES-permitted beef feedlot in April 2011 found the facility was discharging manure, litter and process wastewater into Rock Creek and an unnamed tributary of the Elkhorn River in Cuming County. The order requires the operation to comply with the Clean Water Act and its NPDES permit, and to construct feedlot waste controls. The facility has a permitted capacity of 1,200 cattle and was confining approximately 1,038 cattle at the time of the inspection.

S&S Cattle Company, Council Bluffs, Iowa - An inspection of the beef feedlot in May 2011 found that the operation discharges manure, litter and process wastewater into a series of drainage ditches that flow into an unnamed tributary of Mosquito Creek in Pottawattomie County. The operation has a capacity of 999 cattle and was confining approximately 730 cattle at the time of the inspection, classifying it as a medium CAFO. The order requires the operation to apply for an NPDES permit and construct feedlot waste controls, or reduce the number of cattle it confines below the regulatory threshold.

Top of Page

June 21, 2011

Oregon Dairy Pays $12,000 for Alleged Animal Waste Discharges
RSC Dairy, LLC has agreed to pay a $12,000 penalty to settle animal waste discharge violations at its dairy located in Tillamook, Oregon.

According to the U.S. Environmental Protection Agency, the violations were noted during an inspection of RSC Dairy operations in January 2010. During that inspection, EPA and Oregon Department of Agriculture field personnel determined that animal waste had been discharged from the dairy into Hall Slough, a tributary to Wilson River which flows into Tillamook Bay.

Samples of the discharges from the facility showed a high concentration of E.coli bacteria.

The discharges violated a National Pollutant Discharge Elimination System permit issued to RSC Dairy by the State of Oregon. Since being notified of the violations, RSC Dairy has taken steps to correct the violations.

“It is crucial that manure from dairy facilities like RSC is properly managed and kept out of our rivers and streams,” said Edward Kowalski, Director of EPA’s Office of Compliance and Enforcement in Seattle. “We expect all concentrated animal feeding operations to comply with their permit requirements to protect public health and the environment.”

RSC Dairy confines, feeds and maintains approximately 500 cows at its Tillamook facility.

Concentrated Animal Feeding Operations are a leading source of water quality impairment in the U.S.

The NPDES permit program, a section of the federal Clean Water Act, controls water pollution by regulating sources that discharge pollutants to waters in the United States.

Top of Page

May 26, 2011

Beef Feedlot in Underwood, Iowa, To Pay $20,000 Civil Penalty To Settle Discharge Violations Affecting Mosquito Creek
A beef feedlot in Underwood, Iowa, has agreed to pay a $20,000 civil penalty for unpermitted discharges of wastewater from the facility into Mosquito Creek.

Moran Beef, Inc., agreed to pay the penalty as part of an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan. In June 2009, EPA inspectors visited the facility and found that it lacked controls to prevent the discharge of animal waste into Mosquito Creek and its tributaries. A subsequent inspection in October 2009 collected samples of effluent that showed the facility was discharging pathogens, ammonia and nitrate into an unnamed tributary of the creek.

At the time of EPA’s inspection of Moran Beef, the facility was confining approximately 1,485 cattle in its open lot and confinement barn operations. A Concentrated Animal Feeding Operation (CAFO) with both open lots and confinement barns is subject to regulation under the Clean Water Act as a “Large CAFO” if the entire operation contains more than 1,000 beef cattle.

EPA issued an administrative compliance order to Moran Beef in January 2010, directing it to comply with requirements of the Clean Water Act and end all unauthorized discharges of wastewater from its facility. Following that order, Moran Beef applied for a National Pollutant Discharge Elimination System (NPDES) permit and has built controls at its facility to prevent unauthorized discharges.

Unpermitted discharges of wastewater from 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.

Top of Page

May 18, 2011

Texas Egg Producer To Pay $1.9 Million Penalty To Resolve Clean Water Act Violations
EPA and the U.S. Justice Department (DOJ) today announced that Mahard Egg Farm, Inc., a Texas corporation, will pay a $1.9 million penalty to resolve claims that the company violated the Clean Water Act (CWA) at its egg production facilities in Texas and Oklahoma. The civil penalty is the largest amount to be paid in a federal enforcement action involving a concentrated animal feeding operation (CAFO). The company will also spend approximately $3.5 million on remedial measures to ensure compliance with the law and protect the environment and people’s health.

“By working with DOJ and our state partners in Texas and Oklahoma, we have reached a significant settlement that reflects the seriousness of Mahard’s violations,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Large animal feeding operations that fail to comply with our nation’s environmental laws threaten public health and the environment and put smaller farming operations at a disadvantage.”

“This agreement is the result of extensive cooperation between the states of Texas and Oklahoma and the federal government to address multiple violations of the Clean Water Act at Mahard facilities,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division at the Department of Justice. “Ensuring the lawful handling of CAFO wastes will mean cleaner steams and waterways in Texas and Oklahoma, which is important for aquatic habitats, safe drinking water, and public recreation.”

The CWA complaint, filed jointly with the settlement by the United States and the states of Texas and Oklahoma, alleges that Mahard operated a facility without a permit and discharged pollutants into area waterways. Mahard also allegedly discharged pollutants or otherwise failed to comply with the terms of its permits at six other facilities, including its newest facility near Vernon, Texas, where it also failed to comply with the Texas Construction Storm Water Permit and to ensure safe drinking water for its employees. The states of Texas and Oklahoma also alleged violations of state laws.

Most egg production facilities generate various wastes, including wet or dry manure from chicken houses, wastewater from the egg-washing process, and compost from chicken carcasses. If done properly, these wastes may be sold or contained on-site in manure storage lagoons, prior to being applied to nearby fields. However, the joint complaint alleges that, as a result of Mahard’s historic practice of over-applying waste to its fields, the soils at its facilities are saturated with nutrients (nitrogen and phosphorus) and, during and after rainfall, these nutrients are discharged into area streams and waterways. In addition, at several facilities, Mahard abandoned inactive and improperly designed manure lagoons rather than closing them as required by law.

As part of this settlement, Mahard has committed to comprehensive, system-wide changes in order to bring each of its seven CAFO facilities into compliance with applicable state and federal laws, permits, and regulations and to restore the lands to prevent future discharges to area waterways. The settlement mandates the performance of specific requirements, such as lagoon closures, groundwater monitoring, and the construction and maintenance of buffer strips along area waterways within the facility boundaries. It also requires on-going land restoration and management measures, such as restrictions on land-application of manure and livestock grazing.

Preventing animal waste from contaminating surface and ground waters of the United States is one of EPA’s National Enforcement Initiatives for 2011-2013. The initiative continues EPA’s focus on large and medium sized CAFOs that are discharging pollution without or in violation of a permit.

The settlement, lodged in the U.S. District Court for the Northern District of Texas, is subject to a 30-day public comment period and approval by the federal court.

Top of Page

May 16, 2011

EPA Issues Compliance Orders to Seven Concentrated Animal Feeding Operations in Iowa, Kansas and Nebraska
EPA Region 7 announced today that it has issued administrative compliance orders to seven concentrated animal feeding operations (CAFOs) in Iowa, Kansas and Nebraska, directing those operations to correct a range of violations of the federal Clean Water Act.

Region 7’s latest round of CAFO enforcement activity, aimed at encouraging producers’ compliance with the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) permitting program, involves seven beef feedlots, including four in Iowa, two in Kansas and one in Nebraska.

“Feedlot-related pollutants have significantly contributed to water quality problems, causing states to list streams as impaired under the Clean Water Act,” EPA Regional Administrator Karl Brooks said. “As Clean Water Act permits provide a crucial tool to maintain water quality, EPA works with our state partners and stakeholders to promote producers' legal compliance. Enforcing feedlot permits and requiring producers to get them, where appropriate, will produce cleaner waters and likely require fewer enforcement actions in the future.”

Wastewater discharges and runoff from CAFOs and lands where those operations store or apply manure and wastes can cause exceedances of water quality standards, pose risks to human health, threaten aquatic life and its habitat, and impair the use and enjoyment of waterways.

Violations noted in the seven separate administrative compliance orders include wastewater discharges by unpermitted medium and large CAFOs, discharges by a large CAFO in violation of its NPDES permit, failures to maintain adequate storage capacity for wastes, and a large CAFO’s failure to adequately track its land application activities to ensure that area surface waters are protected:

Crossroads Cattle Co., Woodbine, Iowa - An inspection and review of the NPDES-permitted open beef feedlot identified failures to maintain adequate storage capacity in its lagoons, and confinement of cattle in areas lacking adequate controls to prevent unauthorized discharges. The order requires the operation to cease use of areas with inadequate controls and ensure wastewater levels in retention structures are in compliance with its NPDES permit. Discharges from the feedlot flow to a tributary of the Boyer River in Harrison County. The feedlot has a permitted capacity of 5,500 cattle and was confining approximately 3,200 to 3,500 cattle at the time of the inspection.

Feedlot Services Company, Neola, Iowa - Inspection found the unpermitted operation was confining 809 beef cattle in an open feedlot that discharges into Keg Creek in Pottawattamie County. The order requires the operation, which has a confinement capacity of 999 cattle, to cease unauthorized discharges or apply for an NPDES permit within 90 days and construct controls before September 30, 2012.

Harlan Northrup, d/b/a Harlan Northrup Feedlot, Griswold, Iowa - Inspection found the unpermitted operation was confining approximately 350 beef cattle in an open feedlot that discharges into a federally recognized wetland and a tributary of Boughman’s Creek in Cass County. The order requires the operation, which has a confinement capacity of 800 cattle, to cease unauthorized discharges or apply for an NPDES permit within 90 days and construct controls before September 30, 2012.

Petersen-Bubke LLP, Mapleton, Iowa - Inspection found the unpermitted operation was confining 1,050 beef cattle in an open feedlot that discharges into Rush Creek in Monona County. The order requires the operation to cease unauthorized discharges or apply for an NPDES permit within 90 days and construct controls before September 30, 2012.

KM Feeders, Lyons, Kan. - Inspection and file review of the NPDES-permitted feedlot found failures to maintain adequate storage capacity in its lagoons. The order requires the operation to ensure wastewater levels in retention structures are in compliance with its NPDES permit, and provide monthly reports to EPA. Discharges from the feedlot would flow to Dry Creek, which is officially listed by EPA and the State of Kansas as an impaired water because of phosphorous and total suspended solids levels. The feedlot has a permitted capacity of 5,200 cattle and was confining at capacity at the time of the inspection.

McPherson County Feeders, Marquette, Kan. - Inspection and file review of the NPDES-permitted feedlot found failures to maintain adequate storage capacity in its lagoons. The order requires the operation to ensure wastewater levels in retention structures are in compliance with its NPDES permit, install legible staff gauges in its retention structures, and provide monthly reports to EPA. Discharges from the feedlot would flow into Sharps Creek in McPherson County. Sharps Creek is officially listed by EPA and the State of Kansas as an impaired water because of E. coli and total suspended solid levels. The feedlot has a permitted capacity of 13,000 cattle and was confining approximately 8,506 cattle at the time of the inspection.

Knox County Feeders, Bloomfield, Neb. - As part of a compliance evaluation, EPA determined that the open beef feedlot had failed to sample its manure, process wastewater and land application areas as required by the terms of its Nutrient Management Plan (NMP) and its NPDES permit, and was unable to provide adequate records associated with its land applications. Those failures made it impossible to determine application rates for manure disposal, putting nearby surface water at the risk of potentially harmful discharges. The order requires the operation to update its NMP and meet all sampling and recordkeeping requirements of the NMP and NPDES permit. The feedlot has a permitted capacity of 5,000 cattle.

Top of Page

April 27, 2011

Federal Jury Finds that Massachusetts Cranberry Growers’ Filling Wetlands was Subject to Clean Water Act
A federal jury this week found that the Clean Water Act applied to the filling of wetlands and other waters at two properties in Carver, Mass., owned by Charles Johnson, Genelda Johnson, Francis Vaner (“Van”) Johnson, and Johnson Cranberries Limited Partnership (the Johnsons), announced Assistant Attorney General Ignacia S. Moreno of the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Carmen M. Ortiz and EPA Regional Administer H. Curtis Spalding.

The Johnsons filled and altered approximately 46.1 acres of wetlands and other waters in order to construct cranberry bogs and associated structures.

The suit was originally brought by the United States in 1999 at the request of the U.S. Environmental Protection Agency (EPA) to enforce a provision of the Clean Water Act which prohibits the discharge of dredged and fill material into waters of the United States, which include certain wetlands, without first obtaining a permit from the U.S. Army Corps of Engineers.

In 2004, the U.S. District Court ruled that the Johnsons had filled the wetlands and other waters without obtaining a permit. After two appeals and a change in law resulting from a 2006 Supreme Court ruling, the case was given to a jury to decide whether the Clean Water Act applied to the wetlands and other waters at the Johnson properties under new standards set out by the Supreme Court’s 2006 ruling in Rapanos v. United States. On Monday, April 25, 2011, the jury upheld the government’s assertion of jurisdiction.

The prosecution of the case was handled by Assistant U.S. Attorney George B. Henderson of the U.S. Attorney’s Office in the District of Massachusetts, Department of Justice Environment and Natural Resources Division Attorney Jered J. Lindsay, with assistance from EPA.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

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.

Top of Page

October 23, 2009

EPA Cites Unlawful Filling of Wetlands at Wicomoco County, Md. Site
EPA has cited a Millersville, Md. couple and a Millsboro, Del. chicken processing company for unlawfully filling protected wetlands, a violation of the Clean Water Act. EPA cited Andrew and Yvette Hudyma and Mountaire Farms of Delaware for filling in a non-tidal wetland on a property located on the west side of Green Lewis Road, one-half mile from the intersection with New Hope Road, northeast of the town of Willards, Wicomoco County, Md. The site contains an unnamed ditch which flows to the Murray Branch, which flows to the Burnt Mill Branch, which flows to the Pocomoke River, which flows to the Chesapeake Bay.

According to the complaint, the Hudymas wanted to raise chickens on the site and relied on advice from Mountaire Farms that there were no wetlands on the site. During construction of chicken houses in June 2006, an inspector with the Maryland Department of the Environment noted that non-tidal wetlands were located on the property. Under the Clean Water Act, an Army Corps of Engineers permit is required before dredged or fill material may be discharged into wetlands areas. The permit requirement is designed to minimize the destruction of wetlands, which serve a number of critical environmental and economic functions -- including flood control, water filtration, wildlife habitat, and recreation.

According to EPA, the activities of the Hudymas and Mountaire Farms included the filling of approximately 3.64 acres of forested, non-tidal wetlands for the construction of chicken houses. EPA seeks an $82,500 penalty for this alleged violation. The Hudymas and Mountaire Farms may request a hearing to contest the alleged violation and proposed penalty.

Top of Page

August 21, 2009

Tyson Fresh Meats To Pay More than $2 Million for Discharges at Meat Packing Plant
Tyson Fresh Meats, Inc., the world’s largest supplier of premium beef and pork, has agreed to pay a $2,026,500 civil penalty to settle allegations that it violated terms of a 2002 consent decree and a federally-issued pollution discharge permit at its meat processing facility in Dakota City, Neb., the Justice Department and U.S. Environmental Protection Agency (EPA) announced.

In April 2002, Tyson Fresh Meats, known as IBP Inc., until May 2003, entered into a consent decree with the federal government and the Nebraska Department of Environmental Quality to bring wastewater discharges at its facility into compliance with state and federal law. Tyson discharges an average of five million gallons of treated effluent from its Dakota City facility into the Missouri River each day. The 2002 consent decree required IBP to complete a supplemental environmental project, specifically a $2.9 million nitrification system that was intended to reduce the amount of ammonia in its wastewater discharges to the Missouri River. The 2002 consent decree also provided that once the installation of the nitrification system was complete, the United States would begin to enforce certain limits of a new National Pollution Discharge Elimination System (NPDES) permit relating to toxicity and ammonia levels in the facilities treated wastewater discharge.

According to a filing made yesterday in U.S. District Court in Omaha, the government alleges that from July 2003 through March 2004, Tyson failed to properly operate the nitrification system as required by the 2002 consent decree, and as a result, had numerous discharges of fecal coliform and nitrites in violation of its 2002 NPDES permit. Specifically, nitrites in the discharge caused high levels of toxicity to aquatic life in the Missouri River.

"This penalty serves as an example that we take violations of these agreements seriously and we will take appropriate steps to insure that their provisions are followed," said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.

"We expect companies to live up to their settlement obligations, and when they don't, they can expect that EPA will take action to assure compliance," said William Rice, Acting Regional Administrator for EPA’s Region 7.

Top of Page

July 14, 2009

EPA Orders Two Oklahoma Companies To Stop Discharging
EPA has issued a cease and desist administrative order to Murphy Products Inc. and the Oklahoma National Stock Yards Company, both of Oklahoma City, for violations of the federal Clean Water Act. The order specifically addresses a compost facility which is operated by Murphy Products on property owned by the National Stock Yards. The facility is located southeast of the intersection of I-40 and I-44 in Oklahoma City and includes a composting system which incorporates animal manure from the stock yards. On June 22 and 23, 2009, inspectors from EPA and the Oklahoma Department of Agriculture, Food and Forestry (ODAFF), observed the potential for unauthorized discharges from the compost facility directly into the Oklahoma River.

“EPA will continue to vigorously enforce our nation’s environmental laws through effective compliance assistance and a strong enforcement program,” said EPA Region 6 Compliance Assurance and Enforcement Division Director John Blevins. “Environmental responsibility is everyone’s responsibility.”

“On July 1, 2009, ODAFF issued an Emergency Cease and Desist Order to Murphy Products to stop all conditions which may lead to a discharge of pollutants to the waters of the State, including the Oklahoma River. ODAFF is pleased to work with EPA in joint enforcement actions such as this to stop potential pollution from agricultural sources in Oklahoma,” said Terry Peach, Oklahoma’s Secretary and Commissioner of Agriculture.

Based on these findings, Murphy Products, Inc. and the Oklahoma National Stock Yards Company have been ordered to cease all discharges of pollutants from the compost system, and within 30 days submit to EPA and ODAFF a plan and schedule of actions that will ensure that all run-off from the compost facility does not discharge to the Oklahoma River.

Top of Page

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.

Top of Page

June 9, 2009

EPA Orders Allrounder Dairies To Stop Discharging
EPA has issued cease and desist administrative orders to the Allrounder I and II Dairies in Hopkins County, Texas, for violations of the federal Clean Water Act.

On May 19, 2009, an EPA inspection of the Allrounder I Dairy, located about 18 miles east of Sulphur Springs and on the south side of County Road 3310, found solid manure build-up accumulating on the surface suggesting its manure lagoon lacks adequate capacity for the number of animals currently allowed by their permit. The inspection also revealed the mortality management area was improperly located, operated and maintained. The area is located in a wetland area and drains to Stouts Creek. Numerous carcasses were observed floating, uncovered and partially exposed and in various stages of decomposition.

On May 18 and 19, 2009, an EPA inspection of the Allrounder II Dairy, located about 19 miles east of Sulphur Springs and southwest of the intersection of County Roads 3378 and 3385, found discharges of manure and contaminated water in several locations along the west berm of the facility’s lagoon and into a tributary of Stouts Creek. The inspection also revealed the mortality management area was improperly located, operated and maintained similar to conditions observed at the Allrounder I Dairy.

Silage piles at the dairies are located outside designated drainage areas of the lagoons and are considered feedstock material. Runoff from the piles is required to be collected in the lagoons but was observed discharging to Stouts Creek.

Based on these findings, the dairies have been ordered to cease all discharges of pollutants, and within 30 days remove stockpiled manure from drainage areas and land apply or relocate the piles to an area that will ensure runoff is captured in an approved lagoon.

The dairies have also been ordered to excavate and relocate their mortality management areas to an approved location that is not in a wetland and does not discharge to a wetland or waterway, and provide to EPA and the Texas Commission on Environmental Quality (TCEQ) current certification of no hydrologic connection for the lagoons.

Within 90 days, the dairies must provide to EPA and TCEQ a plan and schedule of actions that will ensure all runoff from the production areas drain to an approved lagoon and ensure than all runon and runoff from silage storage piles are collected and stored in an approved lagoon.

The dairies have been given 120 days to submit to EPA and TCEQ a certified summary of all completed items and photographs to document completed work.

Top of Page

June 8, 2009

Court Grants EPA 2-Year Stay in National Cotton Council et al v. EPA
The Sixth Circuit of Appeals ruled that residuals of chemical pesticides and biological pesticides are pollutants regulated under the Clean Water Act and has recently stayed the effective date of its decision until April 9, 2011. As a result of the ruling, anyone who applies a pesticide in, over, or near waters of the United States will need to be covered by a permit issued under the Clean Water Act after this effective date. Irrigation return flows and agricultural runoff will not require Clean Water Act permits as they are specifically exempted from the Clean Water Act. EPA plans, before the ruling takes effect, to issue general permits under the Clean Water Act for covered pesticide applications, to assist authorized states to develop their permits, and to provide outreach and education to the regulated community. EPA will work closely with state water permitting programs, the regulated community and environmental organizations in developing general permits that are protective of the environment and public health.

Top of Page

April 1, 2009

EPA Issues CWA Violation Notice to a Northern California Farm
EPA has issued a violation notice and compliance order to Patrick Ricchiuti, president of P.R. Farms, following the discovery of the grower's illegal expansion into the Fresno River. Ricchiuti bypassed flood control levees, illegally filling an area approximately 2,300 feet long and 45-250 feet wide and encroaching more than seven acres into the Fresno River.

EPA has ordered Ricchiuti to immediately remove all unauthorized fill material and restore the levee in accordance with the specifications of the Fresno River flood control project.

"This action will protect the Fresno River from illegal encroachments," said Alexis Strauss, Water Division director for the EPA's Pacific Southwest region. "We shall oversee restoration of the site and ensure compliance with the Clean Water Act."

Ricchiuti owns assessor's parcel numbers 033-160-001 and 033-160-002, near Avenue 16 and Road 21 in Madera County, California. The Fresno River forms the southern boundary of the property and is an integral part of a flood control project overseen by multiple federal, state, and local authorities.

EPA, along with state and county inspectors, inspected the site after receiving information that the property owner had filled in the bed and bank of the Fresno River. During their investigation, inspectors observed that earthen material had been placed within the Fresno River to create a new levee and fill area along the northern bank of the River, and that an asphalt road and an orchard had been placed on top of the fill area.

Ricchiuti placed dredged and fill material into the Fresno River without a Clean Water Act section 404 permit from the U.S. Army Corps of Engineers. The permit program, which is co-administered by the Corps and EPA, regulates the filling of federally-protected waterways and wetlands to ensure that proposed projects would cause the least environmental harm and be protective of the public. Unauthorized encroachments such as Ricchiuti's can exacerbate flooding potential and damage important flood control infrastructure. Persons who fill federally protected waterways and wetlands without the requisite Clean Water Act permit could face a daily penalty of up to $37,500.

The Fresno River, which is approximately 68 miles long, is a major tributary of the San Joaquin River. Flows in the reach of the Fresno River along the property are regulated by releases from Hidden Dam and augmented by storm events between October and March and periodic agricultural return flow. The Fresno River flows either directly or via the Chowchilla Canal Bypass to the San Joaquin River, which flows to the Sacramento-San Joaquin River Delta and then San Francisco Bay and the Pacific Ocean.

Top of Page

March 25, 2009

EPA Orders Restoration of Slick Creek in Worland, Wyoming
EPA has issued a compliance order to David Hamilton for violations of the Clean Water Act in Worland, Wyo. Hamilton allegedly violated the Act by discharging material into Slick Creek and its adjacent wetlands without a permit. Slick Creek and its wetlands are tributaries to the Bighorn River.

"Mr. Hamilton's actions disturbed Slick Creek and its adjacent wetlands' ability to provide wildlife habitat for birds, mammals, reptiles and amphibians; enhance the quality of an already impaired water body; and reduce the force of flood waters," said Diane Sipe, Director of EPA Region 8's Water Enforcement Program. "EPA's water enforcement program is working to restore the damage caused to the Creek and its wetlands and will continue to pursue enforcement action against those who violate laws that protect our national waters."

In the fall of 2005, Mr. Hamilton or persons acting on his behalf rerouted and channelized approximately 4,100 feet of Slick Creek, discharged material into its adjacent wetlands, and filled the original channel without first obtaining a permit from the U.S. Army Corps of Engineers, which is required by the Clean Water Act.

EPA order requires Mr. Hamilton to restore the impacted areas to pre-impact conditions and grade. Prior to doing the work, Mr. Hamilton must submit for EPA's approval a plan that details how the restoration will be accomplished. Failure to respond to EPA orders subjects individuals to additional enforcement.

Top of Page

February 27, 2009

Bayer Crop Science To Pay Penalty for Environmental Violations
Bayer CropScience will pay a $112,500 penalty and spend more than $900,000 for environmental projects to settle a wide range of environmental violations at its chemical plant in Institute, West Virginia, EPA announced today.

The violations stem from a series of EPA inspections in 2001, when the facility was owned by Aventis CropScience USA. The violations are unrelated to the explosion and fire at the facility last August.

EPA inspectors identified violations of five different environmental laws designed to limit air and water pollution and protect the public from hazardous chemical leaks and spills. These violations included 35 instances between 1999 and 2001 when chemicals discharged through water violated permitted limits. The company also failed to properly monitor water discharges and failed to update equipment in accordance with best management practices.

Other violations included: not properly labeling chemical storage containers; not properly disposing of wastewater sludge; not maintaining records associated with the use of oil; and not properly following the plant's own waste analysis plan. The facility was also cited for not properly notifying the National Response Center as soon as it had knowledge of the release of carbosulfan on Feb. 5, 2001.

Environmental improvement projects under the settlement require Bayer CropScience to donate equipment and funding to the Kanawha Valley Emergency Preparedness Center and three local fire departments to support training and emergency response. The agreement also requires Bayer CropScience to upgrade its wastewater treatment facilities to improve monitoring and reduce pollution discharges. As part of the settlement, Bayer CropScience neither admits or denies the allegations.

Top of Page

February 10, 2009

EPA Issues Administrative Orders to Arkansas Egg Company
EPA has issued administrative orders to three Arkansas Egg Co. facilities in Arkansas for violations of the Clean Water Act.

The facilities, Blair Farm in Benton County, and Summers Farm and Appleton Farm, both in Washington County, were found to be out of compliance with their Clean Water Act discharge permits.

In February 2008, EPA and Arkansas Department of Environmental Quality (ADEQ) inspectors observed that all three facilities had used chicken litter in amounts exceeding those designated in their waste management plans. The facilities had also failed to operate their liquid animal waste collection and containment systems properly. Summers and Blair Farms were also cited for failure to dispose of dead animals appropriately and maintain their carcass incinerators. Additionally, the Appleton Farm had failed to maintain the required 35 feet setback distance from streams at waste application sites.

Other violations noted included failure to maintain proper levels in waste collection systems, failure to maintain records indicating locations of fields where animal waste has been applied, and failure to properly dispose of liquid and solid animal wastes.

Based on these findings, EPA has ordered Arkansas Egg Co. to immediately remove all animal carcasses, begin utilizing proper carcass incineration and liquid waste procedures, properly remove non-contained liquid manure, and initiate application of liquid and solid wastes to land application as required by their discharge permits and waste management plans.

Arkansas Egg Co. has also been ordered to provide maps of all owned or leased liquid animal waste or solid waste application fields showing field locations, soil sample analyses for the last five years, cropping schemes, copies of calculations used for waste application, applications records, and liquid and solid manure sample analysis.

Top of Page

January 26, 2009

Oregon CAFO Owner Agrees To Pay Penalty To Settle Clean Water Act Violations
John Bezates has agreed to pay an $8,000 penalty to settle Clean Water Act discharge violations at his Concentrated Animal Feeding Operation. According to the U.S. Environmental Protection Agency (EPA), the violations occurred at Bezates Feedlot located in Ontario, Oregon.

During an inspection of Bezates Feedlot operations in January 2008, EPA and Oregon Department of Agriculture (ODA) inspectors documented animal wastes flowing from confinement pens into Jacobsen Gulch Creek, a tributary to the Snake River. This discharge violated a National Pollutant Discharge Elimination System (NPDES) permit issued to Bezates by the State of Oregon. This was Mr. Bezates' first known violation of the CWA, and he has since corrected the discharge problem with the help of ODA.

According to Lauris Davies, EPA acting Director, Office of Compliance and Enforcement in Seattle, this inspection was a part of a nationwide effort to put in effect a national priority focus on Concentrated Animal Feeding Operations, particularly those discharging wastewater into impaired waterbodies. In Oregon, ODA has been instrumental in this effort and has shouldered the bulk of the follow-up efforts to ensure compliance.

"When Concentrated Animal Feeding Operations fail to take proper precautions, including obtaining necessary wastewater discharge permits, their manure laden runoff can pollute our creeks, rivers and streams," said EPA's Davies.

Concentrated Animal Feeding Operations continue to be a leading source of water quality impairment in the U.S. Consolidation trends in the livestock industry have resulted in larger-sized operations that generate about 500 million tons of manure annually.

Top of Page

January 8, 2009

Agricultural Producer Agrees To Pay U.S. EPA Fine and Plans To Restore Damaged Creek
The U.S. Environmental Protection Agency has signed an agreement with Muranaka Farms, Inc., requiring the Moorpark, Calif., firm to pay a fine of $75,000 for discharging dredged or fill materials into the Calleguas Creek without a Clean Water Act permit.

"This agreement, together with successful restoration of the damaged site, will allow Muranaka Farms, Inc. to come into compliance with the Clean Water Act," said Alexis Strauss, director of the EPA's Water Division for the Pacific Southwest. "We at EPA will continue to focus on restoration of Calleguas Creek and protection of our coastal environment."

Between February and September 2005, Muranaka Farms, Inc. constructed a berm and agricultural field within and adjacent to Calleguas Creek at a farm located at 11018 E. Los Angeles Ave. in Moorpark. The Clean Water Act prohibits the placement of dredged or fill materials into rivers, tributary streams and other waters of the United States without a permit from the U.S. Army Corps of Engineers.

EPA issued an administrative order on November 7, 2007, requiring Muranaka Farms, Inc. to restore the area that it cleared and graded, which resulted in the unauthorized discharges into Calleguas Creek in Ventura County, California. To date, Muranaka Farms, Inc. has complied with the order and has submitted a plan to restore nearly 18 acres in Calleguas Creek to be implemented later this year.

Top of Page

January 7, 2009

2006 Final Rule on Aquatic Pesticides Vacated
On January 19, 2006, EPA received petitions for review of the Aquatic Pesticides rule from both environmental and industry groups. The case was assigned to the Sixth Circuit Court of Appeals. On January 7, 2009 the court held in National Cotton Council, et al, v. EPA, that the final rule was not a reasonable interpretation of the CWA and vacated the rule.

The court's decision, which applies nationally, is effective when the mandate takes effect. The mandate takes effect seven days after the deadline for rehearing expires or seven days after a denial of any petition for rehearing. Parties have until April 9, 2009 to seek rehearing. The Agency, working with DOJ, is reviewing the opinion and considering next steps. Pending the effective date of the court's decision, the final aquatic pesticides rule remains in effect and permits are not required for the application of pesticide products in accordance with the product's Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) label.

While EPA is evaluating the complete implications of the Court's decision, it is clear that once the mandate takes effect, NPDES permits will be required for pesticides applied directly to water to control pests and/or applied to control pests that are present in, over or near waters. Irrigation return flows and agricultural runoff will not require NPDES permits as they are specifically exempted from the CWA.

EPA recognizes that spring planting season is just around the corner and the Agency is committed to finding interim and long-term approaches that are both realistic and protective of the environment and public health. Twenty-three states have pesticide permitting programs and the Agency is evaluating these programs for possible national application.

Top of Page

December 30, 2009

EPA Issues Administrative Complaint to Moo Town Dairy
The Environmental Protection Agency (EPA) issued an administrative complaint and proposed a civil penalty of $157,500 to Moo Town Dairy near Sulphur Springs, Texas, for violations of the Clean Water Act.
The dairy, located about six miles southeast of Sulphur Springs, on the west side of County Road 2321, is a Concentrated Animal Feeding Operation (CAFO). The violation alleged is for an unauthorized discharge of pollutants to an unnamed creek, a tributary of Running Creek, which eventually discharges to Lake Fork Reservoir. The discharges resulted from improper operation and frequent overflow of a manure collection pit, storm water runoff from an open lot, a carcass disposal area, commodity storage barns, and silage bunkers.
"EPA will continue to vigorously enforce our nation's environmental laws through a strong enforcement program," said EPA Regional Administrator Richard E. Greene. "When these facilities fail to follow the rules, immediate actions will be taken to ensure compliance with the law."
In October 2007, inspectors from EPA and the Texas Commission on Environmental Quality (TCEQ) conducted an inspection of the facility. The inspection revealed numerous permit violations, including unauthorized discharges of pollutants to waters of the United States.
On November 26, 2007, EPA issued a cease and desist administrative order which required the dairy owner to address the permit violations identified during the October 2007 inspection.
EPA and TCEQ inspectors conducted a follow-up inspection of the facility in June 2008. The inspection revealed that the facility had not addressed many of the violations identified during the previous inspection in October 2007. The new violations include continued unauthorized discharge of pollutants to waters of the United States due to improper operations and overflow of a manure collection pit.
On June 27, 2008, EPA issued a real-time cease and desist administrative order requiring the facility to immediately stop all unauthorized discharges of pollutants originating from the improperly managed and overflowing manure collection pit. The order also requires that all wastewater from the silage bunkers and commodity storage area drain to storage lagoons and the clean up of all areas where polluted water has pooled, including the facility property and the adjacent property to the west through which the unnamed tributary flows.
Based on these findings, EPA has proposed to assess a civil penalty of $157,500, and orders the owner and operator of the Moo Town Dairy to immediately take action to bring the facility into compliance with the Clean Water Act.

Top of Page

December 15, 2008

EPA Orders Restoration of Damaged Section of Left Hand Creek in Longmont
The U.S. Environmental Protection Agency has issued a compliance order to Lawrence Germann for violations of the Clean Water Act in Longmont, Colo. Germann allegedly violated the Act by excavating and placing material in Left Hand Creek without a permit. The order requires Germann to correct the environmental damage resulting from these unauthorized activities. Left Hand Creek flows perennially and is a tributary to St. Vrain Creek.

EPA's order is based on actions that occurred during April and May of 2008, when Germann, or persons acting on his behalf, partially constructed a new channel and placed a 5 to 8-foot wide swath of material into 300 feet of the existing channel of Left Hand Creek. Germann did not obtain a permit from the U.S. Army Corps of Engineers prior to performing this work.

"Left Hand Creek provides important functions including aquatic and wildlife habitat, flood attenuation, groundwater recharge, recreation and aesthetics," said EPA's Enforcement Director in Denver, Mike Gaydosh. "EPA's goals are to secure the restoration of this section of the Creek and to deter future violations of laws that protect the integrity of Colorado's waters."

The EPA order requires Germann to remove all discharged material and restore the impacted areas to pre-impact conditions and grade. Prior to doing the work, Germann must submit a restoration plan that details how the removal and restoration will be accomplished. Respondents who fail to respond to EPA orders are subject to additional actions, including civil enforcement lawsuits filed by the U.S. Department of Justice in federal court.

Germann should have contacted the Corps to obtain a permit prior to commencing his activities. Permits are required before performing any work that results in material being excavated from or placed into rivers, lakes, streams, and certain wetlands. Any person planning to do such work should contact the U.S. Army Corps of Engineers' Denver Regulatory Office at 9307 South Wadsworth Ave., Littleton, CO, 80128-6901 or telephone 303-979-4120.

Top of Page

November 6, 2008

Damages to Rock Creek from Discharged Material Result in $35,000
Kenneth L. Schell and Twin Peaks Excavating, Inc. of Erie, Colo., have agreed to pay a civil penalty of $35,000 for alleged unauthorized discharges of excavated material to Rock Creek.

The alleged violations of the Clean Water Act occurred during the spring of 2007, when Schell and Twin Peaks excavated a new stream channel in Rock Creek and filled adjacent wetlands and approximately 150 feet of the original channel. Schell and Twin Peaks did not obtain a permit from the U.S. Army Corps of Engineers prior to performing this work. These actions occurred on the City of Lafayette's open space property and were performed without the City's permission or knowledge.

"EPA is taking this action to protect Colorado's water resources and to deter future violations of federal laws," said Mike Gaydosh, EPA's Assistant Regional Administrator for Enforcement in Denver. "Waters such as Rock Creek provide a variety of functions, including flood control, groundwater recharge, pollutant filtering, and habitat for plants and animals. To maintain those functions, it is imperative that those undertaking activities that alter Colorado's waters and wetlands secure a permit for their actions."

In December of 2007, EPA issued a compliance order which required Schell and Twin Peaks to correct the environmental damage and restore the impacted creek and wetlands. In March of 2008, EPA approved Schell and Twin Peaks' restoration plan which is being implemented in accordance with an approved schedule.

Top of Page

October 23, 2008

Northern California Construction Company Ordered To Restore Damaged Wetlands
EPA has ordered Dennis Wendt and Wendt Construction to restore sensitive wetlands near the Eel River that the company illegally graded and filled during construction activities at its housing development site in Fortuna, California.

The order requires the company to remove soil and other fill, restore wetland habitat, including vegetation with native species, implement measures to control sedimentation and erosion of bank areas, and obtain a permit for any future discharges to wetlands. The company must also implement a five-year monitoring program and submit annual monitoring reports to the EPA.

"EPA is committed to protecting our valuable rivers and streams from unauthorized filling and dumping," said Alexis Strauss, the EPA's Water Division director for the Pacific Southwest region. "Strongs Creek supports a critical habitat for a very diverse fish population, including rare and threatened species, such as Coho salmon and steelhead trout."

In late September 2007, the U.S. Army Corps of Engineers inspected the property and discovered that Wendt Construction was filling and grading the wetlands along Strongs Creek, which leads to the Eel River. The Corps ordered the company to immediately stop unauthorized activities and remove the fill material by May. The company failed to comply with the order.

EPA, along with the Corps and the North Coast Regional Water Quality Control Board, investigated the site in January and discovered significantly disturbed vegetation and soil surfaces throughout the property and fill material within the wetlands.

Top of Page

September 11, 2008

California Tribe Agrees To Restore Damaged Klamath River Wetlands
EPA has entered into a consent order with the Coast Indian Community of the Resighini Rancheria that requires the tribe to restore approximately 15 acres of willow forest it cleared that caused unauthorized discharges to wetlands adjacent to the Klamath River in Northern California.

In December 2006 and January 2007, the Resighini Rancheria placed fill material without a permit into wetlands adjacent to the Klamath River just east of the Highway 101 bridge crossing in Del Norte County.

"We’re taking action to benefit the Klamath River and its local communities -- restoring a willow forest that serves to lessen the severity of floods, filter pollutants, and provide habitat and nutrients for several native fish species, including coho and steelhead salmon,” said Alexis Strauss, director of the EPA’s Water Division for the Pacific Southwest. “The EPA is committed to working with the tribe to enforce federal laws to protect these valued resources.”

The Clean Water Act prohibits the placement of dredged or fill materials into wetlands, rivers, streams and other waters of the United States without a permit from the U.S. Army Corps of Engineers. The tribe agreed to begin restoring the wetlands within 90 days, submit quarterly progress reports, and submit annual monitoring reports to the EPA once the work is completed.

The Klamath River Basin, which covers 10.5 million acres in southern Oregon and Northern California, is home to six federally-recognized tribes and several National Wildlife Refuges, parks and forests. The Klamath Basin has resource issues including water allocation, water quality, and threatened and endangered species. The Klamath River is the third-largest producer of salmon on the West Coast, following closely behind the Sacramento and Columbia rivers.

Top of Page

September 8, 2008

Aberdeen Landowner Fined $14,000 for Wetland Violations
Jack Thompson and Thompson Leasing Company Inc. of Aberdeen, Washington have agreed to pay the U.S. Environmental Protection Agency (EPA) a $14,000 penalty to resolve allegations that the company illegally filled wetlands without a Clean Water Act permit. According to EPA, in July 2003, Thompson filled 1.5 acres of wetlands on his property adjacent to the Wishkah River in Aberdeen. Thompson failed to obtain the required Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers before performing the work.

In the fall of 2007, Mr. Thompson removed the fill from the wetlands on his property and began replanting the site under EPA direction. EPA continues to monitor the site to determine if the wetland restoration will be successful.

According to Tom Eaton, EPA's Washington Operations Director in Olympia, construction in wetlands must be avoided if at all possible, but if not avoidable, then Section 404 Clean Water Act permits must be obtained first to minimize impacts to the environment. "This is especially important in areas like the Wishkah River watershed where so many wetlands have already been lost," said Eaton. "Wetlands like these help prevent flooding, stabilize river flows and provide valuable habitat for salmon and other threatened and endangered wildlife in Washington."

Top of Page

September 4, 2008

Vermont Dairy Farmers Pay Consequences for Filling 41 Acres of Wetlands
The owners of the Richford, Vt. Pleasant Valley Farm, Mark and Amanda St. Pierre, will pay a significant penalty, restore damaged wetlands, and perform additional environmental projects under the terms of a settlement with EPA and the U.S. Dept. of Justice for converting 41 acres of wetlands to corn and hay production areas on their dairy farm.

An EPA investigation concluded that the dairy farmers filled slightly more than 40 acres of wetlands between 1998 and 2002, during the course of expanding forage acres to support their dairy herd. The St. Pierres did not seek or obtain environmental review of or permits for these actions, violating the federal Clean Water Act by illegally discharging dredged and fill material into approximately 41 acres of wetlands and a stream.

"Losing more than 40 acres of wetlands in New England is significant," said Robert W. Varney, regional administrator of EPA’s New England office. "Wetlands are incredibly productive and important ecological areas. All property owners can be good stewards of the land by following appropriate steps before altering wetlands, to ensure that these valuable areas are protected."

Undisturbed wetlands provide many environmental benefits, including wildlife habitat, groundwater discharge and recharge areas, sediment and toxin removal and flood water storage. The wetlands filled were located in the watersheds of the Missisquoi and Pike Rivers, both of which flow into Lake Champlain. These wetlands likely helped stabilize stream banks, detained nutrients and sediments, filtered pollutants and helped absorb flood waters.

The St. Pierres’ violation was more than double the largest permitted fill in Vermont in almost fifteen years. Under the settlement with EPA and DOJ, the St. Pierres will pay a civil penalty, restore most of the damaged wetlands, restore additional areas as compensatory mitigation, and perform a supplemental environmental project. The combined value of the penalty restoration, compensatory mitigation, and supplemental environmental project exceeds $100,000.

The settlement requires complete restoration of approximately 29 acres of wetlands, while allowing the St. Pierres to retain approximately 12 acres of wetlands that had been converted to hay fields at several different sites in the course of squaring off existing hay fields and where the impacts of converting the wetlands were minimal. The St. Pierres must provide compensatory mitigation for the acreage that will not be restored, including restoration of wetlands – currently in corn production – within the floodplain of the Pike River.

Further, the supplemental project under the settlement will require the St. Pierres to restore approximately 9.4 acres of wetlands – currently in corn production and adjacent to the Missisquoi River – which are next to two of the sites filled by the St. Pierres. The settlement also requires these additional restored areas to be protected through a conservation easement.

Top of Page

September 3, 2008

EPA Orders Illinois Dairy To Stop Discharges, Apply for Permit
EPA Region 5 has ordered Mondt Dairy Farm in Aviston, Illinois to stop discharging stormwater and process wastewater, apply for a wastewater discharge permit from Illinois Environmental Protection Agency, and come into compliance with the Clean Water Act.

Mondt Dairy Farm is a medium-sized confined animal feeding operation (CAFO) with a capacity for 350 cows. EPA conducted a flyover and subsequent inspection of the dairy and found several violations of the Clean Water Act. EPA determined the need for a wastewater discharge permit and the installation of waste containment structures to prevent the discharge of process wastewater to Sugar Creek.

Stormwater run-off and production area discharges from CAFOs typically contain very high levels of nutrients and pathogens that can pose a threat to public health and harm aquatic life. The Clean Water Act requires CAFOs that discharge to obtain and comply with Clean Water Act permits.

Top of Page

August 27, 2008

Alaskan Seafood Processor Fined $38,000 for Polluting the Kenai River
Salamatof Seafoods Inc. (Salamatof), an Alaskan seafood processor plant located in Kenai, Alaska has agreed to pay a $38,000 penalty to settle alleged federal Clean Water Act violations. The Salamatof plant was inspected by EPA and the Alaska Department of Environmental Conservation in 2002, 2005 and 2006 and cited for violations of the company’s National Pollutant Discharge Elimination System (NPDES) permit. The plant discharges seafood processing wastewater into the Kenai River which flows into Cook Inlet.

The alleged violations included:

According to Kim Ogle, Manager of EPA’s NPDES Compliance Unit in Seattle, it is extremely important for seafood processors like Salamatof to continuously monitor their facility operations. "In impaired waters like the Kenai River, it is especially critical that Salamatof and other processors comply with the NPDES permit” said Ogle. “Discharges from seafood processors can have a large impact in Alaskan waters and these permits help to protect these resources.”

Top of Page

August 7, 2008

EPA Orders Texas Feeding Operation To Stop Discharge of Pollutants
EPA has issued a cease and desist administrative order to Mark Allen and Vernon Feeders in Vernon, Texas, for violations of the federal Clean Water Act. The cattle feeding operation, a non-permitted Concentrated Animal Feeding Operation (CAFO), is located in Vernon, off Highway 287, in Wilbarger County, Texas. The facility has been ordered to immediately stop all discharges of pollutants in storm water runoff from its animal confinement areas to Paradise Creek. The cattle feeding operation has been given 45 days to provide to EPA documentation that it has adequate capacity to contain all waste and process-generated wastewater plus storm water generated during a 25-year, 24-hour storm event. The facility has also been given 45 days to develop and implement a pollution prevention plan that includes procedures specifically designed to minimize the discharge of pollutants from its animal confinement areas.

In June 2008, EPA conducted an unannounced inspection of the facility. The inspection revealed that this facility is not properly designed, constructed, and operated to contain all waste and process-generated wastewater plus storm water runoff. The inspection also revealed an unauthorized discharge to Paradise Creek, a tributary of the Pease River. Paradise Creek flows about half-a-mile before it discharges to Pease River, which eventually discharges to the Red River. Based on these findings, the owner and operator of the cattle feeding operation has been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

Top of Page

August 7, 2008

EPA Orders Texas Dairy To Stop Unauthorized Discharges
EPA has issued a cease and desist administrative order to Ray Hoffman, Jr. Dairy in Windthorst, Texas, for violations of the federal Clean Water Act. The dairy, an unpermitted Concentrated Animal Feeding Operation (CAFO), is located about five miles west of Windthorst, off Highway 25, about one-half mile south on Munchrath Road, in Archer County, Texas. The facility has been ordered to immediately stop all discharges of pollutants from its lagoon to waters of the United States. The dairy has been given 45 days to provide to EPA documentation that the facility has adequate lagoon capacity to contain all waste and process-generated wastewater plus storm water runoff during a 25-year, 24-hour storm event. The facility has also been given 45 days to develop and implement a pollution prevention plan that will include procedures for the proper utilization of nutrients generated by the dairy, proper disposal of dead animals and the proper maintenance of records, especially records documenting wastewater levels in the lagoon to minimize lagoon overflows.

In April 2008, EPA inspected the facility and determined that it did not have CAFO permit coverage. The inspection also revealed an unauthorized discharge from the dairy that entered an unnamed creek that traveled about one mile before entering Little Onion Creek. Little Onion Creek flows about three miles before it enters Onion Creek, which discharges into the Little Wichita River. The Little Wichita River flows about seven-and-one-half miles before discharging into Lake Arrowhead. Based on these findings, the owner and operator of the dairy has been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

Top of Page

August 5, 2008

Landowner Faces Penalties for Damaging Alaskan Wetlands and Streams
Mr. David R. Sweezey is facing penalties from EPA for illegally filling wetlands and streams on his Anchorage, Alaska property. By filing its Clean Water Act complaint against Mr. Sweezey, EPA can now seek penalties of up to $32,500 per day of violation and administrative penalties of up to $11,000 per day for each violation.

In July 2003, Mr. Sweezey used heavy equipment to clear, grade, and fill wetlands and streams to create a pond on his property without first obtaining a required Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers. Mr. Sweezey’s actions seriously damaged 300 linear feet of nearby stream channels and 0.5 acres of wetlands on his property. This Site is adjacent to Craig Creek which drains into Cook Inlet. In May 2005, EPA issued a Compliance Order to Mr. Sweezey requiring him to restore the streams and wetlands on site. Since 2005, Mr. Sweezey has refused to restore the streams and wetlands, even after multiple attempts by EPA to comply and repair the damage. According to Greg Kellogg, EPA Alaska Operations Office Deputy Director, because Mr. Sweezey has failed to cooperate and restore the damaged wetlands and streams, EPA has decided to pursue penalties in this case.

"Alaska’s wetlands aren't just valuable habitat for fish and wildlife, they contribute substantially to Alaska’s economy," said Kellogg. "Wetland construction should only be undertaken with great care after securing the necessary permits from the U.S. Army Corps of Engineers,” said Kellogg. “If you work in wetlands, you must obey the law or you will face fines.”

Top of Page

July 28, 2008

Property Owner and Contractor Ordered To Restore Filled Wetland
The owner of a 590-acre parcel of land located off of Lane Road in Barre, Massachusetts and his contractor have been ordered by EPA to restore 2 acres of wetlands which they dredged and filled without a permit in violation of the federal Clean Water Act. The owner of the property, Joseph Duhamel, and his contractor, John Amidio, illegally discharged dredged and filled materials into the wetlands at the site in 2004. Approximately 2 acres of wetlands were cleared, grubbed, and excavated; and sand and gravel was removed for the purposes of extracting sand and gravel material for Mr. Amidio's use, and the creation of a private pond for Mr. Duhamel's use.

Under the order, Mr. Duhamel and Mr. Amidio will be required to restore an area of altered wet meadow/shrub wetlands, and to restore another portion of the altered area to a terraced pond with surrounding wet meadow and shrub wetlands. These actions will help to restore the wetland functions that were previously served by the wetlands before they were altered. The 2 acres of wetlands that were filled and altered by Mr. Duhamel and Mr. Amidio were part of a larger wetland complex that provided flood storage, wildlife habitat, nutrient removal and transport and sediment trapping functions.

"Protecting wetlands and waters is a critical piece of protecting New England's ecosystems," said Robert W. Varney, regional administrator for EPA's New England Office. "Wetlands can act as a natural sponge to store waters during flood events, such as the ones experienced this summer in New England, and help to prevent pollutants from reaching our waterways."

Wetlands also 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.

EPA coordinated with the Corps of Engineers, the Massachusetts Department of Environmental Protection, and the Barre, Massachusetts Conservation Commission to resolve this case. Mr. Duhamel and Mr. Amidio have both been cooperative in agreeing to conduct the restoration.

Top of Page

July 15, 2008

Landscaping Business Fined $12,300 After Misused Pesticides Reach Northern California Waterway
EPA has fined a Houston-based landscaping service company $12,300 for causing two pesticides to enter a tributary of the Klamath River after employees failed to follow pesticide label instructions -- violations of the Federal Insecticide, Fungicide and Rodenticide Act and the Clean Water Act. In April 2007, Trees, Inc. sprayed pesticides Direx 4L and Garlon 4 in a pool of water abutting Junior Creek, which feeds into the Klamath River on the Resighini Rancheria tribal lands in Northern California. Both pesticide labels prohibit applicators from applying the products directly to water or to areas where surface water is present.

“Klamath River watershed, from the Oregon border to the Pacific Ocean, supports several native fish species, including coho and steelhead salmon,” said Alexis Strauss, director of the Water Division for the Pacific Southwest region. “The EPA is committed to working with the tribe and California to enforce federal laws to protect these valued resources.”

The Resighini Rancheria notified the EPA of the violations, who then investigated the company’s pesticide application. The tribe provided the EPA with water sampling and testing results, which later showed both pesticides had entered Junior Creek.

Pesticides that are registered for use in the United States must include labeling that provides directions for use and other information necessary to protect human health and the environment. FIFRA requires that pesticide applicators comply with labeling directions during commercial pesticide applications to protect workers, the surrounding community and the environment

The CWA requires companies that discharge into waterways to obtain a pollutant discharge permit, which contain limits on discharges, monitoring and reporting requirements, and other provisions to ensure that water quality and human health are protected. By not following label directions and allowing the pesticides to reach the stream, Trees, Inc. also violated the CWA in lacking a permit to discharge.

Top of Page

June 17, 2008

Owners of Maine Vacation Parcel Face EPA Fine for Filling Wetland
Robert and Gayle Greenhill, owners of more than 3,200 acres of land on the western shore of Moosehead Lake, face a possible EPA fine of up to $157,500 for filling 1.5 acres of freshwater wetlands on their property. The filling of wetlands, which occurred during the expansion of an existing private airstrip and the development of a rock quarry, is a violation of the federal Clean Water Act and other federal requirements designed to protect wetlands. This is the second violation of wetlands protections in the federal Clean Water Act by the Greenhills. In 1997, the Greenhills constructed a trout pond on the property, altering approximately 0.4 of an acre without first seeking a permit from the Army Corps of Engineers, as required by the federal Clean Water Act. The Greenhills also did not apply for the necessary permit for the current violation

Prior to the most recent work, which took place between mid-2001 and 2005, the disturbed site consisted of a mosaic of evergreen and deciduous forest which contained freshwater wetlands. The projects that disturbed freshwater wetlands included a 985 foot extension on the western end of an existing runway, and the development of a rock quarry off the eastern end of the existing runway. These activities resulted in the clearing, grubbing, grading, and filling of several segments of forested wetlands – totaling 1.5 acres – on the site.

"Wetlands are incredibly productive and important ecological areas," said Robert W. Varney, regional administrator of EPA’s New England office. "The permit application process ensures that the impacts of development on wetlands are avoided or minimized, and that unavoidable impacts are compensated for. All landowners – whether real estate developers or the owners of a vacation retreat – are required to follow appropriate steps before altering wetlands, to ensure that these valuable areas are protected."

Undisturbed wetlands provide many environmental benefits, including wildlife habitat, groundwater discharge and recharge areas, sediment and toxin removal and flood water storage. The wetlands filled were part of larger forested complexes and directly abutted two unnamed tributaries which flow to Moosehead Lake.

Under a related Administrative Order issued by in January 2006, the Greenhills are required to restore approximately one acre of the filled wetlands, and to conduct compensatory mitigation by creating wetlands at another half acre. The restoration and mitigation work is ongoing.

Top of Page

May 15, 2008

Massachusetts Race Course Ordered To Reduce Bacterial Waste in Stormwater
EPA has ordered the Suffolk Downs horse racing track of East Boston to take immediate action to reduce pollutants being discharged to Sales Creek, a tributary to Boston Harbor. Suffolk Downs is violating the federal Clean Water Act due to horse manure, urine, bedding material, and stable wash water that are entering the waterways through stormwater runoff.

The action is specifically an Administrative Order that EPA has issued to the Sterling Suffolk Racecourse, LLC, requiring it to immediately make all practicable efforts to cease discharging pollutants to its storm drain system and Sales Creek. The EPA order requires Suffolk to routinely inspect its facility for discharges to Sales Creek and the adjacent wetland and to collect a limited number of dry- and wet-weather samples from its outfalls.

The EPA order also requires Suffolk to submit an application for the appropriate discharge permit from EPA. Suffolk is required to develop and submit a plan for interim measures to eliminate or reduce to the maximum extent possible the discharge of pollutants until the required permit – a "National Pollutant Discharge Elimination System" (NPDES) permit for a Concentrated Animal Feeding Operation – is issued to the facility.

"It’s very important that all citizens and organizations understand and comply with environmental laws, which are designed to protect the health of people and the environment," said Robert Varney, regional administrator of EPA’s New England Office. "EPA and our partners have invested a lot of time and effort in improving water quality in the Boston area, in the Charles River, in Boston Harbor and in the Mystic River. This action reflects our commitment to a clean and healthy environment."

In response to an information request and on-site inspections by EPA dating back to 2006, EPA has determined that more than 500 horses have been stabled at the facility for more than 45 days per year. Suffolk also reported that the facility discharges to Sales Creek and an adjacent wetland through several outfalls and two drainage swales. Consequently, Suffolk Downs is a Concentrated Animal Feeding Operation ("CAFO") and needs an NPDES permit for any discharges to waters of the United States, such as Sales Creek.

EPA inspections have revealed that horse and stable wash water have been discharged repeatedly to the facility’s storm drain system during dry-weather. EPA inspectors observed storm water contaminated with manure wastes and highly turbid, brown runoff being discharged from the facility to Sales Creek. Sampling conducted at various outfalls discharging from Suffolk Downs indicates elevated ammonia, surfactant, suspended solids, biological oxygen demand, and bacterial concentrations being discharged to Sales Creek in both dry- and wet-weather.

Top of Page

April 28, 2008

EPA Reaches $40,000 Settlement With Idaho Property Owner and Contractor for Wetlands Violations
Robin S. Behrens, Charles E. Kramer and C.E. Kramer and Contracting, Inc., of Bonner County, Idaho have reached a $40,000 settlement with EPA for alleged violations of the Clean Water Act. The violations involved filling wetlands on Robin Behrens' property near Lake Pend Oreille without a permit. According to EPA, in fall 2005, the property owner and contractor discharged fill material into a half-acre of wetlands located on Robin S. Behrens’ property. The parcel is adjacent to Lake Pend Oreille near Ponderay, Idaho. The illegal action was reversed in May, 2006, when the property owner and contractor repaired the damage and restored the site under the direction of the U.S. Army Corps of Engineers.

According to Jim Werntz, EPA’s Idaho Operations Director, wetlands provide important wildlife habitat, prevent flooding and provide other community benefits.

“Protecting Idaho’s shrinking wetlands is a top priority for EPA, especially around Lake Pend Oreille," said Werntz. "Construction in a wetland should be avoided if at all possible, but if it’s unavoidable, great care must be taken and all proper permitting secured before any work starts.”

Top of Page

April 10, 2008

Alaskan Seafood Processor Fined Over $54,000 for Clean Water Act Violations
Leader Creek Fisheries, LLC (Leader Creek), an Alaskan seafood processor located in Naknek has agreed to pay a $54,061 penalty to settle alleged federal Clean Water Act violations. Based on an inspection of Leader Creek on June 24, 2003 and a follow-up inspection on July 7, 2006, EPA and the Alaska Department of Environmental Conservation (ADEC) found that Leader Creek was not in compliance with its National Pollutant Discharge elimination System (NPDES) permit.

Leader Creek’s grinder broke in early July 2006. During that time, Leader Creek had the following NPDES violations:

· Failed to grind its seafood waste to ½" or smaller before discharging;
· Failed to have a backup grinder or spare parts; and
· Failed to report the broken grinder.

EPA also alleged that Leader Creek:

· Failed to submit an annual report;
· Failed to perform daily inspections of its operations and the surface and shoreline to ensure that the facility was operating correctly; and
· Exceeded allowable discharge amounts.

According to Kim Ogle, NPDES Compliance Manager, it is extremely important for seafood processors like Leader Creek to continuously monitor their facility operations. "Processors need to make sure that they have the necessary spare parts on hand to fix problems with their pollution control equipment," said EPA’s Ogle. "Such proactive measures protect the environment and cost processors less in the long run because they will not have to choose between suspending operations and processing out of compliance with their permit."

The NPDES permit program, a key part of the federal Clean Water Act, controls water pollution by regulating sources that discharge pollutants to waters in the United States.

Top of Page

April 7, 2008

Washington Dairy Facility To Pay for Alleged Violations Related to Animal Waste
Bayside Dairy, LLC has agreed to pay an $8,000 penalty to settle alleged Clean Water Act violations. According to EPA, the violations occurred at the Bayside Dairy’s Concentrated Animal Feeding Operation facility, located in Mt. Vernon, Washington. Based on an inspection of the Bayside Dairy operation in February 2007, EPA inspectors found animal wastes leaking from the barns into a neighboring drainage ditch. The ditch drains to the Skagit River, which provides spawning habitat for salmon and is the largest watershed of the Puget Sound. This discharge was not authorized by a National Pollutant Discharge Elimination System (NPDES) permit.
"It is crucial that manure from these operations is properly managed and kept out of our rivers and streams," said Mike Bussell, EPA Director, Office of Compliance & Enforcement in Seattle. "This type of water pollution contributes to shell fish contamination and hurts ongoing efforts to clean up Puget Sound."

This was Bayside Dairy’s first violation of the Clean Water Act. The company immediately corrected the discharge problem after it was discovered.

Concentrated Animal Feeding Operations continue to be a leading source of water quality impairment in the United States. Consolidation trends in the livestock industry have resulted in larger-sized operations that generate about 500 million tons of manure annually. The NPDES permit program, established under the federal Clean Water Act, controls water pollution by regulating sources that discharge pollutants to waters in the United States.

Top of Page

February 26, 2008

Home Depot Settles Storm Water Violations
Home Depot has agreed to pay a $1.3 million penalty and implement a nationwide compliance program to resolve alleged violations of the Clean Water Act, the Justice Department and Environmental Protection Agency announced. The settlement resolves alleged violations that were discovered at more than 30 construction sites in 28 states where new Home Depot stores were being built. The settlement, joined by the state of Colorado, requires that Home Depot implement a comprehensive, corporate-wide program to prevent storm water pollution at each new store it builds nationwide. Home Depot must develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems at its sites. The company must properly train its construction managers, as well as contractors and their personnel on the federal storm water requirements. Home Depot must also implement a management and internal reporting system to improve oversight of on-the-ground operations and appoint a high-level company official to oversee compliance at all company construction sites.

"EPA requires construction sites to take simple, basic steps to prevent storm water pollution," said Granta Y. Nakayama, assistant administrator for EPA's Office of Enforcement and Compliance Assurance. "We expect a large corporation like Home Depot to comply with the law and protect the waters in the communities it serves."

"Storm water that runs off of large construction sites can carry sediment, debris, and other pollutants into surrounding waterways," said Ronald J. Tenpas, assistant attorney general for the Justice Department's Environment and Natural Resources Division. "This settlement is an important step in protecting the environment around Home Depot's future construction locations."

The government complaint alleged a pattern of violations that EPA discovered through state and federal inspections of construction sites and by reviewing documentation submitted by the company. The alleged violations include not obtaining permits until after construction had begun or failing to obtain the required permits at all. At the sites that had permits, EPA found violations of permit requirements that prevent pollution, such as silt and debris, from getting into storm water runoff. Violations included the failure to maintain adequate plans to prevent storm water pollution, failure to properly place and install fences around project areas to prevent silt from getting into storm water runoff, and failure to install controls at storm drains to prevent soil and sediments from reaching nearby waterways. The Clean Water Act requires that construction sites have controls in place to prevent pollution from being discharged with storm water into nearby waterways. Each site must have a storm water pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants. EPA also requires that all construction projects larger than one acre obtain a federal permit.

Improving compliance at construction sites is one of EPA's national enforcement priorities. Construction projects have a high potential for environmental harm because they cover large areas of land and have had a history of noncompliance with environmental regulations. Without onsite controls, runoff from construction sites can flow directly to the nearest waterway and can cause beach closings, swimming and fishing restrictions, and habitat degradation. As storm water flows over construction sites, it can pick up pollutants, including sediment, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality. The settlement is the latest in a series of enforcement actions to address storm water violations from construction sites around the country. A similar consent decree was reached with Wal-Mart in 2005 under which Wal-Mart established a comprehensive storm water compliance plan and paid a fine of more than $3 million.

Top of Page

January 28, 2008

EPA Takes Enforcement Action To Protect Streams in Missouri
EPA's Criminal Investigation Division, the Missouri Department of Natural Resources, and the Missouri Department of Conservation conducted a joint investigation of an illegal discharge of pollutants in Hermondale, Mo., leading to criminal charges against James Raulerson and James Raulerson Farms for violating the Clean Water Act. The investigation began October 2007, when an anonymous call was received by the Missouri Department of Conservation stating that a tanker truck was observed backed up and discharging its contents into Belle Fountain Ditch in Hermondale, Mo. Upon arrival, state and federal emergency responders found that an undetermined amount of decomposing glycerin that was generated from Natural Biodiesel Plant LLC was released into the Belle Fountain Ditch. Approximately 100,000 fish and other aquatic life were killed.

A federal indictment, filed January 9, 2008, alleges that James Raulerson and James Raulerson Farms knowingly discharged or caused to be discharged pollutants, namely glycerin, methanol and oil into the Belle Fountain Ditch, a water of the United States. EPA Region 7 Administrator John B. Askew said, "EPA supports the growth of the renewable fuels industry, however, workers need to be environmentally responsible. EPA will take whatever steps are needed to ensure compliance with the Clean Water Act." EPA hopes these actions will result in greater compliance and improved water quality by sending a clear message about the importance of protecting our nation's waters. The mission of EPA is to protect human health and the environment.

Top of Page

January 9, 2008

EPA Orders Restoration of Damaged Colorado Creek and Wetlands
EPA has ordered Kenneth L. Schell and Twin Peaks Excavating, Inc. of Lafayette, Colo. to restore a section of Lafayette’s Rock Creek and adjacent wetlands that they damaged in violation of the Clean Water Act. Acting without a U.S. Army Corps of Engineers permit, Schell and Twin Peaks excavated a new stream channel in Rock Creek, filled adjacent wetlands with sidecast materials and then filled approximately 150 feet of the original channel during the time period of March-April 2007.

The violations occurred on the City of Lafayette’s open space property without the City’s permission or knowledge. The Federal Clean Water Act prohibits discharges of dredged or fill material unless authorized by a Corps permit. EPA order requires Schell and Twin Peaks to remove all unauthorized material placed into the creek and to restore the creek and wetlands to pre-impact conditions. Michael Risner, EPA Region 8 Legal Enforcement Director, said, “EPA is taking this action to protect Colorado rivers, wetlands and lakes and to provide deterrence against future violations of federal laws designed to protect valuable water resources.”

Rock Creek and its adjacent wetlands provide numerous functions and values, including aquatic and wildlife habitat, flood attenuation, groundwater recharge, recreation and aesthetics. Placing dredged or fill material in creeks, streams, rivers, or wetlands can have adverse impacts on fish and wildlife habitat and their food sources, such as plants or insects. A U.S. Army Corps of Engineers’ permit is required before performing any work that results in discharges of dredged or fill material into waters of the United States, which include lakes, rivers, streams and wetlands.

Top of Page

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

Local Navigation

Jump to main content.