Mark Ford Settlement Information Sheet

(Washington, DC – August 18, 2023) Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, the Regional Administrator for Region 2 of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States entered into a Consent Decree settling a civil lawsuit against MARK FORD, MARK FORD STABLES, INC., MARK FORD STAGE ROAD PROPERTY, INC., and FORD EQUINE, LTD. (collectively, the “defendants”), for violations of the federal Clean Water Act (“CWA”) in connection with the defendants’ construction and operation of a horse racing training facility on two adjacent properties in the Town of Wallkill in Orange County.

• Overview
• Violations
• Injunctive Relief
• Pollutant Impacts
• Health and Environmental Benefits
• Civil Penalty
• Comment Period
• Contact

Overview of Company

Defendants Mark Ford, Mark Ford Stables, Inc., Mark Ford Stage Road Property, Inc., and Ford Equine, Ltd. (collectively, “Defendants”) own and operate two sites for horse boarding and horse training in Wallkill, NY: the Slaughter Road Site and the Ford Equine Site.

Violations

The consent decree resolves violations of CWA § 301 at the two sites for discharge of fill material and process wastewater into waters of the U.S. without the appropriate CWA §§ 402 and 404 permits, and violations of terms and conditions of a construction stormwater permit issued under § 402. Specifically, the violations alleged for both sites include: (1) the discharge of fill material into approximately 26 acres of wetlands,1,900 linear feet of Crystal Run Creek, a perennial tributary of the Wallkill River, and 900 linear feet of an unnamed tributary of the Walkill River, without a § 404 permit; and (2) discharges of pollutants from a concentrated animal feeding operation (CAFO) to Crystal Run Creek without a § 402 permit. At the Slaughter Road Site only, there were violations of a State Pollutant Discharge Elimination System (SPDES) construction general permit (CGP).

Injunctive Relief

The consent decree requires Defendants to comply with all applicable requirements of the CWA, and all associated permits. In particular, the following is required:

• Wetlands: Defendants must hire a Qualified Wetlands Professional (QWP) to prepare a comprehensive mitigation plan. The plan will require Defendants to restore and/or create approximately 18 acres of wetlands between both sites; restore approximately 1,460 linear feet of Crystal Run Creek to its approximate original alignment at the Slaughter Road Site; and restore approximately 900 linear feet of the unnamed tributary to the Wallkill River at the Ford Equine Site. The decree also requires long-term protection of the stream and wetland restoration and creation areas in the form of a deed restriction or other instrument.
• CAFO: Defendants will cease unauthorized CAFO discharges and comply with applicable federal and state CAFO regulations, including hiring a certified planner to develop a nutrient management plan and develop appropriate best management practices. Defendants must also apply for applicable permit coverage.
• Construction Stormwater: The CGP was terminated in 2018, so there is no injunctive relief associated with the construction stormwater violations. If Defendants do intend to perform any construction activities, they must comply with all applicable laws and permits.

Pollutant Impacts

The straightening of Crystal Run Creek and the filling of its wetlands destroyed important floodplain areas. These activities limited the wetland and floodplain areas’ abilities to provide wildlife habitat, filter pollutants, and store floodwaters.

Pollutants most commonly associated with animal waste include nutrients (nitrogen and phosphorus), pathogens (bacteria), organic matter, solids, and oxygen depleting substances, all of which contribute to water quality impairment in U.S. waterbodies. Other potential environmental and human health risks include transmission of disease-causing bacteria and parasites associated with food and waterborne diseases, fish advisories, and algal blooms.

Sediment-laden runoff from construction activities can result in increased turbidity and decreased oxygen in receiving waters, which in turn results in loss of in-stream habitat for fish and other aquatic species. Sediment can kill fish directly, destroy spawning beds, suffocate fish eggs and bottom dwelling organisms, and block sunlight resulting in reduced growth of beneficial aquatic grasses.

Health and Environmental Benefits

The restoration of Crystal Run Creek and its surrounding wetland areas will help to improve the water quality of Crystal Run Creek and the Wallkill River by filtering pollutants and potentially mitigate flooding downstream during storms. The restoration and creation of wetlands at both sites will also provide wildlife habitat.

It is also anticipated that the injunctive relief required in this proposed settlement will reduce the amount of pollutants entering the affected waters of the U.S., including nutrients (nitrogen and phosphorus), pathogens, organic matter, solids, and oxygen depleting substances.

Civil Penalty

Defendants will pay a penalty of $200,000 within 30 days of the Effective Date of the consent decree.

Comment Period

The proposed settlement, lodged in the U.S. District Court for the Southern District of New York is subject to a 30-day public comment period and final court approval.   Information on submitting comments is available at the Department of Justice website.

Contact Information

Kristin Terry, Attorney-Adviser
Water Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
Terry.Kristin@epa.gov

Kara Murphy, Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 2
(212) 637-3211
Murphy.Kara@epa.gov