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Animal Feeding Operations - Compliance & Enforcement: Enforcement Cases 2002 through Present

Animal Feeding Operations Highlights

Compliance Information

EPA Enforcement Cases 2002 through present

EPA Enforcement Cases 2001

EPA Enforcement Cases 2000

EPA Enforcement Cases 1999

EPA Enforcement Cases 1998 and 1997

December 13, 2007

EPA Orders Texas Dairy To Stop Permit Violations
EPA has issued a cease and desist administrative order to Moo Town Dairy near Sulphur Springs, Texas, for violations of the Clean Water Act, including failure to properly design, operate, and maintain wastewater lagoons. 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 facility has been ordered to immediately correct all permit violations. It has been given 14 days to update its Pollution Prevention Plan, 30 days to follow proper animal carcass disposal requirements, and 30 days to lower the liquid levels in its wastewater lagoons to ensure adequate freeboard is available. The dairy has also been ordered to ensure all process-generated wastewater from its commodity barns and silage bunkers drain into the lagoons.

"EPA will continue to vigorously enforce our nation’s environmental laws through a strong enforcement program,” said EPA Regional Administrator Richard E. Greene. “This action is a reminder to those who own and operate animal feeding operations of their responsibility to protect public health and the environment.”

On October 10, 2007, an EPA inspector, along with representatives from the Texas Commission on Environmental Quality (TCEQ), conducted an on-site inspection in response to a citizen’s complaint. Numerous violations were found requiring compliance action. The dairy was also cited for sediment buildup in one lagoon and ordered to restore it to proper operating specifications and acquire proper certifications for lagoon design. Based on these findings, the owner and operator of the Moo Town Dairy has been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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October 29, 2007

Idaho Cattle Company Agrees To Pay $40,000 to Resolve Clean Water Act Violations
Bruneau Cattle Co. (Bruneau) has agreed to pay a $40,000 penalty to settle alleged Clean Water Act violations. According to EPA, the violations occurred at the Bruneau Cattle Company’s feedlot, located on Jack’s Creek Road in Owyhee County, near the town of Bruneau, Idaho.

The settlement resolves alleged Clean Water Act violations involving the discharge of runoff from the feedlot’s pens without permit coverage under the National Pollutant Discharge Elimination System (NPDES). Based on an NPDES inspection of the Bruneau facility in February of 2006, EPA determined that the Bruneau facility had been discharging wastewater into the South Side Canal numerous times in the last five years. The South Side Canal and Jack’s Creek flow into the C.J. Strike Reservoir, which flows into the Snake River. Bruneau has over 4000 head of cattle in its facility, yet it had no containment to prevent runoff of process wastewater.

According to Mike Bussell, EPA’s Director, Office of Compliance & Enforcement in Seattle, Concentrated Animal Feeding Operations (CAFOs) 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. This is three times the amount of human waste produced in the US.”

“When CAFOs fail to take proper precautions, including obtaining necessary wastewater discharge permits, their manure laden runoff can pollute our rivers and streams and contribute to fish kills,” said Bussell. “CAFOs that discharge into our waterways are required to have permits under the Clean Water Act. This requirement has been on the books since the 1970’s -- so there’s no excuse for not complying with the law.”

In addition to paying a penalty, Bruneau has agreed to undertake various measures to ensure that wastewater is land applied at agronomic rates and is not discharged to surface waters. 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.

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September 28, 2007

EPA Orders Five Illinois Feedlots To Stop Discharges to Nearby Streams
EPA Region 5 has ordered five Illinois feedlots to stop all unauthorized discharges of manure and wastewater and comply with the Clean Water Act. EPA also ordered several of the feedlots to apply to the Illinois Environmental Protection Agency for discharge permits under the National Pollutant Discharge Elimination System. EPA has not assessed penalties as part of these actions.

"EPA is ordering the feedlots to take action to prevent waste from entering nearby waterways," said EPA Acting Water Division Director Kevin Pierard. "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."

The feedlots are located in northwest counties of the state in the Mississippi River watershed where impaired rivers and streams are common. EPA inspectors noticed that the facilities were not using management practices to prevent discharges of manure and other animal production waste. Manure and wastewater from animal feeding operations have the potential to contribute pollutants to the environment such as nitrogen and phosphorus, organic matter, sediments and pathogens. Stopping unauthorized discharges may require constructing larger storage structures, moving or redesigning the feedlots, or changing waste and material handling practices.

The facilities that received orders are:

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September 25, 2007

EPA Orders New Mexico Dairies Into Compliance With Clean Water Act
EPA has issued 11 administrative orders to dairies located in southeast New Mexico requiring them to keep proper records in their Pollution Prevention Plans indicating properly lined waste lagoons. The orders also require that animal waste generated at the dairies be properly handled and disposed of without causing any environmental harm. The dairies named in these orders are the Mountain View Dairy, Bright Star Dairy, Big Sky Dairy, Desert Land Dairy, Sunset Dairy, Buena Vista I Dairy, Gonzalez Dairy, Daybreak Dairy, River Valley Dairy, Dominguez Dairy, and D & J Dairy, all located between the cities of Las Cruces and Anthony, New Mexico.

“EPA will continue to vigorously enforce our nation’s environmental laws through effective compliance assistance and a strong enforcement program,” said EPA Regional Administrator Richard E. Greene. “Environmental responsibility is everyone’s responsibility.”

During the week of August 13, 2007, EPA staff provided compliance assistance training to the Las Cruces area dairies. EPA staff also provided information on the requirements of the EPA Region 6 Concentrated Animal Feeding Operation general permit, the Pollution Prevention Plan elements and recordkeeping requirements. EPA discussed with the dairy owners and managers proper animal waste handling and disposal, surface water quality, and hydrologic connections with surface waters. Based on these findings, the owners and operators of these dairies have been ordered to take action to bring the dairies into compliance with the Clean Water Act. EPA will continue to work with the dairies and the New Mexico Environment Department to ensure protection of surface and groundwater in the area.

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September 25, 2007

EPA Orders Oklahoma Ranch To Stop Unauthorized Discharges
EPA has issued a cease and desist administrative order to the Rocking BS Ranch near Wetumka, Oklahoma, for violations of the Clean Water Act, including an unauthorized discharge of pollutants flowing into an unnamed tributary to Middle Creek and then into Middle Creek in Hughes County, Oklahoma. The ranch, an unpermitted Concentrated Animal Feeding Operation (CAFO), is located approximately three miles south and eight miles east of Wetumka. The ranch has been ordered to immediately stop all discharges of pollutants from its facility. The ranch has been given seven days to properly reconstruct a lagoon spillway where the discharge occurred, and 30 days to finalize the reconstruction and survey the lagoon to determine the quantity of solid manure buildup and total capacity of the lagoon. The ranch has also been given 60 days to submit to EPA a summary and photographs of completed work, and 90 days to apply for permit coverage.

“This action is a reminder to those who own and operate animal feeding operations of their responsibility to protect public health and the environment,” 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 April 2007, an Oklahoma Department of Agriculture, Food, and Forestry (ODAFF) inspector conducted an on-site inspection of the Rocking BS Ranch and observed an unauthorized discharge from the west lagoon entering an unnamed tributary to Middle Creek. The facility was also cited for discharging without a permit. Based on these findings, the owner and operator of the Rocking BS Ranch has been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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September 18, 2007

EPA Orders Oklahoma Egg Farm To Stop Discharge of Pollutants
Based on a citizen’s complaint about the discharge of pollutants into an unnamed tributary to the East Branch of Chigney Sandy Creek, which flows into Dilday Lake in Garvin County, Oklahoma, the U.S. Environmental Protection Agency has issued a cease and desist administrative order to Mahard Egg Farms’ Boogie Hill facility for violations of the Clean Water Act. The farm, a Concentrated Animal Feeding Operation, is located approximately nine miles north of Sulphur. The farm has been ordered to immediately stop all discharges of pollutants from its facility. The farm has been given 14 days to remove and properly dispose of any solid waste from the southeast shore of Dilday Lake, and 45 days to submit to EPA a certified summary and photographs documenting completed work.

“We are committed to enforcing the laws that protect the environment and public health,” said EPA Regional Administrator Richard E. Greene. “This order sends a clear message that neither the public nor the EPA will allow this facility to knowingly violate the law.”

In July 2007, EPA inspected the facility, finding numerous violations requiring immediate compliance action. These violations included an unauthorized discharge from the farm’s lagoon into an unnamed tributary to the East Branch of Chigley Sandy Creek, which flows into Dilday Lake. EPA inspectors observed an area along the shore of Dilday Lake where a large amount of lagoon effluent had been deposited. Water and soil sample analyses found ammonium, arsenic, nitrates, phosphorus and fecal coliform indicative of poultry waste. Based on these findings, the owners and operators of Mahard Egg Farms’ Boogie Hill facility have been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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August 28, 2007

EPA Orders Texas Dairy To Stop Discharge of Pollutants
Based on citizen complaints about the discharge of pollutants into Big Creek and an unnamed tributary to Schooley Creek in Hopkins County, Texas, the U.S. Environmental Protection Agency has issued a cease and desist administrative order to Center Point Dairy for violations of the federal Clean Water Act. The dairy, located about six miles south of Brashear, on the south side of Farm Road 2653, is a Concentrated Animal Feeding Operation. The facility has been ordered to immediately stop all discharges of pollutants from its lagoon and domestic septic systems. The facility has been given seven days to clean up areas where domestic septic waste has pooled, and 14 days to properly remove solid waste from domestic septic tanks and repair septic waste collection systems. The dairy has also been asked to remove sediment buildup in its lagoon and restore the lagoon to proper operating conditions.

“EPA will continue to vigorously enforce our nation’s environmental laws through effective compliance assistance and a strong enforcement program,” said EPA Regional Administrator Richard E. Greene. “This action will significantly reduce discharges that can have serious health effects.”

In July 2007, EPA inspected the facility. Numerous violations were found requiring compliance action. These violations included an unauthorized discharge from the lagoon into Big Creek and unauthorized discharges from the facility’s domestic septic systems into an unnamed tributary to Schooley Creek. Based on these findings, the owners and operators of Center Point Dairy have been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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August 1, 2007

EPA Orders Six Southern California Dairies To Comply With Federal Clean Water Act
EPA ordered six dairies located in the Southern California cities of Chino, Ontario, and Mira Loma to comply with federal wastewater discharge regulations or face fines up to $32,500 per day per violation. The EPA issued the orders to the Legend Dairy #1, Legend Dairy #3, Sun Valley Jersey Dairy #1, Miersma Dairy #1, Tom Alger Dairy, and Venegas Dairy for failing to comply with their wastewater discharge permit requirements, violations of the federal Clean Water Act. Runoff from their facilities could pollute the Santa Ana River.

“These six dairies were cited for failing to comply with basic permit requirements addressing manure waste, which can pollute streams, rivers and groundwater,” said Alexis Strauss, director of the EPA’s water division for the Pacific Southwest. “Protecting public health and the environment is our primary goal and through participation in the California Dairy Quality Assurance Program – a program that has made significant progress improving the environmental performance of dairies statewide – we trust dairies will return to compliance promptly.”

At the request of the Santa Ana Regional Water Quality Control Board, the EPA inspected these dairies in March, 2007. The dairies are being cited for violations of state-issued permits, including: failure to execute waste management plans, failure to contain on-site manure waste; failure to properly design, construct, and manage manure containment structures; and failure to monitor and report to the state.

“The Santa Ana Regional Water Quality Control Board benefits from its partnership with U.S. EPA in regulating wastewater discharges from dairies within the Santa Ana Region,” said Gerard Thibeault, Executive Officer of the Santa Ana Regional Water Quality Control Board. “We look forward to cooperative activities with U.S. EPA in the future to seek compliance with wastewater discharge standards.”

In 2000 and 2001, the EPA fined numerous dairies in the Chino area for similar Clean Water Act violations. In 2003, the EPA issued similar orders to five dairies in the Chino area. To address these violations and to prevent future violations, the EPA, along with 14 other signatories from the dairy industry, academia, environmental, and other state and federal agencies, formed the California Dairy Quality Assurance Program to provide compliance assistance to dairy producers and operators. Through the California Dairy Quality Assurance Program, a voluntary environmental stewardship program, dairy operators learn how to meet all federal, state, regional and local requirements related to manure and nutrient management and protect surface and groundwater. In California, compliance with the Clean Water Act’s permit program is overseen by the State’s Regional Water Quality Control Boards.

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January 29, 2007

Correction: Vreba-Hoff Dairy Development No Longer Owns Fremont, Indiana Dairy
On January 4, EPA Region 5 announced that it had issued an administrative order to comply with a state-issued discharge permit to Vreba-Hoff Dairy Development, Wauseon, Ohio, and De Jong Dairy LLC, Fremont, Indiana. Vreba-Hoff has since provided documents to EPA demonstrating that it has transferred ownership of the dairy. EPA has sent a letter to Vreba-Hoff notifying the company that it is not responsible for complying with EPA's order. The dairy operator has told EPA that he intends to comply with the order.

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January 8, 2007

EPA Orders Indiana Dairy To Comply with Discharge Permit
EPA Region 5 has ordered Vreba-Hoff Dairy Development LLC, of Wauseon, Ohio, and De Jong Dairy LLC, of Fremont, Ind. to stop all unauthorized discharges and meet all the requirements of the dairy's state-issued discharge permit. De Jong Dairy is a large concentrated animal feeding operation (CAFO) with approximately 900 mature dairy cows. The dairy has submitted an application to the Indiana Department of Environmental Management for a construction permit to expand the operation to 1,800 cows.

The dairy is required to install and maintain markers on all manure and wastewater storage structures, at all times maintain a minimum of two feet between the stored manure and the top of storage structures, conduct weekly inspections of waste storage structures to see whether they are in good working order, keep records and report to permitting agencies, submit plans that demonstrate that the dairy has enough storage to prevent discharge, perform best management practices, and develop and implement a nutrient management plan.

The facility is owned by Vreba-Hoff Dairy Development and leased by the De Jong dairy. Storm water run-off discharged from CAFOs typically contains 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 to comply with their permits.

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December 8, 2006

EPA Files Complaint, Seeks Civil Penalties Against Bruneau Cattle Company
As part of an ongoing campaign to protect human health and water quality in Idaho’s Snake River, EPA has filed a Complaint against the Bruneau Cattle Company (Owyhee County, ID) for unauthorized discharges of pollutants from a Confined Animal Feeding Operation (CAFO) to the South Side Canal. The Canal flows to the Snake River and C.J. Strike Reservoir near Bruneau, ID.

According to Elin D. Miller, EPA regional administrator in Seattle, the Agency took action after an inspection in 2006 revealed clear evidence of several direct discharges of CAFO wastewater from cattle pens to the Canal, which flows to reservoir and the Snake River. “This is an especially important case since the discharge was immediately upstream of a public campground,” said EPA’s Miller. “Feedlots have a responsibility to protect water quality and downstream water users. We share the state of Idaho’s concern for protecting water quality and want to send a clear message that less responsible feed lots won’t enjoy a competitive advantage over those who do the right thing.”

Bruneau Cattle Company, with a capacity of approximately 7,000 head of cattle, is located in Owyhee County in Southwest Idaho. On February 8, 2006, at the time of the inspection, there were approximately 4,000 head of cattle on site. During the inspection, EPA inspectors observed past evidence of discharges and documented that the facility did not have any wastewater containment systems to prevent wastewater runoff from cattle pens. Manure and wastewater from CAFOs have the potential to contribute pollutants such as nitrogen and phosphorus, organic matter, sediments, pathogens, heavy metals, hormones, antibiotics, and ammonia to the environment. Excess nutrients in water (i.e., nitrogen and phosphorus) can result in or contribute to fish kills.

“We look forward to working closely with the Idaho Department of Agriculture to ensure that feedlot owners comply with regulations that protect the state’s rivers, lakes and streams for all Idahoans.” EPA’s Miller added. Bruneau Cattle Company has 30 days to respond to the complaint and will have an opportunity for a hearing if the Company and EPA are unable to reach a settlement. Under the federal Clean Water Act, facilities can face fines of up to $11,000 per day of violation.

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August 31, 2005

Animal Feedlot Operators Cited for Clean Water Act Violations
EPA Region 7 has cited two operators of Concentrated Animal Feeding Operations (CAFOs) in eastern Nebraska for violating the Clean Water Act, stemming from their illegal discharge of wastewater and runoff from livestock facilities into nearby streams or rivers. EPA ordered both CAFO operators to promptly construct proper livestock waste control facilities to stop pollutants from the feedlots from causing further harm to the environment. Both facilities will also pay a civil penalty. These enforcement cases were finalized earlier in August following a 40-day public notice and comment period. EPA brought these actions largely due to the failure of both feedlot operators to comply with the requirements of the Nebraska Department of Environmental Quality (NDEQ) in a timely way.

"EPA is committed to working closely with NDEQ to protect water quality in Nebraska,” said Jim Gulliford, EPA Region 7 administrator. “We will take action when facilities that cause water pollution do not fully cooperate with NDEQ.” EPA cited DB Feedyards, Inc., near Tekamah (40 miles north of Omaha), for the unauthorized discharge of pollutants into a tributary of Bell Creek, which flows into the Elkhorn River. DB Feedyards had been operating its facility without proper waste controls for more than 15 years in violation of the Clean Water Act. It had not fully complied with previous orders from NDEQ to come into compliance. DB Feedyards must pay a penalty of $135,000. This case was finalized August 29, 2005. EPA also cited J&S Feedlots, Inc., near Dodge (50 miles northwest of Omaha), for the unauthorized discharge of pollutants into a tributary of Pebble Creek, which flows into the Elkhorn River. J&S Feedlots has operated its facility since 1993, and failed to comply with an order from NDEQ in 2002 to install additional waste controls.

J&S Feedlots must pay a penalty of $47,000. This enforcement case was finalized August 11, 2005. Both of these CAFOs discharge into tributaries of the Elkhorn River. Parts of the Elkhorn River have been listed by NDEQ as “impaired” for fecal coliform, which means that the water is unfit for human contact due to high levels of bacteria. Wastewater discharges and runoff from livestock operations are partly responsible for this impairment. Wastewater discharges from livestock operations contain numerous pollutants, often at harmful levels. The Clean Water Act requires feedlots to prevent the discharge of all feedlot runoff because of the high pollutant levels it contains. Feedlot wastewater typically contains a number of bacterial and viral pathogens (such as Salmonella), as well as parasites (such as Cryptosporidium). Illnesses caused by ingestion of these microorganisms can result in gastroenteritis, fever, and kidney failure. Animal wastes are also typically high in nutrients, including ammonia and other pollutants, which can cause decreased oxygen levels in receiving waters. These depleted oxygen levels can adversely impact fish and other aquatic life. In addition, ammonia above certain concentrations in surface water is toxic to fish.

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April 27, 2005

Iowa Dairy Farmer Convicted of Violating Clean Water Act
The owner and operator of Simon Dairy in Farley, Ia., was sentenced to serve 30 months in prison, pay a $5,000 administrative penalty that had been assessed earlier by the Iowa Department of Natural Resources and serve one year of supervised release on April 6 by the U.S. District Court for the Northern District of Iowa in Cedar Rapids as a result of his conviction on four counts of violating the Clean Water Act. The charges arose from the defendant's illegal dumping of cow manure and waste milk into Hogan's Branch, a tributary of the Mississippi River. The illegal discharges occurred between May of 2003 and January of 2004. The owner illegally disposed of the cow manure by using two foot trenches dug from his dairy manure lagoon to a steep embankment overlooking Hogan's Branch. He illegally discharged the waste milk into Hogan's Branch by using a four-inch PVC pipe. The owner has an extensive enforcement history with the Iowa Department of Natural Resources (IDNR) and was previously placed under an administrative order and fined $5,000 for illegal discharges into the Branch. He refused to pay the fine or make any of the changes in his disposal practices required by the administrative order. Dumping cow manure and waste milk into surface waters can make the waters unfit for human use and can harm fish and wildlife. The case was investigated by the Iowa attorney general's office, the Iowa Division of Criminal Investigation, the IDNR and the St. Louis Office of EPA's Criminal Investigation Division.

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February 23, 2004

Ohio's Largest Egg Producer Agrees to Dramatic Air Pollution Reductions from Three Giant Facilities
Buckeye Egg Farm, LP, the largest commercial egg producer in Ohio, agreed to a comprehensive Clean Air Act (CAA) settlement under which the company will spend more than $1.4 million to install and test innovative pollution controls to dramatically cut air emissions of particulate matter and ammonia from its three giant egg-laying facilities at Croton, Marseilles and Mt. Victory, and pay an $880,598 civil penalty. The settlement resolves claims filed by the U.S. Department of Justice on behalf of EPA alleging that Buckeye failed to obtain necessary air permits for these facilities and failed to comply with an order directing it to sample its air emissions. The settlement is contained in a consent decree lodged for public comment by the Justice Department in the U.S. District Court for the Northern District of Ohio.

Buckeye's egg-laying operations have the capacity to house more than 12 million chickens in over 100 barns. In 2002, Buckeye's facilities produced 2.6 billion eggs, or 4 percent of the nation's total. Exterior exhaust fans surrounding the barns emit particulate matter and ammonia from the chickens. Preliminary air emission tests required by EPA indicated that air emissions of particulate matter (PM) were significant – over 550 tons/year (tpy) from the Croton facility, over 700 tpy from the Marseilles facility, and over 600 tpy from the Mt. Victory facility. Many scientific studies have linked particulate matter to aggravated asthma, coughing, difficult or painful breathing, chronic bronchitis and decreased lung function, among other ailments Buckeye also reported ammonia emissions of over 800 tpy from its Croton facility, over 375 tpy from the Marseilles facility, and nearly 275 tpy from the Mt. Victory facility.

While Buckeye recently sold its three facilities to Ohio Fresh Eggs LLC, the settlement requires Buckeye to bind the purchaser to implement the environmental improvements required under the consent decree. Buckeye remains liable for any violations. Thomas L. Sansonetti, Assistant Attorney General for the Environment and Natural Resources Division of the Justice Department, applauded the settlement and said, "Ohio families residing near these massive farms have suffered long enough from poor quality air. This settlement ensures they will see improvements in the air their children breathe in short order."

Phyllis Harris, EPA Acting Administrator for the Office of Enforcement and Compliance Assurance said, "Buckeye has finally taken responsibility for the adverse effects its practices have had on human health and the environment in the state of Ohio. We look forward to improved operations under the new owner of these facilities." Under the consent decree, Buckeye must install a particulate impaction system in each of its barns at the Marseilles and Mt. Victory facilities to capture particulate matter before it is vented to the outside. It will also use enzyme additive products on the manure accumulated in the layer barns to reduce ammonia emissions by at least 50 percent. Additional controls are required if dust or ammonia emissions are not satisfactorily reduced. The combination of particulate and ammonia controls at these facilities is also expected to reduce substantially fly infestations, which have been a subject of repeated state and private litigation against Buckeye.

The Croton facility is required by the state of Ohio to install belt battery manure handling systems at its layer barns over the next five years. Because of this requirement, the consent decree requires alternative controls for the Croton facility. These include changes in bird variety and feed, which are expected to reduce both particulate matter and ammonia emissions. The consent decree requires extensive testing of these measures. If they are not successful, Buckeye will be required to install particulate impaction systems and other appropriate PM controls for the converted barns. The barns will also be treated with the enzyme product for ammonia control.

In July 2003, the state of Ohio revoked Buckeye's operating permits and cited Buckeye nine times for contempt due to its continuing failure to comply with a state consent order requiring facility improvements. Buckeye appealed the state action but lost in mid-October. The company began closing its barns on November 20 and the Marseilles facility is now closed. Under the settlement, the new purchaser, Ohio Fresh Eggs, which has now received operating permits from the state of Ohio, will be able to open the barns, but must comply with environmental controls imposed by the consent decree.

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May 22, 2003

Missouri Hog Farm Owner Admits to Negligent Sewage Discharge
In the U.S. District Court in St. Louis, the owner of the Nobis Hog Farm in Holliday, Mo., pled guilty on May 12 to negligently discharging sewage from a sewage treatment lagoon into a tributary of the Middle Fork of the Salt River. The discharge of sewage into surface waters can make them hazardous to fish and wildlife and can also make them unfit for recreational and drinking water uses. The owner faces a maximum possible sentence of up to one year in prison and/or a fine of up to $100,000. The defendant has already agreed to a $33,000 civil settlement, $28,000 of which will be suspended if he implements improved environmental practices. The case was investigated by EPA's Criminal Investigation Division and the Missouri Department of Natural Resources. It is being prosecuted by the U.S. Attorney's Office in St. Louis.

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March 29, 2002

California Ranch, Owner, Foreman Sentenced
Masami Cattle Ranch (MCR) of Tehema County, Calif., its owner, and foreman were sentenced on March 18 for violating the Clean Water Act. MCR was sentenced to pay a $1.7 million fine, $700,000 of which will be reduced because of a civil settlement that owner has already paid to the state of California. The owner will serve six months home detention as part of one year of probation. The foreman was sentenced to two years probation and a $3,000 fine. MCR has operated a beef cattle ranch in Corning, Calif. since 1989, which generally maintains approximately 5,000-8,000 head of cattle. The beef is exported to Japan. The defendants previously admitted to discharging, without proper permits, cattle waste and dumping dead cattle carcasses into Elder and Willow Creeks and their tributaries that run across the ranch. These creeks feed into the Sacramento River. The discharge of manure and dumping of dead animals into surface waters creates a risk of spreading bacteria and other pathogens which can harm aquatic life and animals that use the waters and make the waters unsafe for recreational and drinking water purposes. The case was investigated by EPA's Criminal Investigation Division with assistance from the Redding Division of the California Regional Water Quality Control Board. It was prosecuted by the U.S. Attorney's Office in Sacramento.

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February 28, 2002

Missouri Company To Pay Over $1.5 Million in Fines, Costs, Restitution
Cargill Pork Inc., which operates a 17,000 pig farming operation in Martinsburg, MO, pleaded guilty to violating the Clean Water Act and will pay out a total of $1,551,000, including a fine of $1 million, $51,000 in restitution to the State of Missouri for natural resources damages and the costs of investigation and $500,000 in already spent remediation costs. The defendant admitted illegally discharging hog waste from holding ponds at its facility into the Loutre River, which is a tributary of the Missouri River. The discharge occurred due to a failure to properly operate waste management equipment. In addition, no report of the release was made to the Missouri Department of Natural Resources. After the release, 53,000 fish were killed along a five mile stretch of the Loutre River. The case was investigated by EPA's Criminal Investigation Division, the Department of Defense Criminal Investigative Service, the Missouri Department of Natural Resources and the Missouri Attorney General's Office with the assistance of EPA's National Enforcement Investigations Center. The case was prosecuted by the U.S. Attorney's Office in St. Louis.

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