PUBLIC HEARING FOR WALDRON DAIRY AND VREBA-HOFF PERMITS -- MAY 22, 2008 -- 6:30 p.m.
HUDSON MIDDLE SCHOOL AUDITORIUM -- 771 North Maple Grove Avenue, Hudson, MI The hearings are for public comment -- PLEASE COME AND SPEAK, OR HAND IN WRITTEN COMMENTS. Waldron Dairy (formerly Mericam, at Camden & Meridian Rds) is owned by Vreba-Hoff and plans major expansion. More liquid manure on tile-drained fields, more pits.
Both hearings will be held on the same evening, Waldron hearing first, then Vreba-Hoff. DEQ notes that the hearings are "an opportunity for the public to be heard, DEQ does not comment or answer questions. The hearing is recorded and DEQ will prepare a written response to comments. All comments will be considered but only comments applicable to the permit will receive a written response."
See public notice and more details, including links to draft permits for Waldron, for Vreba-Hoff.
Or email Mike Bitondo, DEQ, for details: bitondom@michigan.gov
week of April 14 - neighbors report Chesterfield Dairy in Lyons, OH (which receives Vreba-Hoff manure) is transporting manure back to Michigan, spraying in Seneca Twp. Numerous complaints from residents to ECCSCM and local officials.
March 27 -DEQ cites Hartland Farms and Bakerlads for illegal discharges of manure (see March 3 below).
March 12 - For 7 months, Vreba-Hoff has violated repeated DEQ orders to immediately close a manure storage structure that failed and overflowed last summer (ordered Aug 24, 2007, Sept 17, 2007, Jan 22, 2008, and again March 12, 2008). When will they comply? This manure lagoon lies adjacent to the source of a tributary of Bean Creek -- the tributary was added to Michigan's impaired water list in 2004, after repeated manure discharges by Vreba-Hoff. Think of the consequences as Lake Erie headwaters are polluted, year after year.
March 7 - Hoosiers for Sustainable Agriculture serves Notice of Intent to Sue the US Fish & Wildlife Service and Vreba-Hoff CAFO for failure to protect a rare colony of Mitchell's Satry butterfly, one of the rarest species in the world. See full press release. The Notice sets forth violations of the federal Endangered Species Act resulting from Vreba-Hoff’s plan to build “Toll-Tail Dairy, LLC” next to the fragile Pigeon River habitat. Mitchell’s Satyr lives only in a rare type of fen, at only 2 small locations in Indiana and only 13 small locations in Michigan. Under the Endangered Species Act, when proposed development threatens a listed species, the FWS has a duty to ensure that a Habitat Conservation Plan is prepared and approved before construction begins. However, in this instance FWS refused to exercise its duty even though the planned Toll-Tail Dairy will likely extinguish the Pigeon River colony of Mitchell’s Satyr. Ironically, the FWS website lists “livestock production” as one of the top threats to Mitchell’s Satyr.
March 10 - DEQ cites Waldron Dairy (Vreba-Hoff owned) for multiple violations, including 2 illegal discharges of manure to Bean Creek Watershed after application of wastes to frozen and snow-covered ground.
March 3 - rain started late morning. Almost immediately,
Hartland Farmsmanure was discharging
to Bear Creek from Hughes Hwy application last week, Bakerlads manure was discharging to South Branch of the River Raisin from Cadmus
& Morey application yesterday, road is flooded, and Bakerladsare still spreading, in the rain. 3-3-08 Bakerlads waste running off the manure-black field to Cadmus
Rd, drains to S.Branch River Raisin
Feb 13-18 - Waldron Dairy sprays manure
black on snow fields along Ridgeville Rd before thaw and predicted rain.
Runoff from these fields will flow to Lime Creek. Waldron Dairy spraying manure 2-13-08, Ridgeville Rd; runoff and ponding
two days later, 2-15-08
"When a chronic polluter spreads thousands of gallons of liquid manure
on snow covered frozen ground 3 days before a predicted thaw and rain
when is it a criminal violation? We had a high on 2/17
of 48 degrees and .62" of rain according to the Weather Underground
for Adrian. And once again it was before a holiday weekend."
Feb 7 - major flooding in northern Ohio, southern Michigan
after snow thaw and heavy rains. Near Lyons, OH, manure application on
frozen, flooded ground, just east of CR-M and CR-13.
Jan 28, 2008 - Waldron Dairy CAFO spray-applying
liquid manure on frozen ground, as temps warm and rain starts to fall,
violating every recommended "guideline" for good ag practices.
Only outcome possible: contaminated liquid will flow to tile-inlets and
pollute Bean Creek tributaries. 1-28-08, Waldron Dairy spraying manure, black field
just before rain, at Burt & Seeley Rds.
Jan 22 - DEQ orders Vreba-Hoff "to
cease the discharge immediately" from a tile at South Medina Drain,
first noticed discharging in October, 2007.
Dec 3 - Vreba-Hoff fined $8,000 for dam safety violations
under a Consent Agreement with DEQ's Land and Water Management
Division, after construction of four waste lagoons/dams at the dairy facilities
without required dam permits.
Nov 21, day before Thanksgiving - Bakerlads Farms/MSU
Center of Excellence discharges waste to South Branch of the River Raisin
after surface application of slurry/solids for several days with no incorporation,
no crop in field. Blissfield and Deerfield get their drinking water downstream. 11-21-07 - Bakerlads manure runoff, ponding
Oct 26 - DEQ cites Vreba-Hoff for numerous
violations of its Interim Consent Order, including land application of
wastes to fields without sufficient phosphorus data; land application
of contaminated sand bedding, bypassing sand separation requirement; improper
composting -- "the current practice of simply piling solids
and later land applying certainly does not meet the industry standards
for composting"; removal of check dams, failure of silt fencing,
expired construction storm water permit; failure to transport off-site
the waste of "excess" cows at the dairy operations.
DEQ Notice Letter (October 26, 2007)
October- pits and more pits at Vreba-Hoff.
That's the solution to industrial dairy waste? Watch the farmland disappear.
These are "farms"? Looks like mountaintop removal mining. These
sites are the origins of 3 streams, the headwaters of Lake Erie. (see
more pit & "compost" photos)
10-31-07 Vreba-Hoff 1 (left) and Vreba-Hoff 2 (right).
Oct 17 - penalties mount for Vreba-Hoff --$165,000
owed as of Oct 17, with 2 ongoing violations--1) storage structure
levels are not yet marked as required; 2) untreated manure is stored in
settling basins of "treatment" system. Each of these violations
carries a stipulated penalty of $500/day, "which is continuing to
accrue." (DEQ letter to Vreba-Hoff, Oct. 17, 2007).
Sept 26 - Attorney General's office orders Vreba-Hoff
to pay $141,500 in penalties for multiple violations over the
last two months; also orders removal of 350 cows.
Sept 13 - DEQ notes "Vreba-Hoff has
allowed conditions to further deteriorate to the point the Dairy Operations
now pose a grave threat to public health
and the environment." (see pdf
of full DEQ letter)
Sept 13-ECCSCM applauds MSU's pasture-based dairy initiative.
MSU develops pasture-based
dairy and markets for pasture-based products (see
press
release). With a $3.5 million grant, MSU will convert
the conventional dairy operation at Kellogg Biological Station to a pasture-based
program over the next two years. "A 120-cow milking herd will be
maintained on an intensively managed rotational grazing system and on
a replicated plot-based pasture system. A portion of the milk produced
at KBS will be used for production of cheese at the MSU Dairy Plant."
The grant also will fund "work to develop an improved supply chain
– processing, distribution and marketing programs – for pasture-raised
animals."
Sept 9- Vreba-Hoff manure lagoon overflows
at Vreba-Hoff 1, discharges manure into South Medina
Drain. DEQ water tests findE. coli
levels at 370,000/100ml in the headwaters of South Medina Drain;
2 days later, E. coli is still greater than 10,000/100 ml. On
Sept 10, DEQ finds concrete lagoon still over freeboard; DEQ orders Vreba-Hoff
"to take actions to prevent further discharges from this structure."
DEQ finds the CAFO is "1,687,000 gal. over freeboard capacity in
their storage structures." DEQ also notes, "They have
not removed cows from the facility as required by the CO [Consent Order]
if they go over freeboard."
Aug 24 - DEQ notes "a grave situation"
at Vreba-Hoff facilities: "The situation at Vreba-Hoff's
two Hudson-area dairies appears to have deteriorated substantially this
week." On Aug 23, a concrete storage structure failed
at V-H 1, leading to an illegal groundwater discharge. In the last month,
DEQ cited Vreba-Hoff for more than 15 violations, including
3 illegal discharges to South Medina Drain and to Durfee Creek Extension,
multiple freeboard violations, failure to meet required deadlines, etc.
(See complete list of July/August violations
cited by DEQ)
weekend Aug 24-26 - Vreba-Hoff hauling tanker after tanker
of manure from Hudson through Morenci to Chesterfield Dairy in Lyons,
OH, after rains put lagoons at risk for overflow. Vreba-Hoff
STILL hasn't got its manure situation under control; it's almost a year
of overful, near-overflow conditions. Routine rain is an "emergency"
situation? See State
Line Observer article, Aug. 29: "A lot of manure passed
through Morenci over the weekend as Vreba-Hoff Dairy sent dozens of tanker
loads to a storage lagoon east of town..."
June 7, 2007 - At last! Court
orders Vreba-Hoff to pay $180,000 in fines for violations, orders
volume limitations on waste and construction of new waste treatment system,
prohibits new barns for 10 years. (see DEQ
press release;Ingham
County Interim Court Order;Settlement
Agreement) After years of pollution, the
bad news is: the new "treatment" will not function until next
year, if then; and the old "treatment" doesn't work. Which
means neighbors and streams will suffer Vreba-Hoff business as usual --
pollution for many many more months.
May 18 - Durfee Creek, a stream on Michigan's 303(d) list
of impaired waters, is still foul and blackish-red, a month after manure
discharges from Vreba-Hoff. The stream still has slim
to non-existent buffers, and today--brush removal ! by the Lenawee County
Drain Commission. How can this stream recover, with continuing
abuse and degradation? In its Notice Letter citing multiple discharges
over several days, DEQ noted the pivot irrigator "travels through
a low wet area where irrigation of waste easily flows into the creek."
The letter also noted the stream "was very dark in color and had
a strong agricultural waste odor...Several areas of obvious overland flow
and erosion from the irrigated field to the creek were noted. Very
little to no vegetated buffer exists along the creek."
(DEQ Notice Letter to Vreba-Hoff, April 11, 2007) 5-18-07 --(left) Durfee Creek, black water, at Dillon Hwy;and (right)
the thin green line is Durfee Creek's pitiful buffer, with heaps of back-hoe-ripped
shrubs from Drain Commission "brush removal" -- there's that
much less rootedness to hold soils and stop manure flows to this impaired
waterway.
May 4 - Vreba-Hoff Crisis-- 8 months of
overfull, overflowing lagoons, unlawful discharges, and still
no action from the court on Vreba-Hoff violations. Aerial
photos on May 4 show the north lagoon at Vreba-Hoff on US-127 overflowing
into adjacent calf hutch area. Other photos show overfull lagoons at both
facilities. Vreba-Hoff north lagoon, US-127, overflowing, 5-4-07 close-up,
manure water flowing into calf hutches
April 20 - Len. Co. Road Commission asks Vreba-Hoff
to pay $177,000 for road damage. "The cost of repairing three miles
of gravel roads that Vreba-Hoff Dairy used to haul manure to a lagoon
on Packard Road during the spring thaw is expected to be more than three
times the $55,000 bond the dairy posted in January for a haul route permit."
See full article
in Adrian Daily Telegram.
March - April - 23 new violations
at Vreba-Hoff facilities,
since Jan 1, 2007, documented in DEQ Notice Letters of March 14, March
21, April 11.
March 12 - Vreba-Hoff contempt hearings drag on and on.Thaw
has begun, fields are saturated, road weight-limit laws in effect.
How, where, will Vreba-Hoff dispose of these millions and millions
of gallons of sewage?
Jan 26 - ECCSCM joins Lenawee County Commissioners and asks
for a moratorium on CAFOs, as well as an immediate
halt to new construction of CAFOs and lagoons in Lenawee and
Hillsdale Counties, mandatory groundwater permits, mandatory monitoring
wells around all new and existing CAFOs, a limit to the amount of CAFO
waste applied in each watershed. and effective waste treatment of CAFO
waste. See full press release.
Jan 19 - DEQ, Attorney General's office ask the 30th Judicial
Circuit Court to find Vreba-Hoff in contempt of court
for ongoing violations of the Consent Judgment of 2004. Petition asks
for reduction in herd size until Vreba-Hoff can demonstrate to the satisfaction
of the Court and DEQ that it can properly manage all wastes produced by
the dairies without harming water resources of the state. See DEQ
press release.
Jan 10, 2007 - Lenawee County Commissioners vote unanimously
(8-0) for a moratorium on CAFO construction, for pollution
bonds for CAFOs, for on-site wastewater treatment similar to those for
municipalities. See Resolution.
Jan 9, 2007 -Vreba-Hoff lagoons
full, at the point of breaching. Vreba-Hoff began massive
emergency dumping, pivot-spraying of manure at multiple locations late
this afternoon, in violation of a court judgment prohibiting application
in winter. DEQ officials today confirmed the CAFOs are taking evasive
action and that they are aware of the violations. (see stench
alerts for more details). Jan 10 - dumping continues - ECCSCM calls
for an injunction to stop the illegal dumping, and asks DEQ to
shut the CAFO down (after years of mis-management and repeated
violations, at least 75 documented before this current onslaught of violations)
Christmas, 2006 - Just as the holiday and agency vacation
time began, Vreba-Hoff began construction of a new manure
lagoon (no construction permit required, no DEQ approval required? no
oversight under the Consent Judgment?) on Packard Hwy west of Bothwell
-- agravel road, a 2-mile hauling drive from
the facility on Dillon. No assessment was made so far as we know
about the soils, the site, the possible connections to tiles, to nearby
wetlands.
Vreba-Hoff's Consent Judgment requires treatment of manure to stop the
pollution, not more and more pits of untreated waste,
more and more hauling, more and more dumping. quick-dug Vreba-Hoff lagoon (at top) adjacent to wetlands; close-up
on right - Dec. 29, 2006
Dec, 2006 - Vreba-Hoff proposes new 5,000-cow
CAFO near Adrian in River Raisin Watershed. This site drains to
Black Creek, already listed as "impaired." Black Creek joins
the River Raisin just upstream from Blissfield, a city that takes its
drinking water from the River. Vreba-Hoff's test wells already
dried up a neighbor's well.
See Adrian DailyTelegramarticle,
Dec. 20, 2006.
See 2 studies from Union of Concerned Scientists on environmental/health
benefits of pasture-based agriculture: Greener
Pastures and Greener
Eggs & Ham
Dec 1, 2006 - Noncompliance letters to Vreba-Hoff
from both DEQ and the Attorney General's Office cite multiple, substantial
violations (see complete list), including
unlawful discharges and mismanagement of waste.The Attorney General cites
"numerous violations at both of your farms...the
apparent failures of the Press Treatment System and resulting accumulation
of excessive amounts of CAFO waste, treated and untreated." The letter
notes more than a dozen violations in 6 areas -- Unlawful Discharges,
Press Treatment System, Compost Pads, Waste Storage Structures (overfull),
Storm Water Management, Recordkeeping & Reporting. In October, DEQ
found the Waste Treatment System was "not in operation" during
numerous inspections, and noted "...based on your estimate of production,
you should be running the system no less than 12 hours a day, 365 days
a year in order to treat all manure currently being produced annually."
Dec 1 - rain, field flooding, after a month of heavy manure
application. Think what's flowing to Lake Erie from black manure
fields, bare ground saturated with waste, no crop.
Nov 25 - Thanksgiving weekend - heavy field applications (always on holidays),
including illegal discharges
of liquid manure through field tiles at two locations: Vreba-Hoff
1, discharge (E. coli count 10,000/100ml) to Covell
Dr, trib of Bean Creek, and Hartland Farms discharge
(E. coli count 55,000/100ml) to tributary of South Branch of
River Raisin.
Nov 25, 2006 - black water in Covell Drain, flowing to Bean
Creek; sample in bottle
Nov, 2006 - updated Health Impacts from CAFOs
and Liquid Manure Application Observed in Lenawee and Hillsdale County:
2002 -2006, now available. This report by ECCSCM volunteer
and R.N., Kathy Melmoth, documents public health concerns and health impacts
from local CAFO air pollution. (Full
report; or 1-page overview)
Major air pollutants
from CAFO manure application include Hydrogen sulfide, Ammonia, Volatile
Organic Compounds (VOCs), and Particulates. Hydrogen sulfide
is a powerful neurotoxin; it can cause permanent brain damage. Short
term symptoms of Hydrogen sulfide include headaches, breathing problems,
shortness of breath, throat irritation, chronic bronchitis, and nausea.
Long term injury can include memory loss, loss of balance, delayed
reaction time, and damage to other cognitive or thinking functions.
Death can come quickly in high doses. Inhaling Hydrogen sulfide is
the most common route into the body and it goes directly from the
lungs to the blood stream. Ammonia causes cough,
eye and nose irritation, sinus, skin and breathing problems. Ammonia
is usually inhaled. There can be hundreds of Volatile Organic
Compounds in CAFO emissions including alcohols, hydrocarbons,
phenols, etc. Particulates can include bioaerosols
such as bacteria, fungi, and viruses. People also breathe small particles
of fecal matter, skin cells, feed, etc. Any of these pollutants
can trigger asthma, or make respiratory problems worse.
Oct 17, 2006
- rain last night and manure fields are flowing after heavy field applications
this weekend (see stench alerts). Major contamination
entering Bean Creek Watershed. Some drains are overflowing at CAFO facilities:Shierson
Drain at Bruinsma; Bennett Drain at Waldron Dairy
(fields flooded); wetland at Vreba-Hoff on Dillon is
black.
Sept 26, 2006 - Missouri Hog
CAFO must pay $4.5 million to neighbors suffering from stench.
(see full
article)
"KANSAS CITY, Mo. - The
nation's second-largest pork producer must pay $4.5 million to three families
bothered by the smell from a northwest Missouri hog farm, a jury ruled.
The same Jackson County
jury also found grounds for punitive damages against Kansas City-based
Premium Standard Farms, but the company agreed not to appeal the actual
damages award and the plaintiffs in exchanged dropped their request for
punitive damages.
The families own or owned property
near the company's farm near Trenton.
The families' lawyer, Charles
Speer, said Friday's verdict was "by far and away the biggest award
(in the nation) against a major confined animal producer."
Kirk Goza, an attorney for
Premium Standard Farms, declined to comment after the verdict.
Speer is handling more than
50 other lawsuits against Premium Standard Farms. A separate class action
lawsuit involving a consortium of law firms seeks to represent anyone
who owns property within 10 miles of the company's more than 20 hog farms
in Missouri..."
Sept, 2006 -
Mich Dept. of Ag reports two local CAFOs have applied for expansion:
Vreba-Hoff 1, on Dillon Hwy, from 3,900
cows to 4,929; and Hoffland Dairy on
Haley Rd (formerly Vander Hoff Haley, from 868
to 1,680 cows. That's like adding the waste from
a good-sized city, 54,000+ people, to the huge waste-stream already flowing
on fields in this area.
August 2006 - Vreba-Hoff cited
by U.S. Food and Drug Administration for numerous animal/drug violations:
An FDA investigation at Vreba-Hoff on Dillon Hwy "found
that you hold animals under conditions that are so inadequate
that medicated animals bearing potentially harmful drug residues are likely
to enter the food supply." Vreba-Hoff
was cited for offering "an animal for sale for slaughter as food
that was adulterated" with penicillin. Previous investigations had
found oxytetracycline in tissues in a cow offered for sale. "In regard
to this oxytetracycline residue, our investigator noted that you administered
an approved animal drug via a route, intrauterine, which was not indicated
in the labeling, without benefit of a valid veterinarian-client-patient
relationship and that you failed to maintain adequate treatment records."
FDA letter, (August 14, 2006 - see
full letter)
August - see timeline
on the suffering of neighbors, their symptoms and sickness from State
Line Farms hog emissions, Jan - Aug, 2006. 36 days of stench
so intolerable that neighbors called DEQ. State Line has received two
Letters of Violation for air pollution, citing dozens of days violating
air quality law. Still no fines for this polluting facility.
July, 2006 -
Front page article,"Cattle emissions: Hazardous to health?"
in the Adrian Daily Telegram (7/2/06) describes a pilot project
under development for Hillsdale and Lenawee Counties to assess health
impacts from CAFO facilities and land application, including a 4-page
draft questionnaire
for residents with exposure to CAFO emissions.
Excerpt from the Telegram article (full
article here):
... A four-page complaint form has been developed for people who believe
they may be affected by large livestock operations and liquid manure applied
on surrounding farmland. Forms can be obtained from the Lenawee County
Health Department by calling 264-5202. “This is the first time we've
done something like this,” said Dr. Dean Sienko, Michigan's acting
chief medical executive. Complaints about odors and pollution from the large
dairies are required to go to Michigan's Department of Environmental Quality
and Department of Agriculture, he said. But those agencies do not evaluate
human health issues that some residents are concerned about. “Looking at this as a physician and as chief
medical executive for the state, I felt it's important we try to get some
information on the type of symptoms and concerns people have,” said
Sienko. I'm glad they're doing something,” said John
Klein, a neighbor of one of the dairy operations south of Hudson
in Hillsdale County. “It's not just an occasional odor,”
Klein said. When the wind brings emissions from the nearby Vreba-Hoff
dairy on U.S. 127 to his home, Klein said, it makes him physically ill. “For the last two weeks I couldn't open the
windows without feeling headaches and getting sick,” Klein said.
“The headaches are a reality. You open the window and it hits you,”
he said. “Most people get up in the morning and look to see if its
raining. I look to see which way the wind is blowing.” Klein, a leader in a local environmental group [ECCSCM]
formed in response to development of the dairy operations, said he and
others in the area have complained about a variety of symptoms for years.
Because the source of the emissions is farms rather than industrial plants,
he said, the state government has taken little notice. Seinko said the growing volume of complaints from
people in the area helped convince him that more information is needed
to understand what is happening.
June, 2006 -
Monitoring in progress--Dissolved Oxygen levels
plummet downstream from Vreba-Hoff.
April, 2006
- New Flevo CAFO must pay $42,000 in fines and costs,
and must cease land application of manure in winter, as part of settlement
of lawsuit after multiple manure discharges. See DEQ
press release for more details.
April 19, 2006 - After 6 years, it's the same polluted air,
the same degradation and contamination of water -- after 6 years! Where's
the backbone, where's the will to clean up? or shut CAFOs down if they
can't clean up? Today, with massive manure applications, the pumping
of multi-million-gallon waste pits, there's stench from Bakerlads
draglining, east of facility; stench from Hoffland application
at two locations, also Bruinsma. Winds are carrying stench
from facilities as well: State Line Farms cited by DEQ
for emissions yesterday, and reported again today; stench west of
Vreba-Hoff 2 along Elm Rd. Intense emissions from Vreba-Hoff
1 along Dillon Hwy -- burns eyes, sickly stench, "nauseating,"
"You can't live with this. This is hell."
Also today (see photos below) two sites draining Vreba-Hoff
1 on Dillon Hwy tested extremely low (3.6mg/L)
for Dissolved Oxygen, a serious violation of Michigan's water standard,
which is 5.0mg/L or higher for DO. The water at another site on Elm Rd
just west of Vreba-Hoff 2 was covered with a floating, slick brown film.
Durfee Creek Extension (still impaired, trashed, eutrophied),
DO 3.6mg/L on 4-19-06
Clarke Drain (slimed, slick with a brown film) just west of Vreba-Hoff
2 facility on 4-19-06.
Why Don’t Our “Leaders”*
Face the Facts?The Market
Facts?
The Current Market Facts:
• Small-scale
farming is “a major growth area and offers
the best opportunity” for entering agriculture.
(US Dept. of Labor, Bureau of Labor Statistics)
• The demand for organic agricultural products increased
by 20 percent or more each year throughout the 1990's.
(USDA)
• Pasture-based dairies are “more profitable
per cow than confinement” (Rudstrom, 2005). Grazing
dairy operations have “higher economic profit per cow,”
as well as higher asset, labor, and operating efficiency (Gloy 2002
, Dart 1998, and Kriegl 2003)
• Organic crop production quadrupled between 1992 and 2003,
making it one of the fastest growing agricultural segments
(USDA)
*Rep.
Bruce Caswell, Sen. Cameron Brown, Rep. Dudley Spade, Rep.Dianne
Byrum, Farm Bureau.
--Why don’t they support pasture-based agriculture –
instead of costly, subsidized, polluting, unsustainable CAFOs? Don’t
they read current studies, economic facts? Don’t they talk
to MSU, sustainable ag researchers? Or do they just talk to each
other – in a closed agri-biz loop?
March 2006 - red water at Vreba-Hoff stream. What is it?
South Medina Drain, a stream listed as "impaired" in 2004 after
multiple manure discharges from Vreba-Hoff, looks worse
than ever this month -- deep blood-red. See photo-sequence
of this stream through many colors of contamination: red, yellow, brown,
gray, black, 2002-2006.
Letters to Editor, see
full text,Toledo Blade, March 26, on CAFO threats to
communities:
"Water is our basic beverage, not milk,
and clean water, the issue. If you are not outraged, you are not paying
attention." Gloria Green, Chairman, Natural Resources Clean Water
Committee
League of Women Voters of the Perrysburg Area
"I have documented water pollution and health problems suffered
by our most vulnerable rural citizens - the elderly, children, and
the immune-compromised - from involuntary exposure to air emissions
from CAFOs and liquid manure applications to fields. I have also observed
numerous liquid manure discharges into our streams from CAFOs since
2000." Kathy Melmoth, R.N., full-time farmer, ECCSCM volunteer
March - again, and again, with thaw and spring rains,
liquid manure flows and pollutes after application to frozen fields.
When will they learn? We go through this year after year
(check it out). Liquid manure on frozen ground
will do one thing -- run off -- on the surface, or through tile inlets.
Either way, pollution flows to our streams. Email DEQ (chesters@michigan.gov)and say, we've had enough.Michigan should prohibit
application of liquid manure to frozen ground. 3-13-06 Mericam manure water running off
field to county drain and Toad Creek after spring rain MDA "solution" - 2 STRAW BALES !!
MDA staff wrote to ECCSCM, 3-14-06 (our emphasis): "The manure appliciation
conforms to GAAMPs. I reviewed the sites along Seeley Road. I noticed
a spot along Camden Road where puddled manure needed to be incorporated
and an open drain along Seeley Road that needed straw bales (for
runoff control) in case of a storm event." This is
the "high-tech" waste system that pollutes our air and contaminates
our streams.
Feb 7, 2006 -Sierra
Club releases documentary,Living a Nightmare: Animal Factories
in Michigan, with local farmers and neighbors describing
the degradation of water and air, the damage to rural economies, and the
risk to public health. click for more information and order form
February 1, 2006 - Michigan suit against Hoffland
CAFO - formerly VanderHoff Haley Dairy - is settled (see DEQ
press release). Hoffland will pay $20,000 in fines, and must cease
land application of agricultural waste to snow or ice-covered soil when
the waste cannot be injected or incorporated. The CAFO will also be required
to install a press treatment system (liquid/solid separation) for the
"stabilization of waste produced in the cow barns."
January 16, 2006 - State Line Farms cited
again for air emisssions.
July - November, 2005 - following investigation of numerous
air quality complaints over several months, DEQ cites State Line
Farms for violation of the federal Clean Air Act and Michigan
air pollution law (Rule 901 - "A person shall not cause or permit
the emission of an air contaminant in quantities that cause injurious
effect to human health, property, or the unreasonable interference with
the comfortable enjoyment of life and property"). 9 inspections
between July and November found "strong" or "very strong"
odors, burning sensation in the nose, "objectionable hog waste odors,"
etc. State Line must report by Jan 6, 2006 on the causes
of the violations and on remedial action taken to prevent reoccurence
of emissions. State Line refused to accept Letter of
Violation sent Nov. 10, 2005. TheLetter of Violation was finally hand-delivered
on December 8, 2005.
Holidays, 2005 -
Winter Waste Application
Why is this practice - CAFO dumping - still legal
in Michigan?
It's started again, a foul winter ritual - the spraying of liquid manure
from CAFOs on snow and frozen ground. This practice is "not recommended"
in Michigan's Generally Accepted Agricultural Management Practices (GAAMPs). But
there's no penalty for doing it. Why not? With the first rain or first
thaw, the waste flows off fields into streams.
Manure can't fertilize crops when there is no crop; it can't reach soils
when the ground is covered with snow. Spraying on snow and frozen
ground serves one purpose only -- waste disposal. Dumping. It's free to
CAFOs. It's costly and hazardous to the rest of us. High bacteria counts downstream from manure-fields
Through November this year, CAFOs sprayed liquid waste on fields
(see list of applications, stench alerts). On
Thanksgiving, we had snowfall, then a few days later, 1.55 inches of rain.
Water samples downstream from manure-fields tested extremely high for
E. coli bacteria, some sites more than 50 times the allowable
level of 1,000/100 ml:
Tributary to Fisher Lake, 11-29-05, downstream from Vreba-Hoff
- E. coli 22,000/100 ml
Wallace Drain to Hazen Creek, 11-29-05, downstream from New Flevo
- E. coli 48,000/100 ml
Durfee Creek, 11-21-05, downstream from Vreba-Hoff -
E. coli Too Numerous To Count
Durfee Creek, November 2005. This stream is already on Michigan's list
of "impaired" waters, after multiple manure discharges from
Vreba-Hoff CAFO.
June 20 - Vreba-Hoff
discharges manure AGAIN, into South Medina Drain, which was placed on
Michigan's "impaired waters" list last year because of previous
contamination from Vreba-Hoff. Black manure water is discharging
through field tiles, after pivot-irrigation of liquid manure on growing
crop. ECCSCM volunteer called DEQ hotline; DEQ took water samples.
Dissolved Oxygen is 0.5 mg/L, well below fish-kill level.
North Medina Drain is clear, South Medina Drain is grossly discolored,
smells of manure. V-H resumed pivot irrigation in same location
in late afternoon. ECCSCM took water samples for E. coli.
June 23 - E. coli test results: 22,000/100ml on June 20;
32,000/100ml on June 21. manure water in South Medina Drain on June 20, 2005; water samples,
1 from North Medina Dr, 2 from South Medina Drain.
Vreba-Hoff pivot-spraying liquid manure near Ingall Hwy, June 20,
2005 - black water flows through tiles to South Medina Drain in Bean/Tiffin
Watershed.
June 13 - DEQ, MDA documents reveal
months of inaction on CAFO air violations (summary below)
Chronology of Neglect - One CAFO's
Bad Air -Winter 2004 to June 2005
(details from DEQ,MDA
documents FOIAed by ECCSCM)
DEQ and MDA documents reveal a sad story of jurisdictional confusion
over CAFO air emissions, leaving neighbors stuck in stench-- the
sickness of pig stink-- for a year and a half. People called MDA,
they called DEQ; nobody knew who was in charge, including the agencies.
The consequence? -- inaction, and prolonged suffering of neighbors
in an agricultural community.
Since the expansion of a swine CAFO near Morenci
in Winter 2004 -- construction which was completed without using
MDA's Siting guidelines -- neighbors have pleaded for help from
MDA, DEQ, their local officials, Sen. Cameron Brown, and even Governor
Granholm. The CAFO was built too close, much too close, to neighbors.
Finally, in a letter to the CAFO on June 13, MDA said so: "this
facility does not meet the setback requirements of the Site Selection
GAAMPSs."
So, now what? Well, of course, now it's there.
In the neighbors' faces. One neighbor, who's lived in her farmhouse
for 50 years, wrote last year to Gov. Granholm, "It is a terrible
situation-- the odor from the hogs is nauseating. We have tried
to get the Mich. Dept. of Ag to help -- they do nothing." Another
letter, to Sen. Brown this February, said, "I don't deserve
to be driven from my home."
During the last year, DEQ received at least 18
air complaints about the CAFO, investigated them, and often found
emissions "distinct and objectionable." MDA also received
several calls. MDA, interestingly, found no problem, not once, barely
a "whiff," one reported, complaints "not verified."
Cases closed.
This February, DEQ prepared a Letter of Violation
to the CAFO citing multiple violations of the federal Clean Air
Act as well as Michigan's Natural Resources and Environmental Protection
Act, Rule 901. The letter, however, was never sent. Although the
letter cited 9 complaints and 7 follow-up inspections in Oct, Nov,
Dec 2004 and Feb 2005, all documenting "distinct, definite
and often objectionable odors," MDA stepped in at the last
minute, argued a new process required a hard-copy referral to DEQ,
not just email, etc., etc., claimed jurisdiction over air emissions,
and then -- did nothing.
Since February, MDA has taken no action. They
waited and waited, told complainants the GAAMPs were voluntary,
sent information to the CAFO about complying, retroactively, and
then waited some more. When the CAFO finally submitted details about
its facility, MDA wrote the June 13 letter and recommended biofilters
as a "variance" to the setback requirements. The biofilters
aren't a requirement. MDA simply reminded the CAFO: "in order
for MDA to accept the proposed OMP [Odor Management Plan] for this
new swine production facility, odor control biofilters or equivalent
odor reduction technologies must be properly installed."
How much longer will the neighbors have to wait
for clean air? A long long time, if the CAFO ignores MDA's suggestion.
As it can. As it has. MDA has no clout -- they have guidelines,
voluntary guidelines. MDA has no rules, no air monitoring
equipment, no protocol for responding to health concerns.
How bad is it? Residents report headaches, nausea, the inability
to go outside; one neighbor without air conditioning described stench
so bad he had to shut the windows in terrible summer heat. One DEQ
investigator driving by the CAFO with his asthmatic son had to leave
the scene when the son required his inhaler. Healthy neighbors,
but especially children and the elderly, vulnerable populations,
continue to suffer the consequences of Michigan's squabbling agencies
and the CAFOs' relentless emissions.
It is wrong, a violation
of our deepest values, for us to turn away from the weakest and
their suffering, for us to dismiss them, turn them back into their
houses -- while we give the strongest, the most negligent, a free
pass to foul the air.
April - MSU report details DNA study of Cryptosporidium,
a pathogen that can cause serious diarrhea and sometimes death, which
was found at extremely high levels in water samples from Rice Lake Drain
at Haley Rd, a River Raisin tributary, immediately downstream from Hoffland
(formerly VanderHoff Haley) Dairy CAFO. Tests showed an average
concentration of 10,866 oocysts/100L, with a high of 49,900 on
Dec. 6, 2004. A sample on Dec. 6 showed infectivity in
cell culture. DNA testing found "the Cryptosporidium
sequence from the white tile into Rice Lake drain collected on 12/7/04
has the closest relationship to sequences of the bovine genotype" (see
more on MSU findings)
April 18 - Sierra Club releases
report on 66 Michigan CAFOs in 15 counties. ECCSCM member and Sierra Club
Water Sentinel Lynn Henning documented proximity of CAFOs to drains, streams,
wetlands, and connections to tile risers, catch basins -- all potential
pathways of CAFO pollution. See final
report and also spreadsheet
with details on each facility.
April, 2005
- all CAFOs applying liquid manure. Air emissions, stench downwind is
intense. pivot irrigating liquid manure, New Flevo
CAFO, 4-14-05
Feb. 18, 2005 - DEQ disapproves Vreba-Hoff's
draft plan for wastewater treatment, saying it falls "far short"
of what is required under the 2004 Consent Order. DEQ cites numerous insufficiencies,
including no seal by a professional engineer, no phosphorous treatment
as required, no transfer system description, no sand-separation component,
no piping or control details, no description of how untreated waste will
be applied, inadequate sampling parameters and plan, no quality assurance
plan. end of Jan-early Feb - winter mess & stench - CAFOs are spraying
manure on snow & frozen ground, not a recommended practice. At the
first thaw, you can picture it - liquid manure runoff to drains and streams.
Feb. 3, 2005 - Mericam CAFO spraying on snow, on sloping field, Territorial
Rd
Michigan State University Violates Clean Water Act at Livestock
Operations Jan. 24 - DEQ cites MSU Beef Cattle Research &
Teaching Center for illegal manure discharges leading to contamination
of the Red Cedar River. In a Notice Letter, Jan. 24, 2005, DEQ notes
a lack of proper collection and storage for silage at the CAFO, resulting
in silage leachate and contaminated stormwater at part of the MSU facility.
In another area, "manure runoff flows to a catch basin...and a tile
riser." These structures are inlets for runoff through County
Drains to the Red Cedar River. DEQ orders MSU to apply for an MPDES
permit and to prepare (finally -- why would MSU be last in environmental
protection rather than first?) a Comprehensive Nutrient Management Plan.
Vreba-Hoff
CAFO must install wastewater treatment system, pay $75,000
Dec. 28, 2004 - DEQ announced that Vreba-Hoff must install
a $1,000,000 wastewater treatment system by December 2005, must apply
for individual NPDES permits for both facilities, and
must immediately cease all land application
of untreated waste in the Lime Lake basin, a drainage
area on Michigan's 303(d) list of impaired waters. Vreba-Hoff has
had multiple illegal discharges from fields along Lime Lake Inlet. With
these actions, in settlement of DEQ's lawsuit against the CAFO for multiple
violations, Michigan takes a first step in changing the CAFO waste system
to a less liquid system. Vreba-Hoff must also pay $75,000. See DEQ
press release. ECCSCM applauds Michigan's action
-- the first of its kind in dealing with untreated animal waste.
Wastewater treatment systems -- eventually full wastewater
treatment, as in other industries and municipalities -- individual NPDES
permits, an end to land application of untreated wastes, should
be requirements for all CAFOs. The liquid waste system, the practices,
and the polluting discharges of Vreba-Hoff CAFOs are no different from
other CAFOs here and elsewhere in the state.
_____ Dec. 7, 2004 - rain and runoff -
milky foul stream from Bruinsma CAFO flowed through Morenci
Sportsmen's Club property and into Silver Creek; contaminated runoff from
Marvin Farms flowed to Hazen Creek. DEQ water samples
found E. coli count of 500,000/100 ml in Marvin
Farms runoff. foul water flowing to Silver Creek
contaminated runoff flowing to Hazen Creek
____ Oct. 22, 2004 - Cryptosporidium, a pathogen
that can cause serious diarrhea and sometimes death, was found at extremely
high levels, 2,600 oocysts/100L and 860 potentially viable oocysts/100L,
in a water sample taken on October 22, 2004, from Rice Lake Drain at Haley
Rd, immediately downstream from VanderHoff Haley.(see
full details)
____
DEQ task force reports on ag discharge
data, March 2004, at CAFO sites, Lenawee/Hillsdale
____ Nov 18, 2004 -- DEQ files suit
against New Flevo Dairy following multiple violations.
The suit alleges Arnoud Schot, owner of New Flevo, "discharged agricultural
wastes from his dairy operation in Lenawee County to protected waters
of the state on at least ten occasions. These discharges occurred without
a permit and are alleged to have impacted area waterways including the
Wallace and Penrod County Drains and Hazen Creek. The DEQ alleges that
these discharges contained pollutants at concentrations that may injure
the public health and the environment." (fromDEQ
Press Release) ____ Mussel
surveyof
Bean Creek watershed, summer 2004, finds
17 species of freshwater mussels, including 3 species of special concern
-- slippershell, round pigtoe, and rainbow mussel.
Best sites were in St. Joseph Creek, and poorest sites were in Silver
Creek, where no live mussels were found. ECCSCM volunteers coordinated
this survey conducted by aquatic zoologists with the Michigan Natural
Features Inventory, MSU. For more
details, photos of mussels, a clam trail, big-footed pocketbook mussel,
and more!click here.
____ Aug 4, 2004 - DEQ
files suit against Hoffland Dairy (formerly VanderHoff Haley Dairy)
after multiple violations. The suit alleges Mr. Jan Vander Hoff "discharged
agricultural wastes from his dairy operation to Lenawee County’s
Rice Lake Drain and Bovee Drain without a permit on at least seven occasions,
with the most recent occurring on July 31, 2004. In addition, the claim
alleges that these discharges contained pollutants at concentrations that
may injure the public health and the environment." (from DEQ
press release)
____ (Sept. 2003) -July, 2004 - Vreba-Hoff stormwater -- contamination
still flows, after 19 months (see details
& photos)
____
Durfee Creek, Medina Drain listed as severely impaired 2 streams draining Vreba-Hoff -- Medina Drain
and Durfee Creek -- have just been added to Michigan's 303(d)
list of "impaired waters." Vreba-Hoff CAFO on Dillon
Hwy was the first built here, in 1997. After 7 years of liquid manure
on tile-drained fields, streams have been severely impaired. In
a few more years, what will happen to all the other streams draining all
the other CAFOs?
____ Winter and spring
pollution
As bad as last year, recent months have brought a terrible series
of liquid manure discharges (50 violations, and that's only counting the
days DEQ was here and taking water samples). More than half of the discharges
were from Vreba-Hoff facilities and fields, with massive
pollution entering Lime Lake. DEQ also cited Vreba-Hoff for multiple
contaminated stormwater discharges, noting, "Numerous water samples
collected from the storm water discharge channel over the past
four months have revealed high concentrations of pathogens and
nutrients indicative of a direct discharge of polluting materials."
(DEQ Notice Letter, June 3, 2004)
See a few photos of discharges, below, from February. No wonder the lake
turned completely green, from algal blooms in May. (See details of violations)
____
AMERICAN PUBLIC HEALTH ASSOCIATION URGES MORATORIUM ON
NEW FACTORY FARMS--Pollution,
health, and economic impacts cited as reasons(see
APHA
document)
____ Final report: ECCSCM Water
Monitoring Project Final report, April 2004: DEQ biosurvey of
streams near CAFOs finds "significantly impaired" headwaters
of two streams at Vreba-Hoff on Dillon. Both streams added to Michigan's
"impaired waters" list. Recent harassment of water
monitors--trespass, vandalism
March 1, 2, 3.... on through March 24, 25...for three weeks, diesel
fuel spill is flowing into Medina Drain/Bean Creek from Vreba-Hoff.
Finally March 27, after EPA action, a dam and containment system was put
in place. (above) diesel fuel spill from 1,000 gal tank in Vreba-Hoff
field, March 1; HazMat booms, fuel overflowing with heavy
rain March 5
40+ illegal discharges Jan-March, 2004 -- (above) liquid manure flows in Wolf Creek (upstream from
Adrian drinking water supply);black water in Lime Lake Inlet East, February,
2004
(above) manure discharging to Lime Lake Inlet East, Feb.
21, 2004,from Vreba-Hoff; May 5, 2004 - the
lake turned completely green, from excess nutrients and algal bloom.
1. It's geese (or deer, or raccoons)
2. It's that house over there
3. It's those 6 horses
4. That's just sediment
5. It's tannins in the water (or cherry trees)
6. etc....
(why not
"It's probably those 4,000 cows
& their millions of gallons of waste on the fields"?)
Past News: CAFO Pollution News, 2003
January 28, 2003 -- everything else is frozen, but drains are flowing
near liquid manure application. See photos.
November, 2002 -- CAFO intimidation tactics. Two manure-tankers and hauler's
truck block ECCSCM Vice-President's car on a country road. See photos.
ECCSCM
Meeting Dates -- 3rd Wednesday
every month, Hudson Community Center