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EPA orders dairies to stop discharging

June 11, 2009, Dallas, TX – The Environmental Protection Agency (EPA)
recently issued cease and desist orders to the Allrounder I and II
Dairies in Hopkins County, Texas, for violations of the federal Clean
Water Act.
June 11, 2009, Dallas, TX – The Environmental Protection Agency (EPA) recently issued cease and desist 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 the operation’s 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.