Manure Manager

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ID dairy operator fined for storm water violations


August 16, 2010
By Manure Manager

Topics

August 6, 2010, Seattle,
WA – Happy Valley Dairy of Nampa, ID, reached a settlement with the U.S.
Environmental Protection Agency for alleged Clean Water Act violations related
to a construction project at the dairy.


August 6, 2010, Seattle,
WA – Happy Valley Dairy of Nampa, ID, reached a settlement with the U.S.
Environmental Protection Agency
for alleged Clean Water Act violations related
to a construction project at the dairy.

The violations were
found in April 2010 during a joint EPA and Corps of Engineers inspection which
resulted from a citizen’s complaint. The company has agreed to come into
compliance and pay a penalty of $14,750 for the stormwater violations. An
investigation into alleged wetlands violations at the site continues.

Under the Clean Water
Act
, owners and general contractors at construction sites larger than one acre
must apply for coverage under a Construction General Permit (CGP), which limits
storm water runoff. The dairy was found to be exposing soils to erosion in an
approximately 10-acre area and they were also removing vegetation from the
banks of Indian Creek. The CGP’s central requirement is that each operator must
design, install and maintain stormwater controls to prevent construction area
runoff from polluting nearby streams and lakes. Without these controls,
pollutants typically associated with construction sites, such as sediment, oil
and grease, and concrete washout can enter nearby waterways.

EPA observed the
following violations:

  • Failure to obtain
    coverage under the CGP
  • Failure to plan and
    describe storm water activities in a Storm Water Pollution Prevention Plan
  • Failure to conduct
    and document results of regular storm water self inspections
  • Failure to install
    and maintain the required erosion and sediment controls

“If a facility is doing
construction work like this on an area that is more than an acre, they will
need coverage under this permit,” said Kim Ogle, manager of EPA’s Compliance
Unit in Seattle. “Developers that fail to obtain or follow these permit
conditions will face fines.”