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Penalty rescinded against DeRuyter Brothers Dairy

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Penalty rescinded against DeRuyter Brothers Dairy
The Washington Department of Ecology (WDE) has rescinded a $ 22,000 penalty
issued to the DeRuyter Brothers Dairy Inc. on May 19, 2010. The penalty had
been issued for allegedly allowing liquid manure to run into waters of the
state after application to a field near Van Belle Road.

May 20, 2011, Yakima, WA –
The Washington Department of Ecology (WDE) has rescinded a $22,000 penalty
issued to the DeRuyter Brothers Dairy Inc. on May 19, 2010. The penalty had
been issued for allegedly allowing liquid manure to run into waters of the
state after application to a field.

“We are pleased that (WDE)
recognized its mistakes in issuing the penalty. (WDE) did the right thing in
rescinding it,” said Genny DeRuyter.

The incident had been
investigated by inspectors from both the departments of Agriculture and
Ecology. The DeRuyter Brothers denied a violation had occurred, and appealed to
the Pollution Control Hearings Board.

WDE became aware of
problems with the investigation during the appeal process. These included
non-standard sampling procedures and failure to immediately inform the dairy
operators that a release had occurred. This led the agency to rescind the
penalty, effective May 10, 2011.

“We take seriously our responsibility
to carry out the Legislature’s intent in enacting the Water Pollution Control
Act, and it is a priority to work with landowners to help them do their part to
prevent water pollution,” said Charlie McKinney, water quality manager in WDE’s
Central Regional office. “In this case, we were concerned about our procedures.
We’re taking care to better coordinate our efforts, both with agriculture and
with those we regulate.”