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News June 30 - For the first time, the Michigan DEQ denies a proposed NPDES permit for a CAFO. Bustorf Dairy in St. Joseph County was denied a permit after very strong testimony by the township, local businesses and residents, Republicans for Environmental Protection, and the Huron Potawatomi Tribe that demonstrated “considerable disagreement on the validity of the assertions made by the applicant” regarding social and economic benefits to the community. See DEQ decision and Kalamazoo Gazette article. May 22 - Pulic hearing in Hudson on Waldron, Vreba-Hoff permits was packed with neighbors, downstream residents, telling their stories of CAFO pollution, asking DEQ to deny NPDES permits to both CAFOs. See Adrian Telegram article. Written comments can be emailed until May 29 to Mike Bitondo, DEQ: bitondom@michigan.gov PUBLIC HEARING FOR WALDRON DAIRY AND VREBA-HOFF PERMITS -- MAY 22, 2008 -- 6:30 p.m. 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 Farms manure 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 Bakerlads
are still spreading, in the rain. 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. 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. 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. 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. 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) 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 find E. 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) 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) 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. 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. 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 -- a gravel 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. 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. 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, 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)
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) 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."
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. 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.
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.
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. 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. 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 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.
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 13 - DEQ, MDA documents reveal months of inaction on CAFO air violations (summary below)
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, 2005
- all CAFOs applying liquid manure. Air emissions, stench downwind is
intense. Vreba-Hoff
CAFO must install wastewater treatment system, pay $75,000
ECCSCM Meeting Dates -- 3rd Wednesday every month, Hudson Community Center
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