Environment DEC
From the September 2006 issue
DEC Announces Consent Order with Lewis County Farm for Manure Spill
The New York State Department of Environmental Conservation (DEC) and Marks Dairy Farm in Lowville, Lewis County, have entered into a consent order that requires payment of more than $2 million-including funding more than $1.5 million in environmental benefit projects-because of environmental damage caused by a large liquid manure spill.
"DEC is committed to holding responsible parties accountable for damages to the environment, and this spill had significant impacts to the area's fisheries, among other resources," said DEC Commissioner Sheehan. "The consent order with Marks Dairy Farm is a necessary, positive step that will help address the violations that took place by requiring comprehensive corrective actions and increasing recreational access."
Hundreds of Thousands of Fish Killed
Liquid manure is often stored
in large tanks
On August 10, 2005, several million gallons of manure being stored at the large dairy farm operation emptied into an adjacent field and moved through a drainage ditch into the Black River. The spill led to a strong drop in dissolved oxygen levels in the water. More than 375,000 fish were killed in an approximately 20-mile stretch of the Black River. DEC subsequently issued a Notice of Violation (NOV) detailing preliminary violations, including water quality violations and violations of the terms and conditions of the facility's Concentrated Animal Feeding Operations (CAFO) permit.
Working with the state Department of Health (DOH), the Lewis County Soil and Water Conservation District, local officials and the state Department of Agriculture and Markets, DEC investigated the circumstances of the spill, counted the fish killed, monitored water quality and diluted the manure plume. DEC's investigation into the remaining fish population in the areas affected by the spill showed that many young fish and macroinvertebrates survived the spill, thereby maintaining the ecological basis for that stretch of the river's food chain.
Marks Dairy Farm
Marks Dairy Farm is one of the largest dairy operations in the Northeast, with more than 5,000 cows and thousands of acres of crop fields. When operating in accordance with the facility's CAFO permit, manure is safely stored and applied to crop fields to recycle nutrients as fertilizer.
Under the terms of the consent order, Marks Dairy Farm has agreed to pay a $2.2 million settlement package. The consent order resolves the outstanding violations and requires the owners to bring their facility into compliance with all environmental regulations and standards.
