For Release: Tuesday, August 23, 2005

DEC Issues Violations for Manure Spill, Fish Kill

Investigation Indicates Permit and Water Quality Violations at Lewis County Farm

New York State Department of Environmental Conservation (DEC) Commissioner Denise M. Sheehan today announced that DEC has commenced enforcement action against Marks Dairy Farm, Inc. in Lowville, Lewis County for a large liquid manure spill that occurred at the facility on August 10, 2005. The alleged violations were detailed in a Notice of Violation (NOV) delivered to the facility owners on Friday, August 19, 2005 and include water quality violations and violations of the terms and conditions of the facility's Concentrated Animal Feeding Operations (CAFO) Permit.

"DEC takes incidents of this kind very seriously and will remain vigilant in our efforts to uphold our important environmental regulations," Commissioner Sheehan said. "There were very serious environmental impacts from this incident, and DEC's enforcement efforts will help ensure that this does not happen again in the future and that the terms and conditions of the CAFO permit are upheld to protect public health and the environment. New York State was one of the first states in the nation to develop a permit for CAFO facilities and our CAFO monitoring and oversight program is among the strongest programs of its kind."

The NOV cites alleged violations of New York State Environmental Conservation Law and includes:

Violations of water quality standards, punishable by a maximum of $37,500 for each violation each day that the violations occurred;
Violations of the facility's CAFO permit conditions, punishable by a maximum fine of $37,500 for each violation for each day that the violations occurred;
A Discharge into the waters of the State without a DEC permit, punishable by a maximum fine of $37,500 for each day that the violation occurred; and
Release of materials that were injurious to fish, punishable by a maximum fine of $1,000 per offense plus an additional penalty of ten dollars for each fish killed.

DEC's investigation into the spill is continuing and more charges are possible in the future. Following Marks Farm's receipt of the NOV, DEC will work to resolve the outstanding violations and fines with the facility owners and bring the facility into compliance with all environmental regulations and standards.

The spill occurred earlier this month when 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. Thousands of fish were killed as a result. DEC is continuing the investigation and finalizing the number of fish believed to have been killed, but current estimates indicate that between 200,000 to 250,000 fish were killed.

DEC worked with the State Department of Health (DOH), the County Soil and Water Conservation District, local officials and the State Department of Agriculture and Markets to help investigate the circumstances of the spill, count the fish killed, monitor the water quality and dilute the manure plume. Water quality sampling efforts show marked improvement in the river's overall water quality since the spill occurred. DEC's investigation into the remaining fish population in the areas affected by the spill show that many young fish and macroinvertebrates survived the spill, keeping the ecological basis for that stretch of the river's food chain intact.

There are currently 475 medium and 145 large permitted CAFO facilities statewide. DEC was one of the first states in the nation to develop a CAFO permit in 1999. Under the program each large and medium CAFO facility is required to obtain a DEC permit. The permit contains conditions on waste control and management, and it requires submission of a plan for manure storage such as volume limits, location, erosion control, lining standards and structural design standards. The permit also requires that all CAFO facilities complete a Comprehensive Nutrient Management Plan that is prepared by a certified planner. This plan outlines how each facility will manage manure, wastewater, and other wastes. Each farm must submit an annual report to DEC to address its compliance with both its permit and implementation of its Nutrient Management Plan. Any extensive changes to the facility or the plan, suspected violations of the permit, or public complaints are inspected and reviewed by DEC.

Since 1996, more that $44 million has been committed on a cost-share basis from the 1996 Clean Water/Clean Air Bond Act and the Environmental Protection Fund for non-point source agricultural projects to help farmers address on-farm water quality challenges around the State.

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