-----Original Message----- From: Marianne Engelman Lado <[log in to unmask]> To: cafolegalworkinggroup <[log in to unmask]> Sent: Fri, Oct 3, 2014 1:32 pm Subject: [cafolegalworkinggroup] Compliance Action FYI. Marianne Marianne Engelman Lado Managing Attorney, Northeast Office Earthjustice 48 Wall Street, 19th Floor New York, NY 10005 T: 212.845.7393 F: 212.918.1556 earthjustice.org The information contained in this email message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email and delete the message and any attachments. U.S. Environmental Protection Agency, Region 7 11201 Renner Boulevard, Lenexa, KS 66219 Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations EPA Inspection Finds Clean Water Act Violations by E&M Farms, Inc., Dairy Operation near Ossian, Iowa Contact Information: Ben Washburn, 913-551-7364, [log in to unmask] Environmental News FOR IMMEDIATE RELEASE (Lenexa, Kan., October 3, 2014) - As a result of an inspection of northeastern Iowa livestock operations by EPA Region 7 staff last spring, the owner of E&M Farms, Inc., has agreed to pay a $7,500 civil penalty to settle alleged violations of the Clean Water Act (CWA) at its dairy operation near Ossian. EPA’s inspection and sampling of E&M Farms, Inc., documented pollutant discharges from the 500-head dairy facility to Dry Branch Creek, a perennial stream. The pollutants observed during the inspection came from outdoor production areas, including outdoor confinement pens. Manure and process wastewater from these areas flowed through a culvert to the stream. Because the discharge was facilitated by a man-made conveyance, the dairy operation met the definition of a medium Concentrated Animal Feeding Operation (CAFO) and was subject to the CWA and federal regulation. Manure and wastewater discharges from concentrated animal feeding operations and their land application areas can violate water quality standards, pose risks to human health, threaten aquatic life and its habitat, and impair the use and enjoyment of waterways. Many dairies in Iowa have not sought CWA permits because they claim they do not discharge pollutants. For some dairies, however, improper management of outdoor areas can result in significant CWA violations. Also, dairies that confine from 200 to 699 cattle, and beef operations that confine from 300 to 999 cattle, need to evaluate their flow paths toward streams. The presence of a man-made conveyance facilitating discharges makes them subject to regulation as CAFOs. As part of a consent agreement with EPA, E&M Farms has certified that it is now in compliance with the Clean Water Act. The consent agreement is subject to a 40-day public comment period before it becomes final. Information on how to submit comments is available on the EPA Region 7 website. # # # Learn more about EPA’s enforcement of the Clean Water Act Learn more about the National Pollution Discharge Elimination System (NPDES) and how it regulates concentrated animal feeding operations (CAFOs) EPA Region 7 offers 10 tips to help CAFO owners and operators prepare for inspections View all Region 7 news releases Connect with EPA Region 7 on Facebook: www.facebook.com/eparegion7 You can unsubscribe or update your subscriptions or e-mail address at any time on your Subscriber Preferences Page. All you will need is your e-mail address. If you have any questions or problems, please e-mail subscriberhelp.govdelivery.com for assistance. This service is provided to you at no charge by the U.S. Environmental Protection Agency. This email was sent to [log in to unmask] using GovDelivery, on behalf of: U.S. Environmental Protection Agency · 1200 Pennsylvania Avenue NW · Washington DC 20460 · 202-564-4355 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the IOWA-TOPICS list, send any message to: [log in to unmask] Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp