February 1, 2006

Department of Environmental Quality Director Steven E. Chester announced today that a settlement was reached with Hoffland Dairy LLC, formerly doing business as VanderHoff-Haley Dairy. The lawsuit was initially filed in August 2004, and supplemented in March 2005 after DEQ staff documented numerous discharges of agricultural waste to the Rice Lake Drain and other area waterways.

Hoffland, located in Lenawee County’s Dover Township, houses approximately 680 cows and is a medium-sized concentrated animal feeding operation (CAFO) subject to regulation under both state and federal water quality protection laws. The dairy is located within the South Branch River Raisin Subbasin, part of the larger River Raisin Watershed which serves as the drinking water source for the downstream communities of Blissfield and Deerfield. The DEQ was primarily concerned by pathogen concentrations, specifically E. coli and Cryptosporidium, suspected to emanate from the dairy’s production area.

“This settlement with Hoffland Dairy will be of benefit to Michigan's environment,” said DEQ Director Steven E. Chester. “The DEQ is a supporter of agriculture in our state, and we must ensure that their operations are protective of the health and welfare of their neighbors.”

As part of the settlement with the DEQ, Hoffland has agreed to undertake a number of corrective actions to ensure that future discharges of agricultural waste to waters of the state do not occur. These actions include:

• Obtaining a National Pollutant Discharge Elimination System permit from the DEQ.

• Ceasing the land application of agricultural waste to snow or ice covered soil when the waste cannot be injected or incorporated.

• Evaluating existing waste storage structures and making improvements as necessary to ensure containment of production area waste (including sileage, leachate, and contaminated storm water).

• Installing a Press Treatment System for the stabilization of waste produced in the cow barns.

"The terms of the consent judgment provide needed controls to return the local waters to the high quality our citizens expect," said Attorney General Mike Cox. "This is yet another step in fulfilling my commitment to represent our citizen's interest in the protection of their water resources."

Hoffland will also pay to the state general fund a civil fine of $15,000 and partially reimburse the DEQ $5,000 for enforcement costs. This nominal fine was agreed upon in large part due to the cost of the Press Treatment System. Hoffland will be the first medium CAFO in the state of Michigan to install such a treatment system for its operation. Should violations of settlement terms occur, Hoffland has agreed to pay additional amounts to the general fund.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised February 1, 2006 by Linda Crawford for Pat Watson