September 16, 2003

The Department of Environmental Quality, with the assistance of the Department of Attorney General, has filed a civil lawsuit in the 30th Judicial Circuit in Ingham County against Vreba-Hoff Dairy, LLC, a large-scale dairy operation constructed in the late 1990s. Named in this suit are two Vreba-Hoff facilities: one located at 7601 Dillon Highway, Hudson; and the other located at 8502, South Meridian Road, Hudson. The lawsuit stems from Vreba-Hoff’s repeated violation of Part 31, Water Resources Protection, of the Michigan Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, by unlawfully discharging agricultural wastes to waters of the state from its two facilities. Together, the two facilities maintain approximately 6,000 dairy cows and generate a combined total of approximately 120,000 gallons of cattle manure at the facilities each day. By comparison, the EPA estimates that confined animals generate approximately three times more raw waste than is generated by humans.

The DEQ alleges in its complaint that numerous discharges of agricultural waste, including cattle manure and silage waste, from both Vreba-Hoff facilities have entered Bean Creek, which leads to the Tiffin River. Other discharges from both facilities have also entered Lime Lake and Fischer Lake through their respective tributaries. The majority of these discharges, containing high levels of phosphorus and ammonia in violation of state water quality standards, occurred because of the inappropriate land application of agricultural wastes and the improper management of their storm water from poorly designed storm water detainment structures. Further, biological oxygen demand (BOD) levels indicate that naturally occurring oxygen levels in the impacted waters are being seriously depleted by the introduction of the agricultural waste from the Vreba-Hoff facilities. In addition, eschericia coli bacteria detected in samples obtained from several discharges violate the state water quality standard. Michigan’s water quality standards were established to protect human health, the environment and the other organisms living in it.

The complaint also alleges that since the two Vreba-Hoff facilities combined contain over 5,000 head of cattle, state administrative rules requiring groundwater discharge permits are applicable. Vreba-Hoff does not currently have the required permits and the DEQ contends that agricultural waste from the Vreba-Hoff operations poses a potential threat to groundwater quality should this waste disposal continue without appropriate controls.

The DEQ is requesting that the court require Vreba-Hoff to thoroughly evaluate the design and management of its agricultural operations and make the necessary changes, including a potential reduction in livestock, to eliminate illegal discharges to waters of the state. Vreba-Hoff shall assure that its agricultural operation achieves a balance between agricultural waste production and waste utilization and/or proper disposal at the facilities it owns or operates in Michigan.

“While Michigan rightly prides itself on a rich agricultural heritage, operations such as these that flout the law and pose an environmental threat to the waters of this state give all of agriculture a black-eye,” said DEQ Director Steven E. Chester. “The citizens of this state should not be subjected to the pollution generated by factory farms, and the DEQ will do what’s necessary to pursue these violators.”

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

Revised September 16, 2003 by Pat Watson