April 27, 2006

The Department of Environmental Quality announced today that it has settled litigation with New Flevo Dairy, Inc. located in Lenawee County’s Rome Township. The lawsuit, filed on November 15, 2004, alleged violations of Michigan’s water quality laws.

New Flevo houses approximately 1,650 cows, making it a large concentrated animal feeding operation (CAFO) subject to regulation under both state and federal water quality protection laws. The DEQ brought its lawsuit after documenting numerous discharges of agricultural waste to area waterways, including the Penrod and Wallace County drains and Hazen Creek. These waterways ultimately flow to the South Branch of the River Raisin. Discharges of nutrients, pathogens, and organic materials associated with agricultural wastes have long been recognized by the DEQ as a leading cause of water quality impairment in the state.

“This settlement with New Flevo 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, but we must ensure that their operations are protective of the health and welfare of their neighbors.”

As part of the settlement with the DEQ, New Flevo 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;

• Implementing a Comprehensive Nutrient Management Plan for the
  dairy;

• Ceasing the land application of agricultural waste during the winter
  months;

• Evaluating existing waste storage structures and making improvements
  as necessary; and

• Developing an Operations & Maintenance Guide for the operation of
  a treatment system New Flevo installed subsequent to the DEQ
  commencing this enforcement action.

New Flevo will also pay to the state general fund a civil fine of $37,000 and partially reimburse the DEQ for $5,000 in enforcement costs. Should violations of settlement terms occur, New Flevo has agreed to pay additional amounts to the general fund.

"This action will ensure that the local waters are returned to the quality our citizens expect," said Attorney General Mike Cox. "This is yet another step my office has taken to safeguard Michigan’s natural resources."

Farmers interested in learning more about what they can do to help protect Michigan’s environment are encouraged to phone the DEQ’s Environmental Assistance Center at 1-800-662-9278 for information about technical and financial assistance opportunities as well as regulatory programs.

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 April 27, 2006 by Pat Watson