August 23, 2006

Department of Environmental Quality Director Steven E. Chester announced today that the DEQ has entered into an Administrative Consent Order with Newaygo County’s Ryzebol Dairy to resolve water quality concerns that arose in March and April of this year.

Ryzebol Dairy is classified as a concentrated animal feeding operation (CAFO) under both state and federal law with approximately 3,400 animals on site. One of the dairy’s open pit waste storage structures overflowed onto a nearby field in March, causing wastewater, including manure, to be observed in the Jennings Drain. This incident resulted in violations of state water quality standards for the bacteria E. coli, and subsequently led to the farm’s owner and DEQ staff discovering a previously unknown connection between the field and the drain in late April. Once discovered, the connection was immediately closed.

As part of the agreement announced today, Ryzebol Dairy has committed to develop an Emergency Operations Plan that details how the dairy intends to manage its waste and waste storage structures in the event of catastrophic or chronic rainfall events or other emergency situations that prevent Ryzebol Dairy from land applying accumulated agricultural waste. Ryzebol Dairy is currently seeking authorization to transport manure from the dairy to the Muskegon County Wastewater Treatment Plant during certain emergency situations to be specified in the Emergency Operations Plan.

The consent order also requires that Ryzebol Dairy certify the amount of storage available for wastes produced at the farm and undertake an analysis of all waste storage structures to ensure that they are constructed in accordance with recognized standards.

During the course of this enforcement action, Ryzebol Dairy submitted a permit application to the DEQ for coverage under the National Pollutant Discharge Elimination System permitting program for Michigan CAFOs. Ryzebol Dairy was previously allowed to opt out of this program and instead became verified under the Michigan Agricultural and Environmental Assurance Program administered by the Michigan Department of Agriculture. The discharges documented by DEQ staff in March and April require that Ryzebol Dairy obtain a permit.

“Ryzebol Dairy is a great example of DEQ staff working with the owner of a large farm to protect our state’s water resources,” said DEQ Director Chester. “By seeking a permit from the DEQ, Ryzebol Dairy will be better equipped to maintain compliance with Michigan’s water protection laws.”

Ryzebol Dairy has agreed to pay a $12,000 civil fine to the state general fund and reimburse the DEQ for nearly $4,000 in investigative and enforcement costs.

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 August 23, 2006 by Pat Watson