April 11, 2007

The Department of Environmental Quality announced today that the Department of Attorney General has filed a lawsuit on its behalf in the 30th Judicial Circuit Court in Ingham County asking the court to find the defendant, VDS-Farms LLC, in violation of state laws and permits related to the protection of water quality.

VDS purchased two dairy operations in Kalamazoo County, located in Fulton and Scotts, from Michigana Farms in late 2002 and accepted Michigana's obligations under a Consent Judgment entered in 2001 to settle allegations raised by the DEQ in a lawsuit against Michigana. Those obligations included compliance with National Pollutant Discharge Elimination System permits issued for the two dairy operations.

In August 2006, the DEQ became aware of violations of the permits and Consent Judgment at both the Fulton and Scotts facilities. In particular, waste storage structures at the dairy operations are undersized and have periodically overflowed onto the ground, and storm water contaminated with uncontained waste is collected and stored in ponds that are not lined properly.

The DEQ is requesting that the court direct VDS to undertake all necessary actions to fully comply with state law and permits including the evaluation of groundwater quality in the vicinity of the dairies' storage structures. The DEQ is also seeking fines and attorney fees.

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 11, 2007 by Pat Watson