August 4, 2004

The Department of Environmental Quality has filed a lawsuit naming Mr. Jan VanderHoff, doing business as VanderHoff-Haley Dairy, as a defendant. The lawsuit was filed in the 30th Judicial Circuit for Ingham County and alleges that Mr. VanderHoff discharged agricultural wastes from his dairy operation to Lenawee County’s Rice Lake Drain and Bovee Drain without a permit on at least seven occasions, with the most recent occurring on July 31, 2004. In addition, the claim alleges that these discharges contained pollutants at concentrations that may injure the public health and the environment.

The VanderHoff-Haley Dairy, located in Dover Township at 9864 Haley Road, is a medium-sized concentrated animal feeding operation (CAFO), housing approximately 600 cows. CAFOs are regulated by state and federal law as point sources that must be controlled through the National Pollutant Discharge Elimination System permitting program. Michigan has been delegated authority by the United States Environmental Protection Agency to implement the NPDES program within the state.

The discharge of agricultural waste to waters of the state such as the Rice Lake Drain and Bovee Drain without a valid permit is prohibited by Part 31, Water Resources Protection, of the Michigan Natural Resources and Environmental Protection Act. Furthermore, discharges that are or may become injurious to the receiving water body are also prohibited by Part 31.

“There is no question that farming plays an important role in Michigan’s economy,” said DEQ Director Steven E. Chester. “However, we cannot turn a blind eye to the damage that CAFOs can do to Michigan’s environment when they are not run properly. CAFO owners must take action to ensure that the waters in their neighborhood are protected from the impacts of intensive dairy production.”

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

Revised August 4, 2004 by Pat Watson