EPA v. Berkshire Valley Holsteins (SB)

Case summary

Berkshire Valley Holsteins in Copake Falls, NY is a permitted large CAFO. The facility is in noncompliance with the terms and conditions of the NYSDEC CAFO General Permit (GP-04-02). The facility was observed to be discharging from its waste filter strip into a wetland that drains into a tributary to the Roeliff Jansen Kill. Visible water quality impacts were observed for over 2000 feet in the tributary. In addition to the discharge violation, other permit violations were observed. Specifically, the facility failed to maintain records as required in accordance with 40 CFR 122.42(e)(2) and Part VII, Section C.vii of GP-04-02. Facility also failed to properly operate and maintain the waste filter strip in a manner to prevent discharge. Facility has been ordered to cease the discharge from its waste filter strip immediately. The facility is required to re-evaluate and remediate the waste filter strip in accordance with applicable NRCS standards. Facility is also ordered to provide manure analysis content to all recipients of exported manure and maintain all records as required. Injunctive relief was calculated using values from the United States Department of Agriculture (USDA) 2006 Environmental Quality Incentives Program (EQIP) Cost List, a salary calculator from CNN Money and Best Professional Judgment.

Defendants (1)

• Berkshire Valley Holsteins (SB)Named in settlement

Facilities (1)

• BERKSHIRE VALLEY HOLSTEINS

  NORTH MOUNTAIN ROAD, COPAKE FALLS, NY, 12517

  Registry ID: 110028124438

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Berkshire Valley Holsteins (SB)entered 2009-06-29

  Primary law: CWA

Timeline (4 milestones)

• 2009-06-29NPDES Closed
• 2009-06-29Final Order Issued
• 2009-06-29Enforcement Action Closed
• 2009-07-31Enforcement Action Data Entered