EPA v. Berkshire Valley Dairy, LLC (SB)

Case summary

Respondent 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. 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 the permit. Respondent also failed to properly operate and maintain the waste filter strip in a manner to prevent discharge. An Administrative Order (AO) was issued on June 29, 2009 for failure to comply with specific requirements in the New York State Department of Environmental Conservation (NYSDEC) CAFO General Permit. Compliance with the AO was determined as a result of correspondence received from the Respondent in response to the AO and a follow-up inspection conducted on November 23, 2009. Once compliance was determined, EPA assessed a penalty.

Defendants (1)

• Berkshire Valley Dairy, LLC (SB)Named in complaintNamed 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 Dairy, LLC (SB)entered 2010-03-10

  Primary law: CWA

  Federal penalty: $8,100

Timeline (5 milestones)

• 2010-01-12Complaint Filed/Proposed Order
• 2010-01-26Enforcement Action Data Entered
• 2010-03-10NPDES Closed
• 2010-03-10Enforcement Action Closed
• 2010-03-10Final Order Issued