EPA v. Wilkins Dairy Farm, LLC (SB)

Case summary

Respondent is a medium dairy CAFO in Bath, New York that is not complying with the terms and conditions of the NYSDEC CAFO General Permit. The facility was observed to be discharging from its bunk silo into a ditch that drains into a tributary of Maxwell Creek. Visible water quality impacts were observed in the tributary. Other permit violations include failure to have all practices fully operational by 6/30/2009, as well as operation and maintenance and recordkeeping violations. An Administrative Order was issued on May 13, 2010 to order the facility to cease the discharge immediately and to comply with Permit conditions. Facility appears to still be discharging as EPA has documented two unauthorized discharges after the April 20, 2010 inspection with a recon inspection on May 12, 2010 and via notification from NYSDEC on June 8, 2010 when the local Soil and Water Conservation District went to Wilkins Dairy Farm for a pre-arranged meeting. Penalty sought.

Defendants (1)

• Wilkins Dairy Farm, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• WILKINS DAIRY FARM LLC

  5811 UNIONVILLE ROAD, BATH, NY, 14810

  Registry ID: 110037106226

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Wilkins Dairy Farm, LLC (SB)entered 2011-03-31

  Primary law: CWA

  Federal penalty: $15,000

Timeline (5 milestones)

• 2010-07-15Complaint Filed/Proposed Order
• 2010-07-23Enforcement Action Data Entered
• 2011-03-31NPDES Closed
• 2011-03-31Enforcement Action Closed
• 2011-03-31Final Order Issued