EPA v. PETERSHEIM, MELVIN AND MOSES

Case summary

FACILITY IS A LARGE CAFO THAT CONFINES 35,000 EGG-LAYING CHICKENS. CHICKEN LITTER WAS STORED OUTSIDE AND UNCOVERED FOR MORE THAN 15 DAYS. ACCORDING TO EPA POLICY, THIS CONSTITUTES THE USE OF A LIQUID MANURE HANDLING AND THEREFORE THE THRESHOLD FOR BEING DEFINED AS A LARGE CAFO IS 30,000 BIRDS. FACILITY DISCHARGE NITROGEN AND PHOSPHORUS FROM THE CHICKEN LITTER STOCKPILES. IN ADDITION, THE FACILITY HAS A DAIRY THAT CONFINES 80 ADULT COWS. SOLID DAIRY MANURE WAS STORED OUTSIDE AND WASHWATER FROM THE MILKHOUSE DISCHARGED TO A DITCH THAT DISCHARGED TO A WATER OF THE US. FACILITY IS BEING ORDERED TO CEASE AND DESIST DISCHARGING WITHOUT AN NPDES PERMIT.

Defendants (2)

• PETERSHEIM, MELVIN (SB)Named in settlement
• PETERSHEIM, MOSES (SB)Named in settlement

Facilities (1)

• MELVIN AND MOSES PETERSHEIM

  320 WEST HERNLEY RD, MANHEIM, PA, 17545

  Registry ID: 110041874754

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PETERSHEIM, MELVIN AND MOSESentered 2010-06-01

  Primary law: CWA

Timeline (2 milestones)

• 2010-06-01Final Order Issued
• 2010-06-02Enforcement Action Data Entered