EPA v. ST. JOHN L.L.C. AND BARRINGTON DAIRIES, INC. BARRINGTON DAIRY

Case summary

8/8/2008 - ADMINISTRATIVE ORDER ISSUED. ORDER ALLEGES: IN 2004, RESPONDENTS FAILED TO AMEND THEIR COMPREHENSIVE NUTRIENT MANAGEMENT PLAN (CNMP) WHEN SUBSTANTIVE CHANGES WERE MADE TO HOW THE FACILITY'S OPERATIONS WERE MANAGED PERTAINING TO LAND APPLICATION OF MANURE AS REQUIRED BY PART III.B.5. PIVOT 10 WAS RENAMED PIVOT 11 AND PIVOT 11 WAS RENAMED PIVOT 12. THE NEW PIVOT 12 WAS USED FOR THE LAND APPLICATION OF MANURE BUT WAS NOT INCLUDED AS A FIELD FOR SUCH USE IN THE CNMP. RESPONDENTS FAILED TO CONDUCT THE REQUIRED SEMIANNUAL MONITORING OF TOTAL KJELDAHL NITROGEN AND NITRATE NITROGEN IN THE WASTEWATER FOR THE FOLLWOING MONITORING PERIODS: JANUARY-JUNE 2003, JANUARY-JUNE 2004, JULY - DECEMBER 2005, AND JANUARY - JUNE 2006, AS REQUIRED BY PART IV.C TABLE IV.C AND PART VII.A.1 AND B.1 OF THE PERMIT. RESPONDENTS FAILED TO MAINTAIN THE BUFFER STRIPS AS AN AREA PROHIBITED FROM THE LAND APPLICATION OF MANURE TO MINIMIZE THE DISCHARGE OF POLLUTANTS OF THE UNITED STATES IN PIVOTS 3,4,6, 7, 8, AND 9 IN 2003, 2004, 2005, AND 2006 AS REQUIRED BY PART III.A TABLE III.A.1 OF THE PERMIT AND THE CNMP, WHICH IS ALSO PART OF THE PERMIT. RESPONDENTS FAILED TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL (AND APPURTENANCES) WHICH WERE USED BY RESPONDENTS TO ACHIEVE COMPLIANCE WITH THE CONDTIONS OF THE PERMIT IN 2003, 2004, 2005, AND 2006. THEREFORE, RESPONDENTS VIOLATED SECTIONS 301 AND 402 OF THE CWA.

Defendants (3)

• BARRINGTON DAIRY (SB)Named in settlement
• BARRINGTON DAIRIES, INC. (SB)Named in settlement
• ST. JOHN L.L.C (SB)Named in settlement

Facilities (1)

• BARRINGTON DAIRIES

  500 PROGRESSIVE ROAD, MONTEZUMA, GA, 31063

  Registry ID: 110030479319

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• ST. JOHN L.L.C. AND BARRINGTON DAIRIES, INC. BARRINGTON DAIRYentered 2008-08-08

  Primary law: CWA

Timeline (4 milestones)

• 2008-08-08Final Order Issued
• 2008-08-14Enforcement Action Data Entered
• 2009-01-01NPDES Closed
• 2009-01-01Enforcement Action Closed