EPA v. DAIRY PRODUCTION SYSTEMS - MISSISSIPPI, LLC

Case summary

9/28/2011 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: DURING THE CEIs AND SUBSEQUENT REVIEW OF RECORDS AND INFORMATION SUBMITTED BY THE RESPONDENT, EPA OBSERVED THE FOLLOWING: A. RESPONDENT FAILED TO TIMELY SUBMIT AN ANNUAL REPORT ON JANUARY 28, 2011, IN VIOLATION OF PERMIT CONDITION S-1 ON P.9 SINCE IT SUBMITTED AN ANNUAL REPORT TO THE MDEQ ON APRIL 15, 2011. B. IN JULY AND AUGUST 2010, RESPONDENT LAND APPLIED MANURE WASTEWATER ON ITS LAND APPLICATION FIELD TOTALING 92.9 ACRES IN EXCESS OF THE AGRONOMIC RATE FOR NUTRIENTS OF 38 POUNDS OF NITROGEN PER ACRE AS DESCRIBED IN SECTION 6.7 OF THE CNMP ON 15 SEPARATE DAYS IN VIOLATION OF PERMIT CONDITION NOS. T-10 ON P.4 AND T-11 ON P.5 AND SECTION 6.7 OF THE CNMP, WHICH IS AN ENFORCEABLE PART OF THE PERMIT. C. IN MAY 2011, RESPONDENT LAND APPLIED MANURE WASTEWATER ON ITS LAND APPLICATION FIELD TOTALING 92.9 ACRES IN EXCESS OF THE AGRONOMIC RATE FOR NUTRIENTS OF 390 POUNDS OF NITROGEN PER ACRE AS DESCRIBED IN SECTION 6.5 OF THE CNMP ON TWO (2) SEPARATE DAYS IN VIOLATION OF PERMIT CONDITION NOS. T-10 ON P.4 AND T-11 ON P.5 AND SECTION OF THE CNMP, WHICH IS AN ENFORCEABLE PART OF THE PERMIT. D. IN JUNE 2011, RESPONDENT LAND APPLIED MANURE WASTEWATER ON ITS LAND APPLICATION FIELD TOTALING 92.9 ACRES IN EXCESS OFTHE AGRONOMIC RATE FOR NUTRIENTS OF 60 POUNDS OF NITROGEN PER ACRE AS DESCRIBED IN SECTION 6.5 OF THE CNMP ON SIX (6) SEPARATE DAYS IN VIOLATION OF PERMIT CONDITION NOS. T-10 ON P.4 AND T-11 ON P.5 AND SECTION 6.5 OF THE CNMP, WHICH IS AN ENFORCEABLE PART OF THE PERMIT. E. IN JANUARY AND FEBRUARY 2011, RESPONDENT LADN APPLIED MANURE WASTEWATER TO ITS LAND APPLICATION FIELD TOTALING 92.9 ACRES ON TWENTY-THREE (23) SEPARATE DAYS IN VIOLATION OF PERMIT CONDITION NO. T-3 ON P.31 AND SECTION 7.7 OF THE CNMP, WHICH IS AN ENFORCEABLE PART OF THE PERMIT. F. RESPONDENT FAILED TO MAINTAIN RECORDS DOCUMENTING THE TOTAL AMOUNT OF NITROGEN AND PHOSPHORUS ACTUALLY APPLIED TO ITS LAND APPLICATION FIELD TOTALING 92.9 ACRES, INCLUDING DOCUMENTATION OF CALCULATIONS FOR THE TOTAL AMOUNT APPLIED FROM JULY 6, 2010, TO PRESENT IN VIOLATION OF PERMIT CONDITION NO. 4-1(H) ON P.33. G. ON JULY 16, 2010, THE RESPONDENT APPLIED MANURE WASTEWATER DIRECTLY INTO TWO (2) CONDUITS CONNECTED VIA PIPING TO SURFACE WATERS IN VIOLATION OF PERMIT CONDITION NOS. T-5 ON P.35 AND T-11 ON P.5 AND NON-APPLICATION BUFFER WIDTHS CONTAINED IN SECTION 4.2 OF THE CNMP, WHICH IS AN ENFORCEABLE PART OF THE PERMIT. THE CONDUITS INCLUDE A POND AND A DITCH LOCATED DIRECTLY WITHIN THE SPRAY RADIUS OF THE FIXED CENTER PIVOT SPRAY GUN IN THE LAND APPLICATION FIELD TOTALING 92.9 ACRES CONNECTED VIA PIPING TO AN UNNAMED TRIBUTARY TO BAKERS CREEK, WHICH FLOWS INTO BAKERS CREEK, WHICH FLOWS INTO FOURTEEN MILE CREEK, WHICH FLOWS INTO THE BIG BLACK RIVER, TRADITIONALLY NAVIGABLE WATER OF THE UNITED STATES. THEREFORE, RESPONDENT VIOLATED SECTIONS 301 AND 402 OF THE CWA, AND BY FAILING TO COMPLY WITH REQUIREMENTS OF THE PERMIT AND THE CNMP, WHICH IS AN ENFORCEABLE PART OF THE PERMIT. ORDER REQUIRES: COMMENCING ON JANUARY 28, 2012, RESPONDENT SHALL TIMELY SUBMIT COMPLETE ANNUAL REPORTS TO THE MDEQ ON JANUARY 28 OF EACH YEAR AS REQUIRED BY PERMIT CONDITION NOS. S-1 ON P.9. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PERMIT CONDITION NOS. T-2 ON P.34, T-10 ON P.4, AND T-11 ON P.5, RESPONDENT SHALL LAND APPLY ALL NUTRIENTS, INCLUDING MANURE WASTEWATER, AT THE FACILITY IN ACCORDANCE WITH AGRONOMIC RATES FOR NUTRIENTS CONTAINED IN SECTION 6.7 OF THE APPROVED CNMP, WHICH IS AN ENFORCEABLE PART OF THE PERMIT. COMMENCING ON DECEMBER 1, 2011, AS REQUIRED BY PERMIT CONDITION NO. T-3 ON P.31, RESPONDENT SHALL CEASE APPLYING MANURE WASTEWATER ON ITS LAND APPLICATION FIELD TOTALING 92.9 ACRES FROM DECEMBER 1 THROUGH FEBRUARY 28 OF EACH YEAR. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PERMIT CONDITION NO. R-1(H) ON P.33, RESPONDENT SHALL MAINTAIN RECORDS AT THE FACILITY WHICH DOCUMENT THE TOT

Defendants (1)

• DAIRY PRODUCTION SYSTEMS - MISSISSIPPI, LLC (SB)Named in settlement

Facilities (1)

• DAIRY PRODUCTION SYSTEM

  2125 MILITARY ROAD, EDWARDS, MS, 39066

  Registry ID: 110042341908

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• DAIRY PRODUCTION SYSTEMS - MISSISSIPPI, LLCentered 2011-09-28

  Primary law: CWA

Timeline (3 milestones)

• 2011-09-28Final Order Issued
• 2011-10-01Enforcement Action Data Entered
• 2012-01-01Enforcement Action Closed