EPA v. WALNUT DALE FARMS

Case summary

THIS CASE INVOLVES CLEAN WATER ACT VIOLATIONS RESULTING FROM THE ONGOING DISCHARGE DURING PRECIPITATION EVENTS OF MANURE- LADEN PROCESS WASTE WATER FROM A DAIRY IN WAYLAND, MICHIGAN, AND SEEKS INJUNCTIVE RELIEF AND CIVIL PENALTIES. AS A CONCENTRATED ANIMAL FEEDING OPERATION, THE DAIRY IS A POINT SOURCE AND IS SUBJECT TO ZERO DISCHARGE REQUIREMENTS UNDER BOTH FEDERAL AND STATE LAW. THE DAIRY AND ITS OWNER HAVE BEEN UNDER A STATE ADMINISTRATIVE CONSENT ORDER SINCE OCTOBER 16, 1998, TO CEASE ALL ILLEGAL DISCHARGES, TO CONTROL ITS DISPOSAL OF ANIMAL WASTE. ON JULY 25, 2000, THE SIERRA CLUB NOTIFIED DEFENDANTS AND THE APPROPRIATE GOVERN- MENTAL AUTHORITIES OF ITS INTENT TO SUE, IN ACCORDANCE WITH CLEAN WATER ACT SECTION 505(A), 33 U.S.C.  1365(A), AND SECTION 135.3 OF TITLE 40 OF THE CODE OF FEDERAL REGULATIONS ON NOVEMBER 30, 2000, THE SIERRA CLUB FILED A CIVIL COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND CIVIL PENALTIES AGAINST WALNUT DALE FARMS AND ITS OWNERS, KEVIN AND RALPH LETTINGA. AN ORDER FOR ENTRY OF DEFAULT WAS ENTERED IN THAT CASE ON MARCH 28, 2001. THIS LITIGATION REPORT RECOMMENDS THAT THE UNITED STATES MOVE TO INTERVENE IN THIS EXISTING LAWSUIT. THE UNITED STATES SEEKS BOTH CIVIL PENALTIES AND INJUNCTIVE RELIEF.

Defendants (3)

• KEVIN LETTINGA
• RALPH LETTINGA
• WALNUT DALE FARMSNamed in complaintNamed in settlement

Facilities (1)

• WALNUT DALE FARMS

  4309 14TH ST, WAYLAND, MI, 49348

  Registry ID: 110011126922

Statutes cited

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

Enforcement conclusions (1)

• WALNUT DALE FARMSentered 2004-03-11

  Primary law: CWA

  Federal penalty: $50,000 · State/local: $50,000

Timeline (5 milestones)

• 2001-06-06Referred To Dept Of Justice
• 2001-07-24Enforcement Action Data Entered
• 2003-10-01Complaint Filed With Court
• 2003-12-22Final Order Lodged
• 2004-03-11Final Order Entered