EPA v. Alan Ritchey Dairy

Case summary

EPA has issued this Administrative Penalty Order to address the violations specified in the Order. The violations include discharging storm water runoff from land application areas and from an open (outdoor) feedlot located on the eastern side of the facility into the oxbow cutoff area which is hydrologically connected to the Red River. Between February 25, 2002 and June 1, 2002, the facility constructed a lagoon to contain runoff from the open (outdoor) feedlot and the land application areas located immediately to the east of the oxbow cutoff area. On April 3, 2003, EPA inspected this particular lagoon and determined that the lagoon was not properly designed, constructed, operated and maintained to contain all process-generated waste and wastewater plus runoff from a 25-year, 24-hour storm event. The facility did not provide documentation to certify that this lagoon was not hydrologically connected to the Red River via ground water. Also, the facility did not provide documentation to certify that both the open feedlot and the oxbow cutoff area lagoon are protected against innundation and damage that may occur during the 100-year flood event. The EPA Region 6 CAFO general permit requires CAFO operators to provide such documentation for any retention structures or holding pens which may be located within the 100-year flood plain.

Defendants (1)

• Alan RitcheyNamed in complaintNamed in settlement

Facilities (2)

• ALAN RITCHEY DAIRY (OKG010337)

  2.7 MILES WEST OF YUBA, OK, BRYAN COUNTY, OK, 76272

  Registry ID: 110015775437

• T BAR M RANCH

  RT. 1 BOX 233, HENDRIX, OK, 74741

  Registry ID: 110001143361

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Alan Ritchey Dairyentered 2006-04-07

  Primary law: CWA

  Federal penalty: $40,000 · SEP: $20,000

Timeline (4 milestones)

• 2004-04-29Complaint Filed/Proposed Order
• 2004-05-13Enforcement Action Data Entered
• 2006-04-07Final Order Issued
• 2008-05-08Enforcement Action Closed