EPA v. MEADOW GOLD DAIRIES, INC.

Case summary

THE PROPOSED DEFENDANT, MEADOW GOLD DAIRIES, INC. (MEADOW GOLD) OWNS AND OPERATES A DAIRY PRODUCTS PROCESSING FACILITY IN KALISPELL, MONTANA. MEADOW GOLD HAS DISCHARGED POLLUTANTS FROM ITS FACILITY INTO WATERS OF THE UNITED STATES WITHOUT A PERMIT. SPECIFICALLY, MEADOW GOLD HAS DISCHARGED APPROXIMATELY 60,000 GALLONS OF WASTEWATER CONSISTING OF RINSE WATER AND WASH WATER FROM CLEAN-UP OF PROCESSING OPERATIONS--INTO SPRING CREEK EVERY WEEK DURING WINTER MONTHS. THE DISCHARGE HAS APPARENTLY OCCURRED FOR THE PAST TEN YEARS. EPA HAS CLEAR DOCUMENTATION OF DIS- CHARGE FOR THE WINTER MONTHS OF 1989-1990, AFTER MEADOW GOLD SIGNIFICANTLY INCREASED PRODUCTION AT THE FACILITY. MEADOW GOLD HAS NEVER APPLIED FOR A PERMIT FOR THE DISCHARGE UNDER THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES). THE WASTEWATER DISCHARGED BY MEADOW GOLD CONTAINS SIGNIFICANT CONCENTRATIONS OF BOD5 (BIOLOGICAL OXYGEN DEMAND ON A FIVE-DAY BASIS) AND TSS (TOTAL SUSPENDED SOLIDS). THE RECEIVING WATER, SPRING CREEK, HAS BEEN MARKEDLY DEGRADED BELOW THE DISCHARGE, EXHIBITING FOUL ODORS, ELEVATED BOD5 AND TSS, AND LOW DISSOLVED OXYGEN. WHITE SLIME IS FOUND IN THE STREAM BELOW THE DISCHARGE, AND USUAL AQUATIC SPECIES ARE ABSENT. EPA SEEKS PENALTIES OF AT LEAST $304,0000, AS WELL AS INJUNCTIVE RELIEF IN THE FORM OF A PLAN TO CONSTRUCT A WASTEWATER HOLDING LAGOON FOR AN ALTERNATIVE SYSTEM OF WASTEWATER DISPOSAL.

Defendants (1)

• MEADOW GOLD DAIRIES, INC.Named in complaintNamed in settlement

Facilities (2)

• MEADOW GOLD DAIRIES INC

  1300 TWO MILE DRIVE, KALISPELL, MT, 59901

  Registry ID: 110013342828

• MEADOW GOLD DAIRIES INC

  1300 TWO MILE DRIVE, KALISPELL, MT, 59901

  Registry ID: 110013342828

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• MEADOW GOLD DAIRIES, INCentered 1993-10-21

  Primary law: CWA

  Federal penalty: $265,000

Timeline (7 milestones)

• 1990-08-01Enforcement Action Data Entered
• 1990-09-25Referred To Dept Of Justice
• 1991-09-05Complaint Filed With Court
• 1993-10-21Final Order Lodged
• 1993-10-21Final Order Entered
• 1993-10-21Concluded
• 1993-10-21Enforcement Action Closed