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Re: E-M:/ CAFO Lawsuits for Illegal Discharges

At 08:37 AM 10/4/00 -0400, you wrote:
Enviro-Mich message from "Thomas Rohrer" <rohrert@state.mi.us>


What has the Sierra Club accomplished? (...zero, zip, nada, nein, nyet...).


Dear Mr. Rohrer,

        In response to your question, the Sierra Club in conjunction with the Michigan Environmental Council (MEC), the Michigan Land Use Institute (MLUI), Larry Bailey and Neva Bailey have accomplished the following:

Source:  "Results of an Informal Investigation of the National Pollutant Discharge Elimination System Program for Concentrated Animal Feeding Operations in the State of Michigan," Interim Report.  U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois  60604.

"I. Introduction
This report describes the interim results of an informal investigation of the National Pollutant Discharge Elimination System program that the Michigan Department of Environmental Quality administers to protect or restore water quality from the pollutants generated by concentrated animal feeding operations. The United States Environmental Protection Agency, Region 5, is
conducting the investigation in response to petitions the Sierra Club - Mackinac Chapter, Michigan Land Use Institute, Michigan Environmental Council, Larry Bailey, and Neva Bailey filed with EPA under Title 40 of the Code of Federal Regulations, Section 123.64(b)(1), on November 1, 1999 (see Appendix 1)."

"II. Summary of Findings
Based on the information obtained to date, EPA, Region 5, finds that the MDEQís NPDES program for CAFOs is seriously lacking in several respects. As a result, the MDEQ must:

1. Improve its control over CAFOs by:
        (a)     identifying the CAFOs that are subject to regulation under              Michiganís approved NPDES program, and
        (b)     determining compliance by CAFOs with the duty to apply for              and obtain NPDES permits that exists in Rule 323.2106 of                Michiganís Part 21 Administrative Rules for Wastewater          Discharge Permits.

2. Establish and begin to implement a program for periodic inspection of permitted CAFOs and known but unpermitted CAFOs.

3. Improve its enforcement program with regard to unpermitted discharges by CAFOs and the failure of CAFO dischargers to apply for and obtain NPDES permits as required by Rule 323.2106 of Michiganís Part 21 Administrative Rules.

4. Improve the way in which it considers and responds to citizen complaints alleging, or which may result in a finding of, an unpermitted discharge from a CAFO.

5. Revise its NPDES permit application form and procedures so that CAFOs apply for NPDES permits as required by Rule 323.2106 of Michiganís Part 21 Administrative Rules."

I do not understand this "zero, zip, nada, nein, nyet" attitude that closes your question.   It seems that you thought maybe you had the answer, unfortunately it's very apparenet that you have not read the Interim EPA Report.

If you have any other questions, I'm sure Ms. Woiwode or another member of the Sierra Club, or EPA Region 5 would be more than willing to answer any questions that you may have.


David Wright

P.S.  Keep up the good work Sierra Club, MEC, MLUI, et al.

e-mail = rohrert@state.mi.us

"Protecting and enhancing the quality of Michigan's surface waters"

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