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E-M:/ New Flavo Dairy MDEQ Enforcement

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

Date:         Thu, 18 Nov 2004 15:08:37 -0500
From:         Pat Watson <WATSONPE@MICHIGAN.GOV>
Subject:      New DEQ Press Release - November 18, 2004


Contact:  Patricia Spitzley
          (517) 241-7397

DEQ Files Suit Against Lenawee County CAFO

The Department of Environmental Quality has filed a lawsuit naming
Arnoud Schot and his New Flevo Dairy, Inc. as defendants.  The New Flevo
Dairy is located in Rome Township at 9717 Forrister Road in Adrian.
This dairy is considered a large concentrated animal feeding operation
(CAFO) and houses approximately 1,500 cows.  The lawsuit was filed in
the 30th Judicial Circuit for Ingham County and alleges that Schot
discharged agricultural wastes from his dairy operation in Lenawee
County to protected waters of the state on at least ten occasions.
These discharges occurred without a permit and are alleged to have
impacted area waterways including the Wallace and Penrod County Drains
and Hazen Creek.  The DEQ alleges that these discharges contained
pollutants at concentrations that may injure the public health and the

CAFOs are regulated by state and federal law as point sources that must
be controlled through the National Pollutant Discharge Elimination
System permitting program.  Michigan has been delegated authority by the
U. S. Environmental Protection Agency to implement the NPDES program
within the state.

This is the third lawsuit filed by the DEQ in the 30th Judicial Circuit
this year naming a large-scale dairy as a defendant.  The first case,
MDEQ et al v. Vreba-Hoff Dairy, LLC was initially filed in September
2003, but was amended on March 30, 2004 to include additional
discharges.  The second complaint against Jan Vanderhoff, doing business
as Vanderhoff-Haley Dairy, was filed on August 4.

"We are filing these lawsuits as a last resort," said DEQ Director
Steven E. Chester.  "Operators of these large farms must be aware of
and take responsibility for, the damage their facilities can cause to
the community and the environment when they are not managed


========================================== Alex J. Sagady & Associates http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy,
Evidence Review and Litigation Investigation on Air, Water and
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com

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