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E-M:/ MDEQ Cafo Enforcement in Huron County

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

August 27, 2008

Contact:  Robert McCann
               (517) 241-7397

Lawsuit Filed to Protect Water Quality in Willow Creek

The Department of Environmental Quality announced today that the
Department of Attorney General has filed a lawsuit on behalf of the DEQ
asking the Huron County Circuit Court for preliminary and permanent
injunctions against W. James Iseler who operates a dairy operation along
the banks of Willow Creek near Kinde.  

DEQ staff first responded to citizen complaints of masses of algae
washing ashore in Lake Huron near the mouth of Willow Creek during the
summer of 2006.  DEQ staff observed that algal growth and bacterial
slimes were evident in Willow Creek downstream of Iselerâ??s Kinde Road
dairy, but were less evident upstream of the dairy.  DEQ staff also
observed that Iselerâ??s cows had unrestricted access to the creek and
that manure from the upland portion of the dairy was flowing into Willow
Creek in addition to the manure directly deposited into the creek by the
cows.  Administrative search warrants were executed in August 2006 and
January 2008 so that DEQ staff could access the property and collect
samples.  Sample results confirm that the Kinde Road dairy operation is
contributing nutrients, organic material, and harmful bacteria to Willow
Creek in violation of state law.

In addition to seeking an order from the court restraining Iseler from
further pollution of Willow Creek, the DEQ has asked the court to
require the installation of permanent structures to prevent cow access
to Willow Creek while still allowing Iseler to utilize the water for his
animals.  The DEQ is also asking that the court require the installation
of appropriate waste storage structures to contain all agricultural
waste produced by the dairy and prevent future discharges of waste to
the creek.  In addition, state law provides for fines up to $25,000 per
day for unlawful discharges like the ones documented from the Iseler
dairy operation.

In addition to the DEQâ??s lawsuit, Iseler currently has a petition
pending before the State Office of Administrative Hearings and Rules
seeking to overturn the DEQâ??s denial of a permit application submitted
by Iseler seeking permission to place a fence directly in Willow Creek.


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

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

657 Spartan Avenue,  East Lansing, MI  48823  
(517) 332-6971; ajs@sagady.com

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