The state alleges in a lawsuit that the dairy repeatedly endangered nearby drinking water by violating environmental laws.
Oregon has settled a lawsuit it brought against a new mega-dairy accused of endangering nearby municipal and private wells by mismanaging manure and wastewater.
The settlement, filed in court Wednesday, will allow Lost Valley Farm in Boardman to operate in a limited capacity until it can prove that its wastewater treatment system is fully functional.
Since it opened a year ago, the dairy has failed numerous inspections, has been cited four times, and has been fined $10,640 for environmental violations, the Oregon Department of Agriculture said in the lawsuit, filed Feb. 23.
Owner Greg te Velde failed to comply with multiple directions to stop liquid manure and wastewater from overflowing storage lagoons and seeping into soil, the state said.
The lawsuit sought an injunction to stop the dairy from producing any more wastewater, effectively shutting it down.
Under the terms of the agreement, the dairy must:
- Within 20 days, remove 38 acre feet of manure and wastewater from settling cells and lagoons that are too full. That’s approximately 12.4 million gallons.
- By June 1, remove an additional 37 acre feet of manure and wastewater from the settling cells and lagoons.
- Produce no more than 65,000 gallons of wastewater per day, until it can prove that its treatment system is fully functional. Its regular permit allows 187 million gallons per year, or about a half-million gallons per day for 30,000 animals.
- Report any discharges resulting from system failure, as required by law.
If the dairy complies with the terms of the settlement for a year, it will be allowed to resume operations under its regular wastewater permit.
The Oregon Department of Agriculture will inspect the dairy weekly, spokeswoman Andrea Cantu-Schomus said.
“The court now has oversight of this facility for a year. Lost Valley Farm will have to respond to the court if there is a violation,” she said.
Dairy owner te Velde declined to comment Wednesday afternoon.
In a written response to the lawsuit filed Feb. 26, te Velde and dairy manager Travis Love said the dairy already was meeting all permit requirements.
The dairy said the injunction would put them out of business, forcing them to lay off 70 workers, euthanize their cows, lose $4 million per month on milk sales and default on local creditors. And they said the state should cut them some slack while they were getting up and running.
The dairy is in the Lower Umatilla Basin Groundwater Management Area, designated because groundwater already is high in contaminants.
Groundwater flows from the site to a large part of the area, so pollutants could impact a broad area of the shallow aquifer, the agriculture department said, threatening 81 public water systems and many private drinking water wells.
A dozen health and environmental groups issued a joint statement Wednesday criticizing the settlement.
“Governor Brown’s weak settlement with Lost Valley is a missed opportunity,” said Kendra Kimbirauskas, CEO of Salem-based Socially Responsible Agricultural Project. “Shutting down this disastrous operation would have sent a clear message that Oregon will not compromise its environment or rural communities for corporate benefits. This settlement sends the opposite message.”
Permit violations reported in the state’s court filings included one for allowing the storage area for dead cows to overflow and leak, indicating the operation has high mortalities despite being in operation for only months.
“The state’s settlement barely requires more than compliance with the permit already in place – it’s a status quo deal that lets Lost Valley off the hook,” said Tarah Heinzen, staff attorney with Food & Water Watch.
The other groups opposing the settlement are Friends of Family Farmers, Columbia Riverkeepers, Humane Oregon, WaterWatch of Oregon, The Humane Society of the United States, Center for Food Safety, Center for Biological Diversity and Animal Legal Defense Fund.
Lost Valley Farm opened in April 2017 as a supplier to the Tillamook County Creamery Association, which makes Tillamook Cheese.
Tillamook spokeswoman Tori Harms said the association has terminated its contract with the dairy because of its problems. However, it is temporarily continuing to buy milk from the dairy, with additional testing to ensure the milk is safe.
“We are mindful of the animal welfare and environmental risk of abruptly shutting down a dairy farm,” Harms said.
Source: statesmanjournal.com
