Northeast Texas dairy just one of many under enforcement action due to CAFO violations

By LORI COPE | East Texas Edition

November 6, 2003 -- With over 600 Concentrated Animal Feeding Operations (CAFOs) in Texas, about 50 are inspected, or investigated, each month by the Texas Commission on Environmental Quality (TCEQ).

In Fiscal Year 2002, statistics show TCEQ inspected or investigated the state's CAFOs a total of 635 times. Of that total, some of the CAFOs were visited more than once, and those visits could have been regular scheduled inspections, or investigations, which are often spurred by citizen complaints about the CAFO. According to TCEQ, a total of 108 complaints were filed against CAFOs in FY 2002.

The most recent figures available from TCEQ show a total of 43 CAFOs in Texas are under enforcement action, which means the operation is being forced by the state agency to correct violations of the Texas Water Code and other related laws.

Of the 43 CAFOs under enforcement, 34 are dairies, and nine are another form of CAFO, such as a poultry, hog, or cattle farm where the animals are kept in confinement, cited Terry Clawson with TCEQ communications department.

Often, problems with a CAFO are first detected, and reported, by people who live nearby, such as the case with one Northeast Texas dairy which is facing a $15,600 fine for nine counts of violations.

Southfork Dairy near Emory, owned by C.L. Hall and Douglas Hall, was issued an "agreed order" by TCEQ on Oct. 21 that should clear up matters for the surrounding neighbors, and waterways. Although one citizen, who has property with a creek that is downstream from the dairy, said he has "been dealing with (and has personal documentation about) the dairy's pollution since 1995." TECQ's enforcement action against Southfork Dairy deals with violations found from inspections conducted in November 2002 through January 2003.

The violations found at the dairy range from failure to prohibit the discharge or drainage of irrigated wastewater to failure to properly dispose of dead animals.

In the agreed order, which is to resolve the enforcement action against the dairy, several requirements are set for the dairy to correct the violations. And, it is noted the dairy's owners have already corrected many of the violations. Plus, the dairy was given an administrative penalty of $15,600 "justified by the facts" found by TCEQ's investigations.

TCEQ's Clawson said Nov. 30 is the due date for settlement of this order against Southfork Dairy. If it is not settled, then the case if referred to litigation.

In a similar situation, a dairy, owned by a Texas businessman and located just north of the Texas-Oklahoma line is under enforcement action and is facing much stiffer penalties for CAFO violations, including improper disposal of carcasses, runoff from carcass pits and holding pens, and more. Alan Ritchey Dairy in Yuba, Okla., had a Nov. 4 hearing date set with the U.S. Environmental Protection Agency (EPA) to face the agency's assessment of corrective measures and penalties. But because more information is being required from the dairy, the dairy's representatives requested the hearing date be moved. Jan. 6, 2004, is the new date for the case, according to Susan Damron Krug, assistant attorney general for Oklahoma.

According to Krug, even if the dairy ceases operations now or in the near future, the owner would still have to answer to the past violations.