|
Farmer fined for manure spill
The Minnesota Pollution Control Agency (MPCA) levied a $10,000 fine against Randy Pater, owner of Pater Dairy, for the May 5 manure spill caused by a clogged pipe between two manure storage basins.
The spill of about 252,000 gallons of manure-contaminated water polluted a nearby tributary of Split Rock Creek and caused contamination leading to the beach closing at Split Rock Creek State Park and a fish kill, according to a Sept. 29 press release from the MPCA.
Forrest Peterson, public information officer at the MPCA’s Willmar office, said MPCA staff investigated and found a number of dead fish in the tributaries, but he did not know how many or what kind.
The fish kill likely played a part in determining the amount of the fine. The MPCA determines the amount of penalties based on how seriously the violation affected the environment, whether it is a first time or repeat violation and how promptly the violation was reported to the appropriate authorities. It also attempts to recover the calculated economic benefit gained by failing to comply with environmental laws in a timely manner.
The fact that the spill was not reported to the state until eight days later on May 13 may also have played a part in determining the amount of the fine. Pater said he contacted the county the day he discovered the spill, but did not contact the state.
Peterson said Pater should have contacted a State Duty Officer to find out who should be notified and what should be done. Following the incident, the MPCA helped Pater create an emergency response plan so that he can follow the proper steps should such an accident occur in the future.
The plan sets forth immediate steps that should be taken to contain contaminants, who should be contacted and how to proceed with the cleanup after the proper authorities are contacted.
“We encourage them to have a list of people to call,” Peterson said.
Pater said he will pay the fine and follow the proper procedures in the future.
“It’s just the enforcement action that was taken and I’m going to pay it,” he said.
While investigating the spill, the MPCA also discovered that the 660-head dairy included a dry cow feedlot a quarter mile away, which Pater said has 120 cows. The two sites together puts the total number of animal units beyond the threshold requiring state and federal operating permits for large feedlots. Pater now has 60 days to decide whether he will seek a permit or reduce the number of animals he has.
“The issue there was whether it was one site or two sites,” Peterson said.
According to the Environmental Protection Agency (EPA), there can be no more than 700 dairy cows at any given feedlot. Pater said he considered the sites as separate and permitted them accordingly.
“They didn’t like the way we permitted it,” he said. “We had permitted that as two separate feedlots and they don’t think I should have done it that way.”
At this point, Pater said he will probably seek the permit, but he has not yet made a final decision. There are a number of factors he has to take into consideration, he said, and he has until November to make up his mind.
If he does decide to seek the permit, Peterson said, there is a $350 application fee that has to be paid every five years and a $345 annual fee, which could be raised in the near future.
Pater said he hopes this is the end of the repercussions from the spill and he hopes to put the incident behind him.
|
