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LOCAL NEWS
To come Valley dairies face decision by feds   YAKIMA (Monday 5-20-99)---A groundbreaking, U.S. Federal Court decision today ruled that three Lower Yakima Valley dairy factories, their fields, and lagoons are subject to the Clean Water Act.   The suit was brought by Community Association for Restoration of the Environment (CARE) to compel Act compliance by the dairies. Dairies are termed "concentrated animal feeding operations (CAFOs) to ensure cleaner water in the Valley.   The ruling by Judge Edward F. Shea is considered the first of its kind in the country. With trials approaching in two cases, the court has ruled that removal of land application of manure are integral parts of "concentrated animal feeding operations, and therefore within the scope of Act jurisdiction.   Fields upon which manure is applied are subject to effluent limitations of "no discharge, except in the event of a 25-year, 24-hour storm event."   The federal court also ruled that trial defendants are all CAFOs and the lagoons, transportation equipment and fields used for manure collection and disposal are all point sources subject to Act discharge prohibitions.   CARE, a Sunnyside citizen group bringing the court challenge, is working to clean up water pollution caused by Valley dairy factories.   All of CARE's board members are members of farming families in the community.   The Western Environmental Law Center (WELC) is the law firm representing CARE. The three cases involved in today's decision include: • CARE v. Henry Bosma Dairies • CARE v. DeRuyter Brothers Dairy • CARE v. SunnyVeld Dairy.   "This ruling is the first of its kind in the nation," said Charlie Tebbutt, the WELC attorney representing CARE. "Not only are these dairy factories defined as concentrated animal feeding operations, their fields and manure application processes are now unarguably subject to the Clean Water Act."   CARE president Helen Reddout, a 45-year Valley resident, said "The dairies we used to know where cows grazed in green pastures are almost nonexistent. Over the years, concentrated dairy factory operations have moved into the Valley. Now, thousands of animals are held in small areas, wading and sleeping in their own feces and urine."   "These dairy factories are polluting our water, air and land and crippling the Valley," said Reddout. "Our quality of life has been diminished because of this pollution."   CARE's next step reportedly is going to trial June 1. The group is preparing a case against the Henry Bosma and Liberty Dairies, scheduled for federal court in Richland June 1.   A second trial concerning penalties and injunctive relief (changes to ensure Act compliance) is scheduled for Sept. 7, also in Richland.   Each trial is expected to last about a week.   "For each day of violations proven by CARE, dairy factories are liable for penalties up to $27,500. In addition, proven violations of the Clean Water Act will need to be rectified to ensure compliance with the law in the future," Reddout said.   CARE VP Mary Lynn Bos, a lifetime Valley resident, said "Now we can move on to the next steps in cleaning up this pollution."