Lenexa KS (8/30/2018) – EPA Region 7 has reached an administrative settlement with two concentrated animal feeding operation (CAFO) facilities in the West Point area to resolve violations of the Clean Water Act (CWA). The agreement is expected to help safeguard Nebraska waterways from pollutants and bring both facilities within federal regulatory compliance.

During inspections at these CAFOs, EPA inspectors observed that both facilities lacked adequate, engineered livestock waste controls to prevent discharges of manure and process wastewater. Analysis of sampling conducted by EPA documented that feedlot-related pollutants discharge into an unnamed tributary of Plum Creek. The creek discharges into the Elkhorn River, which is listed as “impaired” by the state of Nebraska for Escherichia coli (E. coli), a disease-causing type of fecal coliform bacteria passed through the fecal excrement of livestock.

Both facilities have agreed to provide EPA a plan describing how they will either: 1) cease all discharges from their facilities, 2) reduce the number of cattle at their facilities below regulatory thresholds, or 3) obtain a National Pollutant Discharge Elimination System (NPDES) permit that would require measures to minimize pollutant impacts. An NPDES permit is required for the discharge of pollutants from any “point source” into waters of the U.S.

In addition, each facility has agreed to pay a civil penalty. Bar MK, L.L.C., has agreed to pay a penalty of $29,000. Cindy Stratman, doing business as Cindy Stratman Livestock, has agreed to pay a penalty of $22,000.

The Consent Agreement and Final Orders for both sites are available for public notice and comment through Sept. 18.

Contact Information: Angela Brees, 913-551-7940, brees.angela@epa.gov