Ohio's Waters

A Joint Release from the Ohio Environmental Council and the Sierra Club - Ohio Chapter

USEPA finds Ohio Factory Farms in Violation of State Law, Clean Water Act

Environmentalists Promote Clean Water Act Permitting Plan

February 8, 2000

After years of being hounded by rural residents and environmentalists, Ohio EPA is now under pressure from USEPA to re-vamp its factory farm permitting system.

Upon reviewing Ohio law and factory farm permit program, USEPA recently concluded that factory farms in Ohio are in violation of state law and regulations in addition to violating the federal Clean Water Act. USEPA found that Ohio's current permit program does not adequately protect water quality from factory farm pollution.

"The USEPA confirms what environmentalists have long asserted: pollution from factory farms poses serious water quality problems," stated Susan Studer, Community Outreach Coordinator for the Ohio Environmental Council.

The USEPA ordered Ohio to issue Clean Water Act National Pollution Discharge Elimination System (NPDES) permits for all Concentrated Animal Feeding Operations (CAFOs).

"Ohioans have said for years that 'if it looks like a factory, smells like a factory, it should be regulated like a factory.' At long last USEPA is saying factory farms should have a factory permit," Studer added.

The USEPA edict came December 3, 1999.

After eight weeks without a response, the USEPA recently sent another letter to Ohio EPA expressing disappointment that Ohio EPA failed to respond. USEPA set a February 18th deadline for Ohio EPA to submit a revised plan to regulate factory farms or risk losing nearly half of a $400,000 federal grant.

"The clock is ticking. We'll be watching the minute hands on our watches in anticipation of a plan from Ohio EPA," Studer stated. "We refuse to wait until the next millennium to get Clean Water Act permits for factory farms."

Last week, USEPA launched a six-month investigation of the enforcement activities of the Ohio EPA.

"USEPA's statements validate the pending petition that Ohio EPA is not enforcing federal environmental laws," said Marc Conte of the Sierra Club, one of four groups petitioning the USEPA to revoke Ohio's authority to enforce federal environmental laws.

"Maybe the threat of losing federal money will finally get the ball rolling. We're sick of all the manure spills and fish kills. We've been begging for new rules and regulations for years," Studer said. "Hopefully this latest action by the USEPA will put Ohio's feet to the fire and clean up these factory farms."

###