The Conservation Law Foundation and Vermont Natural Resources Council (collectively, “CLF”) transmitted an October 16th Notice of Intent to Sue (“Notice”) to Vorsteveld Farm, LLP (“VF”) alleging violations of the Clean Water Act.
The Notice states that VF is discharging pesticides and other pollutants into Dead Creek, which is described as a water of the United States.
The Notice describes VF as a large concentrated animal feeding operation (“CAFO”) located in Panton, Vermont. The CAFO is stated to include management of a dairy herd equivalent to 2,892 animal units and primarily grows silage corn, soy, and grass hay on 2,841.1 acres of cropland.
The facility is stated to use various pesticides s to manage its land and crops, which include:
- Atrazine
- Metolachlor
- Clothianidin
- Thiamethoxam
The Notice states that such pesticides and other pollutants are discharged directly into Dead Creek, a water of the United States, without a Clean Water Act National Pollutant Discharge Elimination System Permit. Such discharges are stated to originate from outfall pipes as described in the Notice.
CLF states that it intends to file a Clean Water Act citizen suit at the end of the 60-day notice period.
A copy of the Notice can be downloaded here.
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