EPA: Washington Dairies Threaten Water

LINCOLN, Neb. (DTN) -- The U.S. Environmental Protection Agency asked a federal court for an emergency injunction to force three large Yakima Valley dairies in southern Washington state to take a series of actions to address nitrate pollution in private drinking wells, as part of an ongoing lawsuit filed against Cow Palace LLC and several other dairy companies that house about 30,000 animals collectively.

EPA sued the dairies in June 2024, alleging the operators of those dairies failed to control nitrate pollution from their operations which led to contaminated drinking wells.

According to EPA's motion for an injunction filed last week in the U.S. District Court for the District of Eastern Washington, the dairies were required to take several actions under a 2013 agreement with the EPA.

In the latest motion, EPA asked the court to require the dairy operators to "immediately provide" alternative water to residents in the region, to resume monitoring of nitrates in groundwater, and to address "potential leakage" from a manure storage lagoon.

"These immediate measures are necessary to abate the public health threat to affected residents until nitrate levels in groundwater are substantially reduced and residents have access to safe drinking water," EPA said in the motion.

The companies sued by the agency include Cow Palace; the Dolsen Companies; Three D Properties LLC; George and Margaret LLC; George DeRuyter and Son Dairy LLC; D and J Dairy LLC; Liberty Dairy LLC; Arizona Acres Limited Partnership; Liberty Acres LLC; Bosma Dairy Partners LLC; and Bosma Enterprises Inc.

An aquifer below the Lower Yakima Valley supplies drinking water to about 56,000 people, according to EPA, and about one-third of those residents rely on private wells.

EPA ordered the same entities to act back in March 2013, but nitrate pollution persists.

"The dairies repeatedly missed deadlines to complete these actions under the consent order and have yet to complete all required source control actions," EPA said in its motion for an injunction.

In May 2015, the same court entered consent decrees in citizen lawsuits against the dairies. The decrees required the dairies to install 14 additional monitoring wells and to perform quarterly monitoring, among other actions.

"Notwithstanding the 2013 consent order and the subsequent RCRA consent decrees, defendants' operations continue to contaminate the drinking water of residents who live downgradient from the dairies and source their drinking water from private wells," EPA said.

"As of the dates of this motion, the imminent and substantial endangerment to residents posed by nitrate-contaminated drinking water persists."

The agency said any actions taken by the dairies have not decreased nitrate levels in downgradient wells within safe limits.

Although the dairies have conducted voluntary groundwater monitoring since July 2021 they have "refused to comply" with the consent order, according to the EPA.

"As a result, the laboratory analyzing recent monitoring well data on behalf of the dairies has flagged the data as unreliable," EPA said in the motion.

"The lack of accurate data endangers residents by obfuscating the extent of defendants' nitrate plume, such that collection of valid, reliable monitoring data is necessary."

Under the previous consent decree testing and other steps were to be taken within a one-mile radius of the dairies. EPA, however, said residents' wells beyond that radius "are at risk of drinking water exceeding" limits for nitrate.

"Because past efforts have not protected all Residents at risk of drinking water exceeding the nitrate MCL, renewed testing and alternative water is necessary to immediately abate the public health threat," the agency said in its motion.

"The public health crisis need not continue for another decade. There are reasonable actions that defendants can immediately take to reduce the public health risks resulting from their nitrate contamination."

Todd Neeley can be reached at todd.neeley@dtn.com

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