Bettencourt Dairy #1 Barn #2

IDA I 10 DEPARTMENT OF AGRICUL TORE DAIRY FARM WASTE ~V
BUREAU OF DAIRYING
PO BOX 790, BOISE ID 83701-0790 FACILITY INSPECTION REPORT
(20R)332-8550
DAJR Y NAMEiO WNERI A DDRESS/ClTY DATE: (' »s: , INSPECTION TYPE: REPEAT NON-COMPLIANCE L
0 ROUTINE
/. "ff (". (:.1:11.1" i I I'>' ... TlME: 0 FOLLOW-UP TlMEFRAME:
if OF ANIMALS: D PRE-QUALIFYING
z 'fr50 s: Z2uO E Fresh & Dry: .~ 0 QUALIFYING DISCHARGE TNSPECTION
Replacements: D OTffER
0 COMPLAINT:
~ PLANT/PERMIT #: REVOKE t.ULK PERMIT
f . ADM1NISTRAT1VE flEMING
A dairy farm waste facility lnspection was conducted at your facility on this date. Hems found to be. in non-compliance with LDAPA 02.04.14 are identilied below,
Please be aware thut repeat nun-compliance items found to exist on the next inspection may be cause (or revocation of your permit to sell milk.
~ Remarks:
., ~LiI:IVED
fj .ffi OIl
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0 o 0 C5 23 2010
ITEMIDESCRrrTIOI\ u z:..;
1. WASTE SYSTEM :.' >1.. DAIRY F'~
L -,,, JJ s: ~r
1I. Barn Waste Containment - - ?/""".
Type: , .......
",V ... ,,;., • .J <-u '"
G" I ''''/
Freeboard: 'i) 'ifi /.
b. Corral/Facility Containment
01 b.- / f... I .,'"
Din-CoITal o Pond ." 1 .. ,Po ~~
c. Separation System I r:»
r~ ~ . I #>1""7)'J "eJ" - I
d. Construction Approved -.1
e. Adequate Liquid Storage
r. Waste Facilities Well Maintained .
. ',:i'
g- Evidence of Past Discharge 'co. ?,~ tI...""
r'~J t... I- 1,.1 r /I
h. Animals Confined From Waterways
2. NlJTRrEI\TT lVTAl\'AGEMENT .,_ ) .. - he J"
".,' <..".,.1,.-1 eo 1- -" I s:
a, Nutrient Management Plan /\
:;; ..... or
1. Crop Rotation and Yield I -'" ~ W', I r < r: I
2. Animal Numbers .\
.: /", r.r
1 , -10.;) ~,,/I"r" ".
3, Barn Water Use , ...
4, Waste Export ? :')
,.. "oj I .... , J:V. I,. S?' .. I- ~ .....
b. Record Keeping Current 2
c. Liquid Application / ... -I ...
c....,., ..I 4> L.4t:"t!.- "'< Ie
d. Solid Application
6 ... ,,_
Idaho Rules Governing Dairy Wastc,lDAPA 02.04.14 state thai
should a repeal uemts) on non-compliance or if a significant
itemis) is found to exist on an inspection, a rcinspection shall be
required after the time deemed necessary to remedy the item(s) of
non-compliance, Any significant or repeat iteuus) of non- /I~, .. ~ .c I_I
compliance found still existing at the time of the reinspection may ,s1,J,I..
call for revocation of your permit to sell milk. lithe permit has , '- ,
bC~D revoked a reinspect ion will be made when the department ~, ... .. ( ,r:., /-.?c.> "
has been notified that the problem(s) has been corrected. .t-;( " ,..
INSPECTOR SIGNATURE PRODUCER SlGNA TU RE
I - [DAHO DEPARTMENT OF AGRICUL TU RE DAlRYFARMWASTE ~L
BUREAU OF DA[RYrNG
(208)332-8550
DAlRY NAME/OWNER/ADDRESS/CITY DATE: -/9- .,,- INSPECTION TYl'E: REPEA T NON-COM PLl ANCE L
0 ROUTINE
/. ........ Co J f ,.,1 • , ,.y TIME: ., 0 FOLLOW-UP
c:. TiME J-'I'{AME:
It OF ANIMALS: 0 PRE-QUALlFYTNG
?t:Sc. s 2"'c.- E Fresh &Dzy: 0 QUAllFYING
.t DISCHARGE TNSPECTION
Replacements: 0 OlliER
0 COMPLAINT: REVOKE MILK PERJvllT
, L f ..... I I ..... PLANT/PERMIT If:
ADMINISTRATIVE HEARTNG
A dairy farm waste facility inspection was conducted at your facility on this date. Items found to be in noa-compflance wilhlDAPA 02.04.14 are identified below.
Please be aware thai repeal non-compliance items fnund to exist on the next inspection may be cause for revocation of your permit to sell milk.
<> Remarks!
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ITEMIDESCRIPTION u z;u L-; r -/'1 - ~
<0"
I. WASTE SYSTEM .:
Barn Waste Containment J r» ofT ..r: .. ~If._. I r" -
a.
Type:
~: .: ,.:. "' 1" ... .- I
Freeboard: L.., ~Clc;..""", 1>. "
b. Corral/Facility Containment r
.. ' .. ' . ..:;. "'I . ,
DIn-Corral o Pond . ....... ..-
I" ,4/ •• /I. ..... , I u' .. , )
c. Separation System
·Lr· I ... ,.~~ ? ... I ... " ... I.
d. Construction Approved . .....
e. Adequate Liquid Storage ,:
4; . r: "" Aa ""
I. Waste Facilities Well Maintained I· .. ..t .: (,I,; • -
g. Evidence of Past Discharge ..•.. ,
: 7~
I) '" ~ ~ ,
h. Animals Confined From 'Waterways ... # .. ___
2. NUTRIENT MANAGEMENT f' .. .. '0
"'-.s~ ... ~ / ... .,IF' , .., I
.
a. Nutrient Management Plan " ,'",
1. Crop Rotation H11d Yield \£V. ..,:", - h I/._ r 1-
-'
2. Animal Numbers ;i~:.?:
3. Bam Water Use ! •. ;;',
L.1:.
-
4. Waste Export ::
.
b. Record Keeping Current ,; .:
c. Liquid Application RL.-C:-1VED
2 ID
Idaho Rules Governing Dairy Waste, lDAP A 02.04. J 4 state that
Should a repeal itenus) On non-ccmpliance or ifa significant 0 U
item(s) is found to exist on an inspection, a reinspection shall be
required after the time deemed nccessary 10 remedy the item(s) of
non-compliance. Any significant or repeat item(s) of non-
compliance found still existing at the lime of the reinspection may
call fUT revocation of your permit to sell milk. If the permit bas
been revoked a reinspection will be Illude when tile department
has been notified that the problcmtsrhas been corrected.
INSPECTOR SIGNATURE PRODUCER SlGNATURE
~- IDAHO DEPARTMENT OF AGRICULTURE DAIRY FARM WASTE IlG
BUREAU OF DAlR YlNG
PO BOX 790, BOISE ID R37Ql-0790 FACILITY INSPECTION REPORT
(208)332-8550
OAIRY NAME/O\VNERJADDRESS/CITY DATE: .~ - 09 INSPECTION TYPE: REPEAT NON-COMPLIANCE L
_/ 0 ROUTINE
~ ., u- TIME: fh"" 0 FOLLOW-VP TIME FRAl\.1E:
., p 0 J>RE-QUALl}'Y 11'':0
~ # OF ANTMALS:
it S t!" z ... .r Fresh & Dry: 0 QUALIFYING D1SCHAJl.G1::l INSPECTION
..J' 0 DIllER
Re D I acemerus:
,,~ -7) 0 COMPLAINT: REVOKE M1LK PERMTT
PLANTIPERMIT #:
ADMrNTSTRATIVE HEARlNG
A dairy farm wasre facility inspection was conducted at your facility on this date. Items found 10 he in lion-compliance with lDAPA 02.04.14 are identified below.
Please be aware that repeat nen-comphance items found to e x ist on lhe next inspection may be cause for revocation of your permit 10 sell milk.
<U Remarks:
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lTElVUDESCRIPTlON 0 o 0 i:5
e.; :ze.;
$0 L ~.,?dI. * ..... ?'. c- ~ y .or
I. \\,'ASTE SYSTEM ,h
,~
a. Barn Waste Containment Ce ... "/
Type:
Freeboard: ~ j'A
b. Corral/Facility Containment .... ..J7 r: .. r; ... I /'_ .. p e' ;'
•
o In-Corral o Pond ~. r:
./ .6..- ....... ,(, ;I
~- - ... • ...
d. Construction Approved ;~A.' r.{.._ ; I
. , &; CI-, V"
rr. ,.
c. Adequate Liquid Storage
f. Waste Facilities Well Maintained 1- '" ... ,.. ; or r. ~
g. Evidence of Past Discharge ?' • ..J .. ,. ..... A.$ .s:: " rl ?" .. ,,.. C:;4'

h. Animals Confined From Waterways I /-:""'- I ..
-./ ~ . .I J ... &.,..c;. ;
2. NUTRIENT .'1ANAGEMENT b" A.. ~~//., ... / 't;,. #!J r/.
-
a. Nutrient Management Plan :S' "::;0' ;I L: .r
'¥#. - "~i.
I. Crop Rotation and Yield
:~: ,.....-/; r:: /or '" - j"'-:,r.
2. Anima 1 Numbers
3. Bam Water Use ;'0'
4. Waste Export
.",
b. Record Keeping Current
c, Liquid Application
Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 stale that RECEIVED
should a repeat item(s) on non-compliance or if a significant
itemts) is found to exist On an inspection, a reinspcction shall be NOV 032009
required after the Lime deemed necessary 10 remedy the item(s) of
non-compliance. Any significant or repeal irenus) of non-
compliance found still existing aline time of the reinspection may DAIRY BUREAU
call for revocation of your per mil to sell milk. If the perrrrit has
been revoked a reinspection will be made when the department
has been notified that the probJem(s) has been corrected,
INSPECTOR SIGNATURE PRODUCER SIGNATURE
~---...:::
- Iv
IDAHO DEPARTl\1ENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIRYING
(208)332-8550
DAlRY NAMEIOWNERiADDRESSiCITY DATE: '~-2~~ INSPECTION TYPE: REPEKf NON-COMPLIANCE L
0 ROUTfNf;
l. ,H c:. llME: .0 FOLLOW-UP T1MLFRAME:
If OF ANIMALS: 2' 0 PRE-QUALIFYING
fresh & Dry: 0 QUALlfYl~G DTSCHARGE INSPECl'lON
Replacements: 0 OTIlER
0 COMPLAINT:
PLANTIPERMIT#: REVOKE MILK PERMIT
ADMrNISTRAT1VE HEARfNG
A dairy farm waste racilily inspection was conducted at your facility on thts date. Items found 10 be in non-compliance with IDAPA 02.04.14 are ideutitied below.
Please he aware that repeat non-cnmpllance items found to exist on the nexr inspection may be cause for revocation of your perm it 10 sell milk.
" Remarks:
OS ~ "
OJ;
'" :.::I '"
~ '" p. -B
~ o
0 '" L-
ITEMmESCRJPTWN u zu q - /'
1. WASTE SYSTEM '. -;i "Al< :0 ~;G
3. Bam Waste Containment -
Type: ¥ , .+ ~ ... ,
""~ .,.,:$ sa-
Freeboard: . :f ~, :a
~ 4 G J
0 o Pond '''''''C . . '0!
ln-Corral '1: . ,< .. , ,. ;,
"" "- /
. '.=,,: _...
d. Construction t\ pproved iiPfi·
1ti
c. Adequate Liquid Storage ;.+ ?
f. Waste Facilities Well Maintained t@ " A/,...,
:i:f .. ", .....
iR, '9
g. Evidence of Past Discharge
J4.
h. Animals Con lined From Waterways
- ~
2. :-.rUTRIENT MJ\NAGEMENT ~i! • - n, T' r:
, ,
Nutrient Management Plal1 ~ ,
a. , "". ,J
., - ,.
'" "j ""
I. Crop Rotation and Yield {"pt·
I
"! ~.""'::'*'.~~ .s
3, Bam WnwrUsc ~". (:
...
4. Waste Export "4, , ,
:w.::
b, Record Keeping Current ;' . ..
c. Liquid Application ~
.
?' . /
Idaho Rules Governing Dai I)' Waste, lDAPA 0204.14 stale that
should a repeat itemls) \)0 non-camp I iance or if a significant ... -
j [em{s) is found 10 exist on an inspection. a reinspection shall be
re quired after the tl me deemed n eces sary to re rned y the i te m( s) of'
non-compliance. Any significant or repeal iterms) of non- RECEIVED
campi lance found sti II existing at the lime 0 f the reinspection may
call for revocation of your permit to Bell milk, If the permit bas / t'"
been revoked a rcinspccrion wi 11 be made when the department JUN 3 D 2DD9
has been notified tha t the problerru s) has been corrected,
F"\.A In" .... , ...
rNSPECTOR SIGN A TURE PRODUCER SIGNATURE ........... II_MU -----------_.-----------------------------------------------------------------------------------------------------------------

~~============================~~~'(

LDAHO DEPARTMENT OF AGRICULTURE DAIRY FARM WASTE '

BUREAU OF DAIR nNO

PO BOX 790, BOISE to 83701-0790 FACILITY INSPECTION REPORT

(208)332-li550

DArRY NAME/O\I,INERJADDRESS/CJTY

DATE:

INSPECTJON TYT'E:

o ROUTINE

o FOLLOW-UP

o PRE-QUALTFYTNG

o QUALll'YING D OTHER

o COMPLAINT:

REVOKE MILK PER;>VITT

REPEAT NON-COMPLIANCE L T1ME FRAME:

-

TIME:

it OF ANlMALS:

Fresh & Dry: _

Replacements:

DISCHARGE INSPECTION

PLANT/PERMJT #:

ADMIN1STRATlVE HEARlNG

A dairy farm waste facility lnspectlon was conducted at your facility on this date. Items found to be in nen-compllance with IDAPi\ 02.04.l4 are identified below. Please be aware that repeat non-comptiance items found to exist 011 tile next inspection may be cause for revocation of your permit 10 sell milk.

ITEMJDI~SCRlPTlON

" Remarks:
" '"
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E ",t '"
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u ;zu /T! rey ./ ~ .,~ a-;")'-/~ /
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- j":>, ~.." .. A,~ Go I;' I I C I
s:
,-
" , " h ~~ RECEIVED
r: ?ao'l
I" d\ JUN 08 2009
f' 'Wi ~~ ~ 1"1,, DAIRY BUREAU
,~:, ~ .. It
, J.J .1, I'" ,j -4 1-12 1-1
I I' 1. Vi' ASTE SYSTEM

a. Bam Waste Containment

Type:

Freeboard:


DIn-Corral 0 Pond


d. Consuuction A pproved


f Waste facilities Well Maintained



2. NlJTRIENT MANAG£M£NT

I

?~JPz.

."' 'it
0, n.
"'$
. _,
,
-"Ji
"" I

a. Nutrient Management Plan


A.1

..

2. Animal Numbers

.4 2" <

... , /

3. Bam Water Use

I

4. Waste Export

~I

I


1<4./

I

c. Liquid Application

7/1

I


I

Idaho Rules Governing Dairy Waste, lDAPA 02.04.14 stare that should a repeal iternls) on non-compliance OJ' if a significant iternts) is found to exist on an inspection. a reinspection shall be required after the time deemed necessary to remedy the ilem(s) of non-compliance. Any significant. or repeat itcm(s) of noncompliance found still existing at the lime or the reinspection may call for revocation of your permit to sell milk If the permit has been revoked a reinspection will be made when the department has been notified thai U1C problcmts) has been corrected,

? ...

... I

INSPECTOR SlGNj\ TUttS

PRODUCER SIGNATURE

147476

NORTHWEST DAIRY ASSOCIATION BETTENCOURT DAIRIES LLC

AMOUNT $5,000.00

ACCOUNT/REFERENCE

RECEIVED MAY 1 8 2009 DAIRY BUREAU

i

~ STATE OF RDAHO

DEPARTMENT Of AGRICIJLTURE

C.L. "BUTCH" OTTER

Governor

CELIA R. GOULD

Director

April 3,2009

Nina Davis

Northwest Dairy Association P.O. Box 34377

Seattle, WA 98124-1377

Dear Ms. Davis:

The Luis Bettencourt d/b/a Bettencourt Dairies LLC Dairy #1, Bam #2, located at 2850 S 2200 E, Wendell, Idaho 83355 has agreed to have the sum of$5,000.00 deducted from his milk payment as settlement for a dairy waste violation. Title 37, Chapter 4 Idaho Code provides that dairy milk processors pay to the county current expense fund the amount determined by the Idaho Department of Agriculture as the penalty for dairy farmers who have violated the Rules Governing Dairy Waste.

The payment should be sent to the Gooding County current expense fund and made as follows:

• $5,000.00 out of the second April, 2009 milk check

The payment should be made out to Gooding County.

Their mailing address is:

Denise Gill, Clerk Gooding County

P.O. Box 417 Gooding, Idaho 83330

A copy of the checks needs to be forwarded to the Dairy Bureau at:

P.O. Box 790 Boise, Idaho 83701

Please call at your earliest convenience if you have any questions.

Sincerely,

--??4~~

Marv Patten, Chief Dairy & CAFO Bureau

cc: Bettencourt Dairies LLC Dairy #1 Bam #2

2270 Old Penitentiary Road. P.O. Box 790' Boise, Idaho 83701' (208) 332-8500· www.agri.idaho.gov

LAWRENCEG. WASDEN Attorney General

[f 0 [L ~[Q)

APR 02 2009 LEGAL BUREAU

Idaho State Department of Agriculture

CLIVE J. STRONG Deputy Attorney General

Chief, Natural Resources Division

ANGELA SCHAER KAUFMANN (ISB NO. 5436) Deputy Attorney General

Natural Resources Division

Idaho State Department of Agriculture 2270 Old Penitentiary Road

Boise, ID 83712

Telephone: (208) 332M8509

Facsimile: (208) 334-4623

Attorneys for the Idaho State Department of Agriculture

BEFORE THE IDAHO STATE DEPARTMENT OF AGRICULTURE

IDAHO STATE DEPARTMENT OF AGRICULTURE,

Complainant,

) ) )

) STIPULATION, AGREEMENT, AND

) CONSENT ORDER

)

)

)

)

vs.

BETTENCOURT DAIRIES, LLC, doing business as BETTENCOURT DAIRY #1, BARN #2,

Respondent.

I. PARTIES

_+

The Idaho State Department of Agriculture ("ISDA") and Bettencourt Dairies,

LLC, doing business as Bettencourt Dairy #1, Bam #2 ("Respondent"), enter into this

Stipulation, Agreement and Consent Order ("Consent Order") regarding Respondent's violation

of the Sanitary Inspection of Dairy Products statutes (Idaho Code sections 37-400 et seq.) and the

Rules Governing Dairy Waste (lDAPA 02.04.14.000 et seq.i. In consideration of the facts,

STJPULA TION, AGREEMENT, AND CONSENT ORDER, Page 1 (Bettencourt Dairies, LLC, dba Bettencourt Dairy # 1, Barn #2)

I

agreements, and terms and conditions hereinafter set forth, and subject to the approval of the

Director of ISDA, the Parties enter into this Consent Order.

II. JURISDICTION

2.1 The Parties enter into this Consent Order pursuant to Title 37, Chapter 4, Idaho

Code, known as the Sanitary Inspection of Dairy Products law.

2.2 The Director of ISDA is authorized to adopt appropriate rules for the purpose of

carrying out the Sanitary Inspection of Dairy Products law. The applicable rules are codified at

IDAPA 02.04.14.000 e/ seq., Rules Governing Dairy Waste.

2.3 Respondent has a Grade A Raw Milk Permit for the operation of its facility

located at 2850 South 2200 East, Wendell, Idaho 83355. All actions referred to in this Consent

Order occurred within the State ofIdaho.

III. FINDINGS OF FACT

3.1. On March 3, 2008, Mr. Godfrey visited Respondent's facility in response to a

complaint from a neighbor. Mr. Godfrey's inspection, as documented in a Dairy Farm Waste

Discharge Inspection Report, showed that berming had been compromised by a compost

operator. which in tum allowed waste water from the compost yard on Respondent's facility to

flow and enter the canal.

3.2. On the same day, at 1:00 p.m., Mr. Godfrey completed a Dairy Farm Waste

Facility Inspection Report, which showed that waste water entered the canal because a berm was

removed or otherwise compromised. The berm was to be replaced the same day.

3.3. At 6:00 p.m. on March 3, 2008, Mr. Godfrey completed a Dairy Farm Waste

Facility Inspection Report, which showed that the berm had been replaced and reinforced.

3.4. ISDA learned that Healthy Earth Enterprises, LLC. was the entity that caused the

STIPULATION, AGREEMENT. AND CONSENT ORDER. Page 2 (Bettencourt Dairies. LLC. dba Bettencourt Dairy # J. Barn #2)

I

berm to be compromised. Healthy Earth Enterprises engaged In extensive cleanup efforts,

including the removal of spillage from the canal.

3.5. On February 3, 2009, Respondent's representatives Rick Onaindia and attorney

Rob Williams met with ISDA Personnel in an attempt to resolve this matter informally. The

parties were able to reach a mutually satisfactory agreement.

IV. CONCLUSIONS OF LAW

4.1 IDAPA 02.04.14.004.05 provides, in pertinent part:

Discharge Violation. A practice or facility condition which has caused an unauthorized release of livestock waste into surface, ground water, or beyond the dairy farm's property boundaries or beyond the property boundary of any facility operated by the producer.


Livestock Waste. Manure that may also contain bedding, spilled feed, water or soil. It also includes wastes not particularly associated with manure, such as milking center, or washing wastes or milk, or livestock carcasses or parts thereof.


Non-Compliance, A practice or facility condition which will cause a discharge violation if left uncorrected, or a condition on a dairy farm that does not meet the requirements of the Idaho Waste Management Guidelines for Confined Feeding Operations, the Nutrient Management Plan, Nutrient Management Standard, and Appendix 100.

4.4 On OT before March 3, 2008, Respondent caused andlor allowed a discharge of

livestock waste beyond the boundary of land owned OT operated by Respondent, thereby

violating the IDAPA provisions set forth above.

STIPULATION, AGREEMENT, AND CONSENT ORDER, Page 3 (Bettencourt Dairies, LLC, dba Bettencourt Dairy # 1, Barn #2)

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V. TERMS OF AGREEMENT

5.1 On February 3, 2009, Respondent's representatives met with ISDA personnel.

After further discussion with their respective counsel and with each other, Respondents and

ISDA personnel agreed to a settlement of Respondent's violations of the Sanitary Inspection of

Dairy Products law and Rules Governing Dairy Waste. This Consent Order memorializes the

agreement reached between Respondent and ISDA.

5.2 Respondent affinns and represents that no promise, inducement, or agreement not

herein expressed has been made to Respondent and that this Consent Order contains the entire

agreement between the Parties. Respondent further affirms and represents that Respondent was

represented by legal counsel during discussions with ISDA concerning Respondent's violations.

5.3 Respondent agrees to undertake all actions required by the terms and conditions

of this Consent Order. In any action by ISDA to enforce the terms of this Consent Order,

Respondent consents to and agrees not to contest the authority or jurisdiction of ISDA to issue or

enforce this Consent Order, and agrees not to contest the validity of this Consent Order or its

terms.

5.4 To avoid further enforcement proceedings by ISDA relating to violations of the

Sanitary Inspection of Dairy Products law and Rules Governing Dairy Waste set forth above,

Respondent agrees freely, voluntarily, and with full knowledge, to the terms and conditions

contained herein. This agreement settles all claims by ISDA against Respondent arising from the

facts in this case.

5.5 Notwithstanding Paragraph 5.4 above, the Parties acknowledge that if Respondent

commits any future violations of the dairy waste provisions of the Sanitary Inspection of Dairy

Products law or the Rules Governing Dairy Waste, then the incidents set forth in the Findings of

STIPULATION, AGREEMENT, AND CONSENT ORDER, Page 4 (Bettencourt Dai ries, LLC, dba Bettencourt Dairy # 1, Barn #2)

Fact will be considered to be a previous violation for the purposes of determining the appropriate

degree of penalties to be imposed.

VI. CIVIL PENALTY

6.1. Total Penalty; Respondent is hereby assessed a total civil penalty in the amount

of Five Thousand Dollars ($5,000.00) ("Total Civil Penalty").

6.2. Penalty Paid: Respondent shall pay Five Thousand Dollars ($5,000) of the total

civil penalty as described in paragraph 6.3 below.

6.3. Method of Payment: The civil penalty set forth in Paragraph 6.2 shall be paid in

one installment. Respondent authorizes Northwest Dairy Association to deduct Five Thousand

Dollars ($5,000) from the Respondent's second milk check for April 2009, and send that amount

to the Gooding County current expense fund, along with a copy to the Dairy Bureau.

VII. VIOLATION OF THE TERMS OF THIS CONSENT ORDER

In the event that Respondent fails to comply with any term of this Consent Order, that

failure will be deemed a violation of this Consent Order. Failure to comply with the terms of this

Consent Order may also result in a district court action seeking enforcement of this Consent

Order, additional civil penalties, the assessment of costs and attorney fees, restraining orders,

injunctions and such further relief as is deemed appropriate. Enforcement of the terms of this

Consent Order shall be in addition to enforcement proceedings relating to any subsequent causes

of action arising from violations of the Sanitary Inspection of Dairy Products law or the Rules

Governing Dairy Waste.

VIII. WAIVER

Respondent waives all further procedural rights, including the right to a hearing, with

regard to the enforcement of this Consent Order. This waiver does not apply to hearings on any

STIPULATION. AGREEMENT, AND CONSENT ORDER, Page 5 (Bettencourt Dairies, LLC, dba Bettencourt Da iry # 1, Barn #2)

1 -----.-.----.-

I

subsequent violations of the dairy waste provisions of the Sanitary Inspection of Dairy Products

law, or the Rules Governing Dairy Waste not specifically addressed by this Consent Order. If

Respondent is cited with a subsequent violation of the dairy waste provisions of the Sanitary

Inspection of Dairy Products law or the Rules Governing Dairy Waste, Respondent is entitled to

a hearing to determine whether a violation occurred. However, if it is agreed, stipulated, found,

ordered or adjudged that Respondent violated the waste provisions in the Sanitary Inspection of

Dairy Products law or the Rules Governing Dairy Waste, Respondent is not entitled to a hearing

regarding the enforcement of the terms of this Consent Order.

IX. NO RELIEF FROM OBLIGATION TO COMPLY WITH APPLICABLE LAWS

This Consent Order shall not in any way relieve Respondent from any obligation to

comply with any provision of the Sanitary Inspection of Dairy Products law, the Rules

Governing Dairy Waste, or any other applicable local, state or federal laws, statutes, rules, or

regulations.

X. SUCCESSORS AND ASSIGNS

This Consent Order shall bind Respondent and Respondent's successors and assigns.

XI. EFFECTIVE DATE

The effective date of this Consent Order shall be the date of signature by the Director of

ISDA.

XII. COMMUNICATIONS

12.1 Verification of provisions outlined in Section VI required by this Consent Order

shall be addressed to:

Dairy Bureau

Idaho State Department of Agriculture Post Office Box 790

Boise, Idaho 83701-0790

STIPULA TION, AGREEMENT, AND CONSENT ORDER, Page 6 (Bettencourt Dairies, LLC. dba Bettencourt Dairy # I, Barn #2)

CONSENT TO BE BOUND BY STIPULATION, AGREEMENT AND CONSENT ORDER

I, Luis Bettencourt being first duly sworn upon oath, deposes and says:

That 1 am a trustee of The Luis and Sharon Bettencourt 2008 Trust u/ A/D, which is the member

of Bettencourt Dairies, LLC, d/b/a Bettencourt Dai ry # I , Barn #2 ("Respondent");

That I have authorization to sign this Stipulation, Agreement and Consent Order on behalf of

Respondent, and to bind Respondent to the terms contained therein;

That I have read the Consent Order, know the contents thereof, and believe the same to be true to

the best of my knowledge; and

That I freely and voluntarily agree, on my own and on behalf of Respondent. to be bound by all

terms of the Consent Order iJ

SIGNED this:< day of April, 2009,

STATE Of IDAHO )

J )ss

COUNTY of "ercrue )

O hi ~~tlc\ d f '1' h 2009 b t: h dersi ed

/') ntis - ay a April, III t e year ,elaTe me t e un ersrgn ,

1")1" fM tlfJ.:5;'a_ .. tte« a Notary Public in and for said state, personally appeared Luis Bettencourt, personally known or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within Consent Order, and who acknowledged to me that he executed the same for the purposes therein stated in his authorized capacity to so sign.

fN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and

year : above w'itten.~ ~

M:e-t-u,{a S____J___,2_d{V?/

BR cr.. -; <, ('JT\.ER Note.' ,. ':"" :):c: ~-. >-? ~ '; _":-' ~:.,

Notary Public f Residing at:~""""""::"""'::r-"':"':"-:~~rl:::=--""""'-

My Commission r- (L)

' ..

~ ._": .-:' ........ '~.~,-

.. '~: ~~_I .'

...

STiPULA nON, AGREEMENT, AND CONSENT ORDER, Page 8 (Bettencourt Dairies. LLC. dba Bettencourt Dairy #1, Bam #2)

I

12.2 All other communications required by this Consent Order shall be addressed to:

Legal Bureau

Idaho State Department of Agriculture Post Office Box 790

Boise, Idaho 83701-0790

XlII. CONSENT ORDER

13.1 Based on the foregoing statement of facts and agreements, and on Respondent's

free and voluntary agreement to abide by the above-stated terms and conditions, the items listed

in Paragraph 13.2 below are ordered.

13.2 Respondent shall be assessed a civil penalty of Five Thousand Dollars ($5,000),

and shall pay Five Thousand Dollars ($5,000) to the Good,g County current expense fund.

IT IS SO ORDERED AND AGREED this :; /!'- day of ¥ 2009.

IDAHO 8T ATE DEPARTMENT OF AGRICULTURE

By:

STIPULATION, AGREEMENT, AND CONSENT ORDER, Page 7 (Bettencourt Dairies, LLC, dba Bettencourt Dairy # I, Barn #2)

IDAHO DEPARTMENT OF AGRlCUL TORE BUREAU OF DAJRY[NG

PO BOX 790, BOISE ro 83701-0790 (20$1)332-8550

DAIRY FARM WASTE FACILITY INSPECTION REPORT

I /

DALR Y NAME/OW N ERiADDRESSlCITY

TIME;

II OF ANIMALS:

Fresh & Dry: _

Re lacements:

DATE:

INSPECTION TYPE:

II] ROUTLNE D FOLLOW-UP

D PRE-QUALIFYING D QUALIFYlNG

D OTHER

D COM1'LAINT:

REPEAT NON-COMPLl~NCE Tl)..IE FRAME:


REVOKE MILK PERMIT

PLANTiPERMlT It:

ADM1N I STRA T1VE H BARfNG

1\ dairy farm waste facility inspection was conducted at your flldlity on this date. Items found to be in non-compliance with IDAPA 02.0'1.14 are ldentlfled below. Please be aware Ihat repeat non-compliance lrcms found to extsr on the next inspection may be cause for revocation of your permit to sell milk.

fTK\,IID ESCRIPTION

l. WASTE SYSTEM

8. Barn Waste Containment

Type'

Freeboard:


D Tn-COTr~1 D Pond


d. Construction Approved


f. Waste Facilities Well Maintained



2. NUTRr[NT MANAGEMEl\'T

B. _N utrient Management Plan


'2_ Animal Numbers

3. Barn Water Usc

4. Waste Export



Remarks:

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Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that should a repeal item(~) on non-compliance or i fa signi f-rcanl itcm(s) is round to exist on an inspection. a reinspecuou shall be required after the time deemed necessary to remedy the iternts) of non-compliance. Any significant or repeat item(s) of non" compliance found still existing at the time of the reinspection may call for revocation of your perrni l to sell mil k. I f the permit has been revoked a rcinspcction wi II be made when the department has been notified that the problcmts) has beeu eorrected,

4

IN SPECTOR SIGNA TU RE

PRODUCER SJ(,}.jATURE

UNITED STATES ENVIRONMENTAL PROTECTION AGENC REGION 10

1200 Sixth Avenue, Suite 900 Seattle, Washington 98101-3140

FEB - 4 2009

"

"~R E C E ! V i: ,_,;:,<

, ',I

'\ FEB 0 q 2,~~3 '\'

\ A G A [j !\Ii ' " ,

RepJyTo: aCE-I33

CERTIFIED MAIL- RETURN RECEIPT REQUESTED

REQUEST FOR INFORMATION

Luis M Bettencourt. Registered Agent Bettencourt Dairies. LLC.

2860 South 2300'East

Wendell, Idaho 83355

Re: Pursuant to Section 308 of the Clean Water Act

Dear Mr. Bettencourt:

The U.S. Environmental Protection Agency (EPA) is issuing the enclosed information request pursuant to Section 308 of the Clean Water Act (CWA). 33 U.S.C. § 1318. The information request seeks information about your dairy operation located at 2860 South 2300 East, in Wendell, Idaho.

Section 308 of the Clean Water Act (CWA), 33 U.S.C. § 1318, authorizes EPA to require the submission of records, reports, and other information for the purpose of determining whether any violations of the CW A have occurred and to carry out any other provision of the CW A. By this letter, EPA requires Bettencourt Dairies, LLC, dairy operation to provide the requested information and documents by the dates specified in the enclosed Information Request. Please submit your written response to this Information Request to:

Steven Potokar

U.S. Environmental Protection Agency 1200 Sixth Avenue, Suite 900

Mail Stop - 0CE-133

Seattle, W A 98101

In addition, we askBettencourt Dairies to certify with the enclosed Affidavit for Information Request that your response to this Information Request is true, accurate and complete.

Thank you for your attention to this matter. Please direct any technical questions regarding this Information Request to Steven Potokar at (206) 553-6354; for legal matters, contact Mark Ryan, Office of Regional Counsel, at (208) 378-5768.

Enclosure

SincerW

-;:4- _

;,/,;;"

?~ -.,'

Edward tKowalski, Director

Office of Compliance and Enforcement

cc:

I

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

1200 Sixth Avenue, Suite 900 Seattle, Washington 98101

IN THE MATTER OF:

) ) ) ) )

) INFORMATION REQUEST )

)

)

Bettencourt Dairies, LLC. 2860 South 2300 East Wendell, Idaho 83355

Respondent.

Pursuant to Section 308 of the Clean Water Act (CWA), 33 U.S.c. § 1318, the U.S.

Environmental Protection Agency (EPA), through the Director of the Office of Compliance

and Enforcement, and upon the basis of available information, makes the following

Information Request to Bettencourt Dairies, LLC.

A. INSTRUCTIONS

1. The response to this Information Request, and all other information and notices

required under this Information Request, should be sent or provided no later than

February 27,2009, to:

Steven Potokar

U.S. EPA, Region 10

1200 Sixth Avenue, Suite 900 Mail Stop: aCE-133

Seattle, WA 98101

Telephone Number: (206) 553-6354 Fax Number: (206) 553-1280

/

B. INFORMATION REQUEST

1. Provide the name, address, and title of the owners and operators at the Bettencourt Dairy located near Wendell, Idaho.

2. Provide the facility Nutrient Management Plan, as well as a description of the site specific best management practices (BMP) employed at the facility in accordance with the management practices established in the Idaho State Waste Management Guidelines for Animal Feeding Operations.

3. Provide a facility map as well as any documentation showing slopes, pens, engineered wastewater systems, berms, ditches, canals, retention ponds, settling ponds, waste lagoons, or other constructed or natural features that convey, hold or otherwise control

wastewater, water, waste or manure.

4. Provide current facility information, including numbers of animals, length of confinement, ~d types of animals ~, heifer v. slaughter cows).

5. Describe all discharges, from the facility, if any, to waters of the U.S. including, but not limited to, creeks, streams, rivers, irrigation canals and ditches.

6. Describe the estimated storage capacity of all waste containment systems. Please include engineering sketches and designs of the waste containment systems used at the facility within the last five years. In addition, provide length o~ use, and any record pertaining to the storage, application, and use of manure.

7. Please explain how you manage your animal wastes. Include type of waste, land application method, if any, application time, application rate, time of year that application occurs and the size (in acres) of the land application area.

UNITED STA TES ENVIRONMENTAL PROTECTION AGENCY REGION 10

1200 Sixth Avenue, Suite 900 Seattle, Washington 9810.1

IN THE MA TIER OF:

)

) AFFIDAVIT FOR INFORMATION ) REQUEST

)

)

I, , being first duly sworn, hereby

certify that the enclosed response to the above-captioned Information Request is true,

accurate, and complete. I certify that the portions of this response which I did not

personally prepare were prepared by persons acting on behalf of the Respondent, under

my supervision and at my instruction, and that the information provided is true, accurate,

and complete. I make this certification both on my own behalf, and on behalf of the

Respondent, as its authorized representative.

Signature:_~ _

Dated: ....,...- _

Printed Name: _

Title: ' _

SUBSCRIBED and SWORN to before me this _ day of , 20.0.9.

of _

NOTARY PUBLIC in and for the State

residing at .,...-.- _

My Commission expires _

2. For purposes of this Information Request, the "facility" consists of all real property currently owned or operated by Bettencourt Dairies, LLC, on, contiguous to, adjacent to or in the vicinity of Wendell, Idaho, including manure application fields, fann fields, bams, pens, and production areas owned or operated by Bettencourt Dairy near the city of Wendell, Gooding County, Idaho.

3. The information requested must be submitted whether or not you regard part or all of it as a trade secret or confidential business information, You may, if you desire, assert a business confidentiality claim covering all or part of the information submitted as provided in Section 308 of the CWA, 33 U.S.c;. § 3818(b), and 40 C.F.R. Part 2, Subpart B. Rules governing certaininformation obtained under the CW A appear in 40 C.F .R. § 2.302. All information claimed as confidential should be contained on separate sheet(s) and should be clearly identified as "confidential," "trade secret," or "proprietary." Please note that you bear the burden of substantiating your-confidentiality claim. Unless you make a claim at the time you submit the information in the manner described in 40 C.F .R. § 2 .203 (b), it may be made available to the public by EPA without further notice to you. Information subject to a business confidentiality claim may be disclosed by EPA only to the extent and pursuant to the procedures set forth in 40 C.F.R. Part 2, Subpart B. You should read the above-cited statutes and regulations carefully before asserting a business confidentiality claim since certain categories ofinfonnation such as nutrient management plans are not properly the subject of such a claim.

4. This Information Request is not subject to the requirements of the Paperwork Reduction Act of 1995, 44 U .S.C. § 3501, et seq.

I

8. Have you expanded the size of the facility in acres or in number of head of cattle

confined in the last five years? If so, please explain in detail.

9. Provide copies of all water quality data collected in the last five years. This shall

include all samples collected of wastewater running off the site, groundwater

samples in the area of the facility and all surface water quality samples. Provide a

facility map marked with sample locations where appropriate.

C. ENFORCEMENT

Failure to provide the required information on time may lead to civil penalties of

up to $37;500 per day of violation pursuant to Section 309(d) of the Act, 33 U.S.C. § 1319( d); (2) administrative penalties of up to $16,000 per day for each violation, pursuant to Section 309(g) of the Act, 33 U. S. C. § 1319(g); or (3) civil action in

federal court for injunctive relief pursuant to Section 309(b) of the Act, 33 U.S.C.

§ 1319(b).

Call Steven Potokar, Office of Compliance and Enforcement, NPDES Compliance

Unit, at (206) 553-6354, if you have any questions regarding technical matters, or

Mark Ryan, Office of Regional Counsel, at (208) 378-5675, if you have any questions

regarding legal matters. ,

Dated this ''1zd day of ~

) .

,2009.

C:::::-Edward J. K' alski, ni;ector Office of Compliance and Enforcement

\

\

\

IDAHO STATE DEPARTMENT OF AGRICUl TlJRIl:

DAIRY BURIl:AU

INVESTIGATION SUMMARY

INVESTI GATOR:

Lynn Godfrey, ISDA, State Dairy Inspector

OFFENSE:

Discharge of livestock waste (IDAPA 02.04.14 Rules Governing Dairy Waste)

WITNESS:

SUSPECT:

Luis Bettencourt d/b/a Bettencourt Dairy #1 Bam #2 2850 S 2200 E

Wendell, Id 83355

Mailing:

PO Box 587 Jerome, ld 83338

VICTIM:

State of Idaho

HISTORY/CURRENT:

INITIAL REPORT/INCIDENT/CONTACT:

On March 3, 2008, Lynn Godfrey, State Dairy Inspector conducted a waste inspection at Bettencourt Dairy # 1 Bam #2 due to a complaint received from Leon Strickland. Mr. Godfrey completed a complaint form which revealed there was evidence of a past discharge of waste into the canal from the compost area. (Exhibit 1).

INVESTIGATOR'S OBSERVATIONS/ACTIONS:

Reporting InvestigatorCs) on March 3, 2008:

On March 3, 2008, Mr. Godfrey, arrived at Bettencourt Dairy #1 Bam #2 and conducted a waste inspection and completed a Dairy Farm Waste Discharge Inspection Report. The report revealed that a berm was removed which allowed waste water from the compost yard to flow and enter the canal. The report also contained a drawing of the path ofthe discharge. (Exhibit 2).

At 11 :00 am, Mr. Godfrey, conducted a waste inspection and completed a Dairy Farm Waste Facility Inspection Report. The report revealed that the producer requested to apply waste water because the lagoon was at capacity. (Exhibit 3).

At I :00 pm, Mr. Godfrey, completed a Dairy Farm Waste Facility Inspection Report. The report revealed that waste water entered the canal by the compost yard because the berm was removed. The report also revealed that a replacement berm would be replaced that same day. (Exhibit 4).

At 6:00 pm, Mr. Godfrey, arrived at Bettencourt Dairy #1 Bam #2 and conducted a waste inspection and completed a Dairy Farm Waste Facility Inspection Report. The report revealed that a berm has been provided in the compost yard. (Exhibit 5).

Mr. Godfrey took 12 photos of the discharge and berming at Bettencourt Dairy #1 Bam #2. (Exhibit 6).


On March 5,2008, Mr. Godfrey, took 4 photos of the discharge at Bettencourt Dairy #1 Bam #2. (Exhibit 7).


On March 6,2008, Mr. Godfrey collected two waste water samples and labeled them: [sample 1] "Northside main canal by Wendell High School", [sample 2 ] "Northside main canal East 0[200 W", and delivered the samples to Magic Valley Labs. (Exhibit 8).

Investigation Report

Luis Bettencourt !Bettencourt Dairy #1 Bam #2 Page 2

Reporting Investigator(s) on March 17 & 21, 2008:

On March 17, and March 21, 2008, the Dairy Bureau received the laboratory results of the waste water samples taken by Lyrm Godfrey on March 6,2008. The laboratory analysis revealed:

[sample #1] Northside main canal by Wendell High School = nitrate <0.3 mg/l, ammonia 5.87 mg/I, e-coli <100 mpn/l00ml, total coliform 8800 mpnflOOml

[sample #2) Northside main canal East of200 W = nitrate 0.64 mg/l, ammonia 4.78 mg/I, e-coli <100 mpnflOOml, total coliform 860 mpnJIOOm1. (Exhibit 9).

Reporting InvestigatorCs) on April 8, 2008:

On April 8, 2008, the Dairy Bureau received a letter to Mr. Bettencourt from Tony Brand, Magic Valley Compost. The letter stated that because of work Magic Valley Compost was conducting, they caused the waste run-off at the Bettencourt facility. (Exhibit 10).

PENALTY:

On 712312008 Nina Davis @ Northwest Dairy Association stated that Bettencourt Dairy #1 Bam #2,is an, every day pick up. 'The milk pickup conducted at the Bettencourt Dairy #1 Barn #2 on ?/3/08 was 474,300

,; Ibs. The m~lb?xpric_e was_per-hundred wei_~ht; which equates to it total ·1:litiJ}.;, .: ; • : .

. ' .. t: .. -, .. - ( ' ...... ~ ~: ..... ,(.... ". f' _ ": .. , ."- ..... ' :".., _ .: •. ". , _ • _ _. '

EXIDBITS:

1. 3/3/08 Animal Industries Complaint Form
2. 3/3/08 Dairy Farm Waste Discharge Inspection Report
3. 3/3/08 Dairy Farm Waste Facility Inspection Report
4. 3/3/08 Dairy Farm Waste Facility Inspection Report
5. 3/3/08 ' Dairy Farm Waste Facility Inspection Report
6. 3/3/08 - .:.' 12 photos taken by Lynn Godfrey
7. 3/5/08, 4 photos taken by Lynn Godfrey
8. 3/6/08 Chain of Custody F onn
9. 3/17&21108 Magic Valley Labs Results
10. 4/8/08 Letter from Magic Valley Compost
11. 1106/09 Notice of Intended Penalty SUM:MARY:

On or before March 3. 2008, Bettencourt Dairy #1 Barn #2 discharged livestock waste beyond the property boundary on land owned or operated by Bettencourt Dairy #1 Bam #2 thereby violating Title 37, Chapter 4 and IDAPA 02.04.14 Rules Governing Dairy Waste.

~~

MARV PATTEN. CHIEF BUREAU OF DAIRYING

/ I, /01

Investigation Report

Luis Bettencourt !Bettencourt Dairy #1 Barn #2 Page 3

TATJE OF K

ARTMENT Of' AGRICULTURE

C.L. "BUTCH" OTTER Governor CELIA R. GOULD Director

January 6, 2009

CERTIFIED RECEIPT #7000 1670001371292284 RETURN RECEIPT REQUESTED

Luis Bettencourt

. Bettencourt Dairy #1 Barn #2 .PO Box 587

. Jerome , Id 83338

.RE: NOTICE; OFINTENDED PENALTY


Intended Action: This notice is to inform you that, pursuant' to Idaho Code, Title 37, Chapter 4, and IDAPA 02.04.14, Rules Governing Dairy Waste, the Idaho State Department of . ture intends to penalize the Bettencourt Dairy # 1 Barn #2 up to

Basis for Intended Action: A review of Idaho State Department of Agriculture records indicates that your facility discharged livestock waste on or before March 3, 2008.

Opportunity to Respond: You may respond to this Notice of Intended Penalty . in one of two ways:

1. You have the right toa formal administrative hearing, held in accordance with the Idaho Administrative Procedure Act, Title 67, Chapter 52, Idaho Code.

2. You may informally meet with ISDA to discuss the intended action. The ISDA Rules of Practice and Procedure encourage the use of informal proceedings, also known as a settlement meeting, to settle contested cases. Settlement meetings can be scheduled at the ISDA, 2270 Old Penitentiary Road, Boise, Idaho' 83712. The following representatives from the ISDA may be in attendance at the settlement

meeting: Administrator, Bureau Chief, Program Manager, 'and! or Investigator, and Deputy Attorney General. You may wish to be represented by legal counsel; however, you are not required to have an attorney present. At the settlement meeting, the ISDA will review the facts of your case, including any information you may wish to provide.

2270 Old Penitentiary Road • P.O. Box. 790· Boise, Idaho 83701 • (208) 332-8500· www.agrLidaho.gov

Bettencourt Dairy # 1 Barn #2 ,January 6,2009

Page 2

After reviewing the facts, the ISDA will discuss with you an appropriate course of action. If we cannot reach an agreement in the settlement meeting, you will still be afforded the opportunity for an administrative hearing.

Please respond to the ISDA and state your request for an administrative hearing, or a settlement meeting. Your written response must be sent to the ISDA in writing within 48 hours of receipt of this letter.

You may address your request to Mr. Marv Patten,Chief, Dairy Bureau, P.O. Box 790, Boise, Idaho 83701. You may also fax your request for an administrative hearing or a settlement meeting to the Dairy Bureau at (208) 334-4062. , If no response is received within the allotted time period, formal action may be initiated.

, ; .':

If you have any questions, please contact this office. at (208) 332-8550.'

Sincerely,

--m~?~

Marv Patten, Chief Dairy & CAFO Bureau

~(

lDAHO DEPAR.T1vIENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIRYlNG
PO BOX 790, B01SE 1D 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DAIRY NAl'vlEIOWI\'ERiADDRESSiCITY DATE: I / INSPECTION TYPE: REPEAT NON-COMPLl.AJ\'CE L
l/uJ 0 ROUTINE
I "'<:0"- , .. of:. TIME: , 0 FOLLOW-UP nMEFRAME:
# OF ANIMALS: 0 PRE-QUALIFYING
.. Fresh & Dry: i.~!ot! 0 QUALIFYING DISCHARGE: JNSPECTTON
C Replacements: '_"'1 0 O'fLllJR
s O COMPLAINT:
PLANT iPER MIT #: REVOKE MILK PERMIT
ADMTNISTRATIVE j-lEARlNG
A dairy farm waste facility inspection was conducted at your facllity on this date. Items found to be in non-cemptiance with IDAPA 02.04.14 are idcntilied below.
Please he aware thai repeal non-compliance items found to exist on the next inspection may be cause for revoearton of your permit "0 sell milk.
'" Remarks:
11 o "
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ITE M/DESCRJPTlON U zu
1. WASTE SYSTEM :,~ ~
#1"'1,"':>
a. Bam Waste Containment "._,_ -Iv be. '1,..J .. ./
T)'pe: -F 1(.)/1 $/. "
-r:- r: I. • Gv_
Freeboard: "
b. Corral/Facility Containment "" .. tr ...
0- A.//"", /V .. -JP /I
D ln-Corral o Pond
c. Sepa ra ti on S y stern ,..."., I -I. I;,.,. .r .. ,( II ,/ .,I,
d, Co n stru eli on Approved ;
e. Adequate Liquid Storage it ";-- f'\..G.., .. .$ -:z:.CJfIIII'~
f. Waste Facilities WeU Maintained
,.
g. Evidence of Past Discharge ~-
Gr~;" I /1, /. I /~
h. Animals Confined From Waterways I
2. "IUTRJENT MANAGEMENT ~, " c"... , rt"j''' /. .. ~ _- h- h /~
a. Nutrient Manngement Plan
I. Crop Rotation and Yield - a .... .. _ /"u,t I
. , y- Ay
. . , .t _ ....
2. Animal Numbers G~\,
I , ..I ~ h ...... // h-
3. Barn Water Use .", . . ..... / " ~ ..
4. Waste EXPOli ",. .j I;).c-
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c. Liquid Application - I t- r' ~ ... p'" " .I ~)I'
-.
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Idaho Ru les Governi ug Dairy Was te, lLJAP A 02.04. J 4 Slate that r.., r, ~ «z; rtt.- ..-
should a repeal iternfs) on non-compliance or if a significant C, ...
item(sj is found to exist on an inspection, a reinspection shall be .J.T!
required after the time deemed necessary to remedy the itemts) of
non-compliance. Any significant or repeal item(~) of non- /.1, r: ; t-- ".I ~,.
compliance found still existing at the time of the rcinspcction may rz: I ;tl".. ,.
call for revocation of your penni! to sell milk. If the permit has './',.-\
been revoked a rcinspcction will bc made when the department -"c. J . &,w ; -!J_ 4!' ,
has been notified that the problem/e) bas been corrected.
~
INSPECTOR SIGNATUR.E PRODUCER SIGNATURE
.. 04-08-.08 08:46 FROM-Bettencourt Dairy

From the Desk of; Rick Onaindia

208-536-6128

T-497 P001/002 F-339

Bettencourt Dairy 2930 S. 2300. E.

Wendell, ID 83355

Company: __ -:.:::.?l.;.......;..t~r,...:..fl_."'-z:: Lf~~;.....;':A!-;..;;....;;;.c7#z.,/ _

TO: --'-C!1_..,;;&?~k:.:;___~~~~~:::;...::.... _

Fax# J J r~ r;., 6 2_

Re:

------~-------------------------------------------

signed:_---c:;~__L__".J· ~::...,__ _ _::-_---- _ _=_ Date; !?,(pet

Office #208-535·6182 . Fax #208+536·6128 - Cell #208-280·2250 E· rna iI: [email protected]

IDAHO DEPARTMENT OF AGRICULTURE BUREAU OF DAIRYING

PO BOX 790, BOISE 10 83701-0790 (208)332-8550

DAlRY FARM WASTE FACILITY INSPECTION REPORT

DALRY NAMEiQWNEIVADDRESSICITY

DATE;

REPEAT NON-COMPLlANCE

L

INSPECTION TYPE: ~ ROUTINE

o f()LLOW"UP

[j PRE-QUALIFYING

o QUALIFYING

o OTHER

o COM1'LAINT:

TT"M:E:

# OF ANIMALS:

Fresh & Dry: _"",,""",~- '~)

Replacements:

TIME FRAlVlE:

mSCHARGE INSPECTION

PLANTfPERMlT If:

I REVOKE MILK PERMIT

ADM I.NI STRA TTVE HEARrNO

A dairy farm waste facility inspection was conducted at your facility on this date .. Items found to be in nen-enmpliance witlllDAP A 02.04.14 arc identified below. Please be aware that repeat non-complion~e hems found to exist on the next inspection may because for revocation of your permit 10 sell milk.

h. Corral/facility Containment

.,

ITE~/DESCR[PTION

'E

"

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E

o u

1. WASTE SYSTEM

5,

3. Bam Waste Containment

Type:

Freeboard:

o In-Corral D Pond


d. Construction Approved ' , If;

II-----------------+~·--~ ::0:"':




h. Animals Confined FTlJI1l Waterways

2. NUTRlE;"oIT MAi'llAGEMENT

a, Nutrient Management Plan

1. Crop Rotation and Yield

2. Animal Numbers

J. Bam Water Use

4. Waste Export

b, Record Keeping Current



Idaho Rules Governing Dairy Waste, lDAPA 02.04.14 state thai should a repeat ilem(~) on non-compliance or if a signi ficant itemtsjis found '0 exist on an Inspection, a rei uspecrion shall be required after the time deemed necessary to remedy the itcmts) of non-compliance Any signilicanl or repeal item(s) of noncompliance found still existing at the. time of the rcinspection may call For revocation of your permit 10 sell mi lk. If the permit has been revoked a reinspectron wi II be made when 1 he department has been notified that the problem(s) has been corrected,

Remarks:

,'"

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RECEIVED

MAR 3 1 7.008

DAIRY BUREAU

INSPECTOR SIGNATURE

PRODUCER SlGNATURE

-.

04-08-'08 08:46 FROM-Bettencourt Dairy

208-536-6128

T-497 P002/00~ ~-~~~

tI!lA

MAGIC VAlLEY COMPO~r

March 20,2008

Mr. luis Bettencourt 2930 S 2300E Wendell, 10 83355


On March 3, 2008, our company was notified that the loader work we were performing at your Bettencourt #1 Dairy was causing runoff water to enter the Irrigation canal. At the time our employee was cleaning & straightening the compost rows in the west compost yard. Our Investigation of this Incident Indicates that when the loader had to pass through the pond of water at the southeast corner of the compost yard, waves were created in the pond that splashed against the outside canal bank. Our operator said he was unaware that the water was going over the bank and Into the canal. As soon as we contacted the operator and told him of the problem, he stopped what he was dOing and proceeded to put dirt on the outside of the canal bank to stop any potential runoff.

It was determined that there used to be a berm between the pond and the canal to prevent runoff. Somehow duting the course of the last year that berm deteriorated to the point of being non .. existent in some spots. Our employees rebuilt the berm by the end of the day on March 3, 2008.

Luis, I assure you that Magic valley Compost takes full responsibility for any possible runoff that occurred from our activity in the west compost yard on that day. Our intention Is to provide you with our services at the highest level. This means we need to meet your expectations of performance by honoring your operational rules and the rules of any govemlng agencies. I am available for further discussion of this Incident as needed.

Sincerely,

CZy~

General Manager

RECEIVED APR 0 8 2008 DAIRY BUREAU

( E;iE;)

76 North 400 West • Jerome, Idaho B3338

www.magicvalleycompost.com

Office (208) 324·4536 • Fax (208) 324-4786

04-08-'08 08:46 FROM-Bettencourt Dairy

208-536-6128

T-497 P002/002 F-339

OBA

MAGIC VALLEY COMPo~1

March 20, 2008

Mr. Luis Bettencourt 2930 S 2300E Wenden, ID 83355


On March 3, 2008, our company was notified that the loader work we were performing at your Bettencourt #1 Dairy was causing runoff water to enter the Irrigation canal. At the time our employee was cleaning & straightening the compost rows In the west compost yard. Our InVestigation of this Incident Indicates that when the loader had to pass through the pond of water at the southeast corner of the compost yard, waves were created in the pond that splashed against the outside canal bank. Our operator said he was unaware that the water was going over the bank and Into the canal. As soon as we contacted the operator and told him of the problem, he stopped what he was doing and proceeded to put dirt on the outside of the canal bank to stop any potential runoff.

It was determined that there used to be a berm between the pond and the canal to prevent runoff. Somehow during the course of the last year that berm deteriorated to the point of being non-existent in some spots. OUf employees rebuilt the berm by the end of the day on March 3, 2008.

Luis, I assure you that Magic Valley Compost takes full responsibility for any possible runoff that occurred from our activity in the west compost yard on that day. Our intention Is to provide you with OUf services at the highest level. This means we need to meet your expectations of performance by honoring your operational rules and the rules of any governing agencies. I am available for further discussion of this Incident as needed.

Sincerely,

ClY~

General Manager

RECEIVED APR 0 8 2008 DAIRY BUREAU

76 North 400 West • Jerome, Idaho B3338

wwwmaglcvallevcornpost.corn

Offioo (.208) 324·4536 • Fax (208) 324·4786

ST A TIE OF IDAliO

DEPARTMENT Of' AGRICULTURE

C.L. "BUTCH" OTTER

Governor

CELIA R. GOULD

Director

March 20, 2008

Donna Pence

Via hand delivery

RE: Northside Canal Complaint

Dear Ms. Pence:

This letter is in response to your recent inquiries into a complaint received by the Idaho State Department of Agriculture ("ISDA") related to brown foaming water in the Northside Canal north of Wendell. The ISDA received this complaint on March 3, 2008, and sent Lynn Godfrey to investigate that same day. As part of the investigation, Mr. Godfrey has driven the canal road, made visual observations of fields along the canal where runoff may enter the canal, inspected all livestock facilities in the area with the potential to be causing the problem, contacted the complainant, contacted Gooding county, and contacted the Northside Canal Company.

The investigation process involves, among other things, gathering photographic evidence, eyewitness testimony and water samples. Once available evidence is gathered and laboratory results received a report is generated and a decision is made regarding potential violations ofIdaho law. The process typically takes approximately thirty (30) days to complete. This investigation is ongoing and the details are not yet available for public review. Once the investigation is complete the information will be made available to the public.

The ISDA considers wastewater discharge violations very serious and investigates these complaints, as with all others, thoroughly and completely. I appreciate your interest in this case. I expect the investigation to be complete the first part of ApriL I invite you to make a public records request at that time and the investigation report, photographs and laboratory samples will be made available.

Sincerely,

CJL7(JlJiJ

Celia R. Gould Director

Idaho State Department of Agriculture

2270 Old Penitentiary Road· P.O. Box 790' Boise, Idaho 83701' (208) 332-8500· www.agri.idaho.gov

IDAHO STATE DEPARTMENT OF AGRICULTURE - ANIMAL INDUSTRIES CASE INVESTIGATION FORM

IFOLLOW·UP CALLS MADE?:

I DYES DNO

IC OMPLETED BY:

I Lynn Godfrey

3/5/08

I called Northside Canal and was referred to Ted who is the ,manager of Northside Canal and asked ~im if he knew of any area on the Northside Canal where manure water was flowing into the canal. He told me that he did not know of any area where manure water was flowing into the canal. Ted told me that the discoloration was from runoff from fields flowing into the canal. Ted told me that if he found any areas where manure water was flowing into the canal or areas of concern that he would let me know.

3/5/0B

Loren Wert from Northside Canal Company returned my call and I told him that Leon Strickland had told me that he knew of an area on the canal where manure water was flowing into the canal. Loren told ~e that the manure was coming from fields that had been covered with manure. I told Loren that I had drove the canal from Wendell High School to North Rode north of Jerome and had not seen any fields that ~ad been covered with manure that had not been incorporated that were running into the canal. Loren I~old me that he did not know of any fields that had manure on top that had runoff flowing into the canal. Loren expressed concern that even though the manure had been incorporated into the fields that the runoff still had manure in it. I told Loren that if the manure had been incorporated into fields that it was not a violation; but if the field had received manure that had not been incorporated and the runoff flowed into the canal it was a violation, or if there where piles of manure or compost that had runoff flowing into the canal it was a violation. Loren told me that he would have a meeting with Northside Canal Company on 3/6/08 and get back with me if Northside Canal Company had concerns.

3/5/08

Samples of canal water where pulled from the Main Canal by Wendell High School and by 100 W north of Jerome; the samples had ice particles in them on 3/6/08 so they were not turned into the lab. New samples will be pulled on 3/6/08 and turned into Magic Valley Lab.

3/6/08

Samples of canal water where pulled from the Main Canal by Wendell High School and by 100 W north Jof Jerome; the samples ,were turned into Magic Valley Lab.

3/6/0B

Mike wiggs of ISDA and myself met with Ted the manager of Northside Canal Company and Loren Wert.

Discussed was the runoff from the fields that was flowing into the canal; from previous inspections all fields that had manure applied to them had been incorporated. Northside Canal Company stated that if they had any other concerns that they would contact ISDA.

Contact infor.mation

NorthSide Canal Company 20B-324-2319 Loren Wert

Gooding Planning and Zoning 208-934-5958

Magic Valley Labs, Inc. 210 Addison Ave Twin Falls 10 83301

RAW I SOURCE BACTERIA COUNTS

Analysis Requested

1 ~-: -Q-ta-' C~nIifg-::·~im'-

2 Fecal Coliform

3 ~

4 Standard Plate Count

cMPN/100MD MPN/10GML (J9!PN/100ML") MPN/1ML

CFU/100ML CFUI100ML CFUI100ML

sample # Date Time Location Depth Total Fecel e-1;oU SPC
Coliform Coliform
711616481 ~ l.t~2C;I A/~s-'~< /Zo...... GA-I 1'$6D </bO
p_- Au :".tA. .. .!-c11 H,'?-4 ~I
711616491 ~s ~~ .,..v_!;,"St:.tt ~ ...... c..".. ... -.{ ~bD ~ltf)
~, "==:"S'.L ~r ~ ... ea c.v
- .-~- - .-. /
.

-i

. I
i
Man Results To: Date & Time Received . ~/,{,/I1j>" 5i/4:;
Name lYnn-· Date Set Up 3\, Of) t ,
.
r ~ti ~.&g l 1\ /Date ~
Address Mlcroblologh.t !
City, State Zip Reviewed by '\j ~\ u> Date /
Contact Numbe( Reported by / Date I,

Receipt Temp: _

Chemistry #: ., O£~ - ~ v5"2f:_,

MAGIC VALLEY LABS 210 Addison Ave I PO Box 1867 Twin Falls 10 83303-1867

Phone: (208) 733-4250

Fax: (208) 734-2539

LYNN GODFREY

DEPT. OF AGI BUREAU OF DAIRYING

BOX 790 BOISE 10 83701

Collection Date 3/6/2008 Received Date 316/2008 Location

Collection Time 4:20 PM Received Time 5:15 PM NORTHSIDE PLAIN CANAL BY

WENDELL HIGH

Sample # Test I Method Code

Results in mg/L

Date Analyzed Analyst

<0.3

317/2008 JB

3113/2008 JB

808251 AMMON lAIN EPA350.1

808252 NITRATEIN EPA30Q.O

5.87

q

RECEIVED MAR 2 1 2008

DAIRY BUREAU

,:

Signature

Report Date: Wednesday, March 19,2008

MAGIC VALLEY LABS 210 Addison Ave I PO Box 1867 Twin Falls 10 83303·1867

Phone: (208) 7334250

Fax: (208) 734·2539

LYNN GODFREY


BOX 790 BOISE ID 83701

Collection Date 3/6/2008 Received Date 3/6J2008 Location ~rJ "i'"(

Collection Time 4:20 PM Received Time 5:15 PM NORTHSIDE MAIN CANAL BY

WENDELL HIGH SCHOOL


Results Units


711616481 TOTAL COLIFORM

711616482 E-COLI

8800 MPN/100ML

<100 MPN/100ML

3/10/2008 MW

3/1012008 MW

Signature

RECEIVED MAR 17 2008 DAIRY BUREAU

Jf1~ C:&~4)

v~e: Wednesday, March 12,2008

L. _

MAGIC VALLEY LABS 210 Addison Ave I PO Box 1867 Twin Falls ID 83303-1867

Phone: (208) 733-4250

Fax: (208) 734-2539

LYNN GODFREY


BOX 790 BOISE 10 83701

Collection Date 316/2008 Received Date 3/6/2008 Location

Collection Time 4:30 PM Received Time 5:15 PM NORTHSIDE MAIN CANAL EAST

OF200W


Results in mgfL


808261 AMMON lAIN EPA350.1

808262 NITRATEfN EPA300.0

4.78 0.64

3/7/2008 JB

3/13/2008 JB

RECEIVED MAR 2 1 2008

Signature



Phone: (208) 733-4250

Fax: (208) 734-2539

LYNN GODFREY


BOX 790

BOISE 10 83701

Collection Date 3/6/2008 Collection Time 4:30 PM

Received Date 3/6/2008 Location ~7If:;;~/ HI

Received Time 5:15 PM NORTHSIDE MAIN CANAL EAST

OF 200 W

Sample # Test J Method Code

Results Units



711616492 E-COLI

860 MPN/100ML

<100 MPN/100ML

3/10/2008 MW

3/10/2008 MW

Signature

RECEIVED MAR f I 2008 DAIRyaUREA!_; E\t-EL:T

q&L,~

~~ Magic Valley Labs, Inc.

~ 210 Addison Ave

:::::::... Twin Falls 10 83301

RAW I SOURCE BACTERIA COUNTS

Analysis Requested

1 , Q~- -g-ta~l C-:-olifo----~rm:>"'"

2 Fecal Coliform

3 ~

4 Standard Plate Count

(ijPN/10b}\1D MPN/100ML (MPN/1 aOML) MPN/1ML

CFU/100ML CFU/100ML CFU/100ML

SampJe# Date TIme Location Depth Total Fecal c-(;oli SPC
Coliform Coliform
711616481 ~ l.t:~ A/u,."",,>,<,<. /Z.. ...... .c...-) '!$6D <100
p ....... h ... ,t"...A.-.!~11 #/'"74. xt-I
711616491 ~8 ~:'Xl .It-'" ... ~A""~ ,/f..,'..... c.. ...... POI 9:bD ~1tX)
-~ __,:;. s;.,L d r 2>- ... 510 t..-...;'
- ,--, ---, -- --,_ /

- ...
I
i
Mall Results To: Date & Time Raceived ' ~/&/;JY ~/4?
Name 1Y11A-' Date Set Up 3 \"11 of) 7 ,
, r }_j,~g l t\ g/~
Address Microbiologist /Oate I
City, State Zip Reviewed by ~ ~\~1/ Date ,/
Contact Number Reported by / Date I,

Receipt Temp: _

Chemistry #: :9 O£Z~ - 'i os-:zL


Phone: (208) 733-4250

Fax: (208) 734-2539

LYNN GODFREY


BOX 790 BOISE 10 83701

Collection Date 3/6/2008 Received Date 3/6/2008 Location 7l""~r~1 ~ I

Collection Time 4:20 PM Received Time 5:15 PM NORTHSIDE MAIN CANAL BY

WENDELL HIGH SCHOOL


Results Units



711616482 E-COLI

8800 MPN/100ML

<100 MPN/100ML

3/10/2008 MW

3/10/2008 MW

RECEIVED .i'M R 1 I 20D8

Signature

MAGIC VALLEY LABS 210 Addison Ave I PO Box 1867 Twin Falls ID 83303-1867

Phone: (208)7334250

Fax: (208) 734-2539

LYNN GODFREY

DEPT. OF AGJ BUREAU OF DAIRYING

BOX 790 BOISE ID 83701

Collection Date 3/6/2008 Received Date 3/6/2008 Location

Collection Time 4:20 PM Received Time 5:15 PM NORTHSIDE PLAIN CANAL BY

WENDELL HIGH


Results in mg/L


808251 AMMONIAIN EPA35Q.l

808252 NITRATEIN EPA300.0

5.87 <0.3

3/7/2008 JB

3/13/2008 JB

RECEIVED

~-~~d


,

j.

Signature

MAGIC VALLEY LABS 210 Addison Ave I PO Box 1867 Twin Falls ID 83303~1867

Phone: (208) 733-4250

Fax: (208) 734~2539

LYNN GODFREY


BOX 790 BOISE 10 83701

Collection Date 3/6/2008 Collection Time 4:30 PM

Received Date Received Time

3/6/2008 Location ~d-.,{~,-,/ vI 5:15 PM NORTHSIDE MAIN CANAL EAST OF 200W


Results Units



711616492 E-COLI

860 MPN/100ML

<100 MPN/100ML

3/10/2008 MW

3/10/2008 MW

RECEIVED MAR J I 2008

DAIRY BUREA1,

Signature


Phone: (208) 733-4250

Fax: (208) 734-2539

LYNN GODFREY


BOX 790 BOISE 1083701

Collection Date 3/6/2008 Received Date 3/6/2008 Location

Collection Time 4:30 PM Received Time 5:15 PM NORTHSIDE MAIN CANAL EAST

OF 200 W

Sample # Test f Method Code

Results in mg/l


808261 AMMONIAIN EPA350_1

808262 NITRATEIN EPA300.0

4,78 0.64

3/7/2008 JB

3/13/2008 JB

RECE:IVED

DAIFiY CUEEAU

Signature


IDAHO .sTATE DEPARTMENT OF AGRICULTURE - ANIMAL INDUSTRIES CASE INVESTIGATION FORM

CSI ENVIRONMENTAL o MISCELLANEOUS

DURATION OF INCIDENT:

DATE INCIDENT OCCURRED:

TIME INCIDENT OCCURRED;

o ODOR

3/3/2008

color. The

CSlVES

DNO

DNO

I followed the canal from west of Wendell High School to North Road north of Jerome. The water that

s brown and discolored in the picture taken at the canal by Wendell High School is present in the cana North road north of Jerome. A picture was also taken east of 100 W north of Jerome. Following the anal from Wendell to Jerome there were several fields that have areas where runoff from the fields flowed into the canal or was flowing into the canal. None of the fields had manure on top of the fields. All fields that had manure applied to them had been incorporated.

3/3/08

There was evidence of past runoff from the compost yard by Bettencourt Dairy #1 which appeared to entered the canal; a discharge form was filled out and pictures taken. Berming had been provided on 3/3/08 to prevent further potential runoff from entering the canal.

Judy Davis from Gooding Planning and Zoning called me, (Lynn Godfrey) and told me that Leon trickland had concerns of manure water entering the Main Canal North of Wendell.

I called Judy Davis back and told her that I had tried to contact Mr. Strickland and bad not been to get a bold of him. I told Judy Davis that I had driven the canal on 3/3/08 and knew of no area manure water was entering the canal and that I would contact Mr. Strickland.

Pictures were taken of the main canal west of Wendell High School and at 100 W. Jerome. There wa till brown discoloration at both locations.

/5/08

I was able to contact Leon Strickland; he expressed concern that manure water was flowing into the anal and that Loren Wert from Northside Canal had told him that manure water was flowing into the

anal.

rtJA:HG- OEPARTM ENT OF AGRICULTURE BUREAU OF DAIRYING

PO BOX 790, BOISE 10 83701-0790 (208)332.8550

DAIRY FARM WASTE DISCHARGE INSPECTION REPORT

DAIRY NAMr '( 'WNER/ADDRESS/CITY

J~J/~ .... ~ .... , i3.F ..... '; I f"l.

"I.B 5"" $ "2:. '1.~ L

Date:

Time

ADM IN I STRA TIV E HEARING

DATE;

INSPECTION TYPE

REVOKE MILK PERMIT

TIME:

ROUTINE FOLLOW-UP I OTHER

lc;:I!t J &'~el It US[ if'

# OF ANIMALS ,-r ...

NO ACTION

Waste, IDAPA 02.04.l4 state that should a

Place of Discharge: Reason:

! Bam Waste Containment 'MJCINPle'.

! ¢1iljjlif adlity C'onfalnm!llOll> I Structural

! Land Application Mechanical

DESCRIBE DISCHARGE:

Outsideof'Containmem

~

Ground Water

Surface Water

Video Samples

~igl!1 fhnlt!!i.

Still Photos

Number of Samples:

Sampling Procedure:

-/1. .. /

Name of Laboratory:

Sampling Conducted By:

Samples Delivered To:

Date:

Time:

Temperature:

REceIVED M4R 11 2008 DAIRY BUREAU

Witnesses Involved

,

~,

Properties Involved I~IJ •• ~~~,J

1,,/ //...''7 c. ... I I~

Estimated Volume Discharged:

Duration of Discharge:

Estimated Time of Discharge:

Date(s) of Discharge

ORA WING AN D COMMENTS:

(EXHIBIT ) --=~~:


PO BOX 790, BOISE ID 83701-0790 (208)332-8550

DAIRY

Sf CITY

INSPECTION TYPE:

o ROUTINE

o FOLLOW-UP

o PRE-QUALIFYING

o QUALIFYING g OTHER ~~~~~~~~-~ 0 COMPLAINT:

DATE: ~ /3/0& TIME: /',4 .. '1

# OF ANIMALS:

~t".4./."<QV# I "'~'~.$I.C~ 2$$0 s 2:: 2~oo ~

• ~ ~I ~

l,...,/,e. .... c(: 'i


REPEAT NON-COMPLIANCE

A dairy farm waste facUlty inspection was conducted at your facility on thi!I Please be aware that repeat non-compliance Items found to exist on the next

ITEMIDESCRlPTION

1_ WASTE SYSTEM


Type:

Freeboard:

b. CorraI!Facility Containment

Din-Corral 0 Pond







2. NUTRIENT MANAGEMENT



·2. Animal Numbers

3. Bam Water Use

4. Waste Export


'" Remarks:
1 <.> '"
.§ j
Q. "'Z4
E = 8 o
0 ~8 '"
u is Yro'!_ ... ,
I" 0'''' ~C"..1 .,.~ _;-::>1,/
/-;/
""" .c ~./ .. "", ... /1 .... ~~-~- 'oS ... / c. Liquid Application


Idaho Rules Governing Dairy Waste, mAPA 02.04.14 stale that should II. repeal item(s) on non-compliance or if II. significant item( s) is found to exis I on an inspection, a reinspection shall be required after the time deemed necessary 10 remedy the item(s) of non-compliance. Any significant or repeat item(s) of noncompliance found still existing at the time of the reinspection may call for revocation of your penni I to sell milk. If the permit has been revoked a reinspection will be made when the department has been notified that the problem(s) has been corrected.

to be In non~ompllance

cause for revocation

,'/ .. .,I"' ........ , .... 'I!

, $

e:::: ... ..,1. '..,-

PRODUCER SIGNATURE

"'--

EXHI6lT

:3

"or ... ,

,. l

. !

.'

INSPECTOR


DA

REPEAT NON-CUMPLIANCE

i3 t.~.;HCo/\ C-.<:W ... I ,'"3- .... :;: I ~ 1.

Z"B:$.O s 2. Z.O v £

::rD

o o o o

~


ROUTINE FOLLOW-UP PRE-QUALlFYING QUALIFYING OTHER COMPLAlNT:

TIME FRAME:

A dairy farm waste facility inspection was conducted at your facility on this Please be aware that repeat non-compliance items found to e:dst on the next

ITEMJDESCRIPTION

1. WASTE SYSTEM

a Bam Waste Containment

Type:

Freeboard:


DIn-Corral 0 Pond




C, Waste Facilities Well Maintained






2. Animal Numbers

3. Barn Water Use

4. Waste Export




Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 slate that should a repeat item( s) on non-compliance or if a significan I

i tern( s) is found to eXIst on an inspection, a reinspection shall be required after the time deemed necessary to remedy the item(s) of non-compliance. Any significant or repeat item(s) of noncompliance found still existing at the time of the reinspection may call for revocation of your permit to sell milk. If the permit has been revoked a reinspection will be made when the department has been notified that the problemts) has been corrected.

to be In non-compliance cause for revocation of

Remarks:

~O-i"I .. ,.~ I

f;:--

c-~ _Ex_~..__IB_IT_)

.... ~ .

PRODUCER SIGNATURE


PO BOX 790, BOISE ID 83701·0790 (208)332·8550


DAIRY

7, II ? It:" .,. I;> 4"",,, ... (,..O'w'" ~ p.o. ... ! I ..

REPEAT NON-COMPLIANCE


DATE: 3/ !Vo 'S

TYPE: o ROUTINE

~ FOLLOW·UP

o PRE-QUALIFYING

o QUALIFYrNG

o OTIfER

o COMPLAINT:

TTh1E FRAME:

A dairy farm waste Please be aware

PLANTIPERMIT #: rft/() II~

-'"J"~~"'-- was conducted at your facility on this Items found to exist on the next

Remarks:

ITEMIDESCRIPTION

1. WASTE SYSTEM


Type:

Freeboard:


DIn-Corral 0 Pond









L Crop Rotation and Yield

2. Animal Numbers

3. Bam Water Use

4. Waste Export




Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that should a repeat item( 5) on non - compliance or if a si gnificant itemts) is found to exist on an inspection, a reinspection shall be required after the time deemed necessary to remedy the item( 5) of non-compliance. Any significant or repeat item(s) of noncompliance found still existing at the time of the reinspection may call for revocation of your permit to sell milk. If the permit has been revoked a reinspection will be made when the department has been notified that the problem( s) has been corrected.

~~"-;"j ~6-t be" .. /?i"& v,;,J.,. ,.J J-
G-u-ro'" y",. ... 1 -iG -t'.,.. S"v'(" -I toll
rQ,..vn- / "'_'.C I, t",,,,~," ~ '" r:_
~u'-P'$J .y#-.rA ,Ie" r s: 1"'0 !
d ... I, .. Go ...... I. INSPECTOR SIGNA~

RECEIVED MAR 11 2008

DAIRY BUREAU

~ IDAHO DEPARTMENT OF AGRICULTURE BUREAU OF DAlRY)NG

PO BOX 790, BOISE JD 83701-0790 (208)332-8550

DAIRY FARM: WASTE FACILITY INSPECTION REPORT

DAlRY NAME/OWNER) ADDRESS/CITY "(5 _-1-1, ..... ~ .... r ~ 13.~-$

2.""SO S 2.2.0.0 c

DATE: I

INSPECTION TYPE:

I:§I' ROUTrNE

[] FOLLOW-UP

o PRE-QUAUFYING

o QUALIFYING

o OTHER

o COMPLAINT:

REPEAT NON-COMPLiANCE

TIME; tt:"3 CI ,:>/"'1 1# OF ANIMALS:

TIME FRA:ME:


A dairy farm waste facility inspection was conducted at yeur facility on this date. Items found to be i.n non-compliance Please be aware that repeat nen-eompltaace items found to exist on the next inspection may be cause [or revocation of

ITEM/DESCRIPTION

1. WASTE SYSTEM

a. Barn Waste Containment

Type:

Freeboard:


o In-Corm I 0 Pond






h. Animals Cowed From Waterways

2.NUTruENTMANAGEMENT


l. Crop Rotation and Yield

2. Animal Numbers

3 .. Barn Water Use

4. Waste Export


.,

.~

,"E. = E o 0

Zu



Idaho Rules Governing Dairy Waste. IDAPA 02.04.14 state that should II repeat item(s) on non-compliance or if II significant itemts) is found to exist on an inspection, a reinspection shall be required after the time deemed necessary to remedy the itern(s) of non-compliance, Any significant or repeat item(s) of non-

comp liance found still existing at the time of the reinspect i on may call for revocation of your permit to sell milk. If the permit has been revoked a reinspection will be made when the department has been notified that the probJem(s) bas been corrected.

INSPECTOR

Remarks:

.;;;;. r 'I. i

,/

, ..

-

RECEIVED DEC G '.. I~UJJI OAIRy AlNR£J..I

PRODUCER SIGNATURE

R

IDAHO DEPARTMENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIRYING
(208)332-8550
DAIRY NAMEiOWNER/ADDRESSfCITY DATE: I /0"7 INSPECTION TYPE: REPEAT NON-C01vfPLlANCE L
0 ROUTINE
" I TTME: ,., 0 FOLLOW-UP TIME FRAJvfE:
'i'S" ... <s I L '# OF ANIMALS: 0 PRE-QUALIFYING
FreSh & Dry: I f:. 0 QUALlFY1NG DISCHARGE INSPECTION
'$ "t.. 'Z.ou t. Replacements: 0 OTHER
Z 50 q COMPLAINT:
PLANT/PERMIT #: (_ ----. REVOKE MILK PERMlT
ADMINISTRATIVE BEARING
A dairy farm waste facility inspection was conducted at your facility OJ! this dare:-..uemS'Jound to be in non-compliance with IDAPA 02_04_14 are identified below.
Please be aware that repeat lion-compliance items fuund to exist on the next inspection may be cause for revocation of your permit to sell milk,
0.> Remarks:
o 1\l,
E <1
:u .'" a
~ ""iO. ..<:
6 EO: '-'
'" 0 ':fJ!
lTEMJDESCRIPTION u zu Q La, " ....
; .... ; ,!) ~ c...-, ~ J
1. WASTE SYSTEM /
K<t" ....... "r L .. ) c,... .... o "'''~ t/'W ..... ~
8. Bam Waste Containment
Type: ,.:,;\> ",i;' fA, Q .... .! .. .J s ~«
,c','. ' t. $0-' ~(
'\ ." ii" ~
Freeboard: -:
'.- 1..." .. .£.,
b. Corral/Facility Containment J..c.\ ~_.Jt ... , .. ,
"t!~ ~
o In-Corral o Pond F-,i'.';', '~,{,:' '3 Or u.~ .....
d. Construction Approved ('If
e. Adequate Liquid Storage lL~- A..r. J
.;p , .fi"t bo:" ~!o.J bt' ~ ... Ie, .. ~,
f, Waste Facilities Well Maintained ':
g. Evidence of Pas I Discharge '>;~V--
2. NUTRIENT MANAGEMENT i·"! . ,: 'i;·
a, "Nutrient Management Plan 1 W~S4L e..Pr'·(~.f t, b.4'~'"
" " .J 'c
2. Animal Numbers IJ",~ '- ., ( ~( • r, .,:;vi ... ", S-'& c,-
3. Bam Water Use £ ?, u'
''P[,'''- ( - ... I /:Jr CJh I
: ,. I r
4. Waste Export
b. Record Keeping Current -i h.J ..... T,i')ti eAJ ~'"J'7 '-" I{
...
d. Solid Application Lvw 1 0 ...... I!> of - -i'cJ
, -L,,-, .~

Idaho Rules Governing Dairy Waste, lDAPA 02_04.14 state that ~~.:.u .....
should a repeat item(s) on non-compliance or if a significant RECeiVED
item(s) is found to exist on an inspection, II rcinspection shall be
required after me time deemed necessary to remedy the itenus) of
non-compliance. Any significant or repeal item(s) of non- MAR , o 2007
compliance found sti I! existing at the time of the reinspcction may
call for revocation of your permit to sell milk. lf'thc permit has
been revoked a rei nspection will be made when the department DAIRY BUREAU
has been notified that the problemts) has been corrected.
INSPECTOR SJGNATURE PRODUCER SIGNATURE .·.,'ni- .•• ,.

Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that

s houl d a repeat item( s) on non-compliance or if a signi fican t item(s) is found to exist 00 an inspection, a rcinspection shall be required after the time deemed necessary to remedy the item( s) of non-compliance. Any significant or repeat item(s) of noncompliance found still existing at the time of the reinspection may call for revocation of your permit to sell milk. If the penni! has been revoked a reinspection will be made when the department bas been notified that the problem(s) has been corrected.

IDAHO DEPARTtvlENT OF AGRICULTURE BUREAU OF DAIRYING

PO BOX 790, BOISE ID 83701-0790 (208)332-8550


DAIRYNAMEJOWNERIADDRESS/CITY DATE: "3./,. f I),

~L ~ r .', eo ...... 4 '~1:'.:4. ''''/lt~ \~" .... '£ I~~

~1t~o '$ "1,."t.o(;l> i t .... 1'.1 t :I:.\)

A dairy farm waste facility tnspecnon was conducted at your facility on this Please be aware that repeat ncn-compltancc items found to exist on the next

8 .~ ~}

o 0 zu

1. WASTE SYSTEM

1

8

ITEMIDESCRJPTlON


Type:

Freeboard:


DIn-Corral D Pond










2. Animal Numbers

3, Bam Water Use

4. Waste Export




TYPE:

ROUTINE FOLLOW-UP PRE-QUALIFYING QUALIFYING OTIlER COMPLAINT:

TlMEFRAME:

REPEAT NON-CO:MPLIANCE

Remarks:

L It?a~ro \ '5 e;.A

\(~ •.. , ... 04 ., L",.!t"".,-..

c:...-~f','.!/ .

, ..... ·S 0 \;~. Ff~,-,,. c1

or

RECEElveo MAR 2 0 2007 DAIRY BUREAU

,".

PRODUCER SIGNATURE

...

,.,

IDAHO DEPARTMENT OF AGRJCUl,TUItE DAIRY FARM WASTE
BUREAU OF DAIRYJNG
(208)332-8550
DAlR Y NAM E/OWNERI ADDRESS/CITY DATE: II· I> . 0(.. INSPECTION TYPE: REP EAT NON-COMPLIANCE L
LJ ROUTINE
, .... c .... ( I /.J - TIME: • 0 FOLLOW-UP
TIME FRAME:
- 10 4 #OF ANL\1Ai.!S: 0 PLlli-Q UALLFY ING
~ D
Fresh & Dry: ! gl" 0 QUALIfYING DISCHARGE INSPECTION
- 'b Re place men ts: _ ~ 0 OTHER
.j f -" 0 COMPLAlNT: REVOKE MILK PER.MIT
~ PLANT/PERM!T if:
• , AD.MJNISTkATIVE lIEARlNG
A dairy farm waste facility inspection was conducted at your ra~ility on j'his dale. I terns found to be in nnn-compllancc with IDAPA 02.04.14 are idearifled below.
Please be aware that repeal non-compliance items found to exist on the nell inspection may be cause for revocation of your permit to sell milk.
i Remarks:
15 "
'5 .~ ~ ~J
r= 'E. .<: M&\.. - \e..~OO_1j. ; 7~
r= § g ~ Co.f .. r~'D"IC ,
(> is ,
ITEM/DESCRLPTION o :Z:>J ~ .
I. WASTE SYSTEM ';IL r\* . ~~ :Ii c ",~ ... {
TYPQ: ~& -"Z:- ,j
:_L
Freeboard: i~; "' PI' . ... '" '" ... \ e to ...... \... _.-" - ~
f-$:" ?, J L \ 6~.J
b. Corral/Faciliry Containment
e - \ \ a fl.'" ( <. -elk C • \ -
D In-Corral DP,md . ~. 'if 1 \u(
.} ff_ ,e..so::,..p {C; "'- .. _ \
c. Separation System I~ <Sf" S 5. ",,"," .. __ \. '-r-,\·j \'--,
. ~«'" w,_ ... > I
d. Construction Approved :WW<!d (_ 0. \~l I,. ~ .. '-
e. Adequate Liquid Storage 1- \ lit.. "'_
.
. # ).
r. Waste Frrcilitie'i Well Maintained ;<",. ",\ 3-')". at.).
: ,!:. ( ~
g. Evidence of Past Discharge :g" ..
h. Animals Confined From Waterways u-t ~ V \ {,. ~ (
2. NUTRIENT MA.~AGEMENT ., 'lII '-0 -n' \ \'0_
It E\ .'_ ~ •
: ~¥1!'j ....
a. Nutrient Management Plan \11'" (.\ (0 ...... \ ,._ ._\ \o,,_l \"
I. Crop Rotation and Yield A ;.; •. ,. f' ...... -
'@'. -
2. Animal Numbers , . ((
:4 es<; . ...)(
3. Bam Water Use
4. Waste Export w '~?
.,
b. Record Keeping Curren I :.'"If. ,1'1
Idaho Rules Governing Dairy Waste, IDAPA 02_04.14 stare that lilSCelVfJD
should a repeal itemts) on non-compliance or if a significant
item(s) is found to exist On an inspection, a reinspection shall be NOV 2 n 2006
required after the time deemed necessary to remedy the itcmfs) of
non-compliance. Any significant or repeal itenus) of non-
compliance found still existing at the time of tbe reinspeeiion may DAIRy f:JU"
call for revocation of your permit to sell milk. If the permit has
been revoked a reinspecticn will be made when tJ1C departrnen t '=AU
has been notified that the, problemts) has been corrected.
INSPECTOR, SIGN ATORa PRODUCER SIGNATUru; .
, IDAHO DEPARTMENT OF AGRlCULTURE BUREAU OF DAlRYING

PO BOX 790, BOISE ill 83701-0790 (208)332-8550

DAIRY NAME/OWNERlADDRESSICIT.Y

I

I

c

ITEM/DESCRIPTlON

J. WASTE SYSTEM


Type:

Freeboard:

b. Corral/Facil ity Contai runent

DIn-Corral 0 Pond




[ Waste Facilities Well Maintained

g. Evidence of Pas! Discharge


2. NUTRJENT MANAGEMENT



2. Animal Numbers

3. Bam Waler Use

4. Waste Export




Idaho Rules Governing Dairy Waste, mAPA 02.04.14 stale that Should a repeat item{s) on non-compliance or ira significant iternfs) is found to exist on an inspection, a reinspection shall be required after the time deemed necessary 10 remedy the iterrus) or non-compliance. Any significant or repeal itemts) of noncompliance found still existing ill the lime of the reinspection may call for revocation of your permit to sell milk, If the permit has been revoked a rcinspection will be made when the department has been notified that the problernt' s) has been corrected.


ROUTlNE FOLLOW-UP PRE-QUAUFYING QUALIFYING OTHER COMPLAINT:

TIME FRAME:

REPEAT NON-Co.MPLlANCE

Remarks:

\1..

0' <. \J{ (Q.i\\\'f ~~

~~~ W ~ 1~ J

INSPECTOR SIGNATURE

PRODUCER SIGNATURE

IDAHO DEPARTMENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIRYING
PO BOX 790. BOISE ro !l3701-0790 FACILITY INSPECTION REPORT
(208)332-8550
,
DAlRY NAJvlE10WNERJADDRESS/CITY DATE: , '/I / ,- INSPECfrON TYPE: REPEAT NON-COMPLIANCE L
0 ROUTINE
{I ;.I , 7 t: TIME: 0 FOLLOW· UP TfME"FRAME:
f D PRE-QUALlFYlNG
" t: #OFAN.LMALS: ~f h D QUALJFYlNG DlSCHARGE INSPECTION
D OTHER
i, ho PLANTIPERMTTI#. D COMPLAINT: REVOKE MILK PERMIT
I
ADMINISTRATIVE HEARING
A dairy farm waste facility Inspection was conducted at your facility on this dale. Items found to be in non-compliance with IDAPA 02.04.14 are identified below,
Please be aware that repeat non-compliance items found to exist on the next inspection may he cause for revocation of your permit to sell milk.
I Remarks;
"
'-J "
" r::
.::2 OJ;
:Jl 2 -L
§ 1::. .0
C I: o '" f
v. v r
TTEMJDESCRJPTION 0 o 0 is
u zu
:c:'} Iii'; !:.'.,;;'.:. I {.
1. \~I ASTE SYSTEM ";/,:: k:X/" r. • l ,
a. Bam Waste Containment h I J
~;E'~:j, s;,li;l iiii~. L. I
Type: " .,
Freeboard: ; ,' .... /} 'h , \- \ , " I
i
b. Corral/Facility Conrainment I
Din-Corral D Pond .~ .. -. , O"\JJ
• )
d. Con, tructi 011 Appro ved ",' J I /
d I (
g. Evidence of Past Di schargc
h. Animals Confiued From Waterways
2. NUTRIENT Mt\ 't\GEMENT . ;
2. Animal Numbers
""
.,
3. Barn Water Use ,';'
4. Waste Export h)::,
h. Record Keeping Current .. (
RECEIVED
Idaho Rules Governing Dairy Waste.lDAPA (J1_04.14 stale that
should a repeal itemis) on non-compliance ur ifa significant NO 2 2 2005
itenus) is found to exist on an inspection, a reinspection shall he
required after the time deemed necessary to remedy the itemts) of
non-compl i ance. Any significant or repeal itcrrus) or non- DAIRY BUREAU
compliance found still existing at the time of the reinspection may
call f!)r revocation of your penni t to sell mi Ik. I r the permit has
been revoked a reinspecticn will be made when the department
has been notified that the problem(s) has been corrected.
I INSPECTOR SIGNATU; - I PRODLiCER SIGN A TORE I
.! IDAHO DEPARTMENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIllY1NO
PO BOX 790, BOISE ill 8370L-0790 FACILITY INSPECTION REPORT
(ZOtl)332-8550 .1
UAJRY NAMFJOWNER/ ADDRESS/CITY DATE: '1J (l/c lNSPEcnON TYPE: REPEA T NON-COMPUANCE L
B ROUTINE
I L TiME: I FOLLOW, UP TIME FRAME:
;l yrr 0 PRE-QUALIFYING
~ <.. JtOFA~: 0 QUAL1FYING DISCHARGE JNSPEcnON
0 OTHER
1(;P PLANTIPERMi1' #: 0 COM"PLA INT: REVOKE M[LK PERMIT
ADMlNISTRA TTVE HEARlNG
A dairy farm waste facility inspection was conducted at your facility on this date. Items found to be in non-compliance with IDAPA 02.04.14 are identlfled below.
Please be aware thai repeal non-compliance items found to exist on the next inspection may be cause for revocation of your permit to sell mi.lk.
" Remarks:
1:l u "
a "0 ii
" ~ ... -I
~ "
-"
'" E u
ITEMIDESCRIPTION o 0 is
u zu
WASTE SYSTEM ~ i "
I. ;
a. Bam Waste Containment " ~ I I l'I (J
Type: , ',.
1 J 'h 1
Freeboard: " .... ~,.
Din-Corral o Pond f1'
,00
d. Construcuon Approved -""',
e. Adequate Liquid Storage ,
g. Evidence of Past Discharge ~
2. NlJTRillNl' MANAGEMENT
a. Nutrient Management Plan ~I P' h btu,o. ~
I. Crop Rotation and Yield ~ ~
2. Animal Numbers r )
1 )
3. Barn Water Use
4. Waste Export till
h. Record Keeping Current
c. Liquid Applica lion
,J_ Solid Application
Idaho Rules Governing Dairy Waste,IDAPA 02.04.14 state that RECEIVED
should a repeat itemts) on non-compliance or if a significant 2 5
ilem(s) is found to exist 011 an inspection, a reinspection _,hall be JUL 2005
required after the lime deemed necessary to remedy the irernts) of
non-compliance. Any significant or repeat iternfs) of 110n- DAIRY BUREAU
compl iance found ~Lill existing at the Li me of the reinspection may
call Ior' revocation of your permit to sell mille If the permit has
been revoked a reinspccuon will he 111~de when the deparunent ,
has been notified that the prohlernfs) has been corrected
INSPECTOR SlGNATURE PRODUCER SIGNATURE
I ~~========================================~

IDAHO DEPARTMENT OF A G1UCUL TIJRE

BUREAU OF DAffiYING PO BOX 790, EO I S B ID 8370 I -0790 (208)332-8550


DAIRY NAMElO'W'NERJ ADDRESS/CITY

TTh1E:

REPEAT NON-COMPLIANCE L TIME FRAME:

DATE:

INSPECTION TYPE:

o ROUTINE

o FOLLOW-UP

o PRE-QUALIFYING

o QUALIFYING

o OTHER

o COMPLAINT:

REVOKE MILK PERMIT


# OF f\NlMALS:

, l'

PLANT/PERMIT #: ~ ,v,H;J r

ADM1N[STRATIVE HEARING

A dairy rarm waste facility inspection was conducted at YOIlT facility on this date. Items found to be in non-compliance with IDAI'A 02.04.14 are identified below. Please be aware tblll repeat non-compliance items foond to exist on the next inspection may be cause for revocation or YflUf permiilo sell milk.

ITEMID&"JCIUPTION

1. WASTE SYSTElV1

Remarks:

U. Burn Wu,(e Comainrnent

Type:

Freeboard:

b. Corra IfF,ICi lily Containment

o In-Corral 0 Pond



REceIVEr MAR 2 1 ZOG DAIRY BUREAU


f. Waste Fa6lilie~ Well Maintained

g. Evidence 01 Past Discharge





2. Animal Numbers

3, Barn Water Usc

4, Waste Export



I

u. Solid Application

Idaho Rules Governing Dairy Waste. lDAPA 02.04.14 state that shoe ld a repeat itern(~) 011 non-compl iance or if a significant

i tem(s) is found to exist on an i nspectiou, a reinspection shall be required after the lime deemed necessary to remedy the ilem(s) of non-compliance. Any sign ificaru or repeat i rernrs) of noncompliance found still existing at the time of the reinspection may call lor revocation of your permit to sell mi lie If the permit has been revoked a reinspecrion will be made when the dcpartrucnt has been nol i lied that I he problem(s) has been corrected.

_,

INS PECTOR S[GNA TlJ RE

PRODUCER SIGNATURE

lDAHO DEPARTMENT or AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAlRYING
PO BOX 790, BOISE ro 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DAIRY N AMEIOWNERI A DDRESS/CITY DATE~ 1-,.$- OLf INSPECTION TYPE: REPEAT NON-COMPLIANCE L
Z 8 ROUTINE
I ~ TiME: '" rY1 FOLLOW-UP
0 PRE-QUAL] FYING TIM.E FRAME:
50 .s 2200 (; # OF ANIMALS: I\. I 0 QUAliFYING DJSCHA RG E J NSPECTION
0 OTHER
cit 0 PLANTiPERMlT #: I 0 COMPLAINT: REVOKE MILK PERMIT
f').. ......
J ADM1NfSTRAT1VE HEARING
A dairy f:lrm waste raeilily inspection was conducted at your facility on this date. Items found to be in non-compliance with lllAPA 02.04.14 are identitled below.
Please be aware that repeal non-comphance items fOUnd to cxi~1 on the next inspection may be cause for revocation oryour permit tn ~elJ milk.
" Remarks:
;:: " "
.~ ""
III 1;1
E § "§. ~ j.,~
E '" I
ITEMfDESCRlP'fj ON 8 0 is
zu
1. WASTE SYSTEM /:' "'lilt, pv ~ )"-4'
,I. Bam Waste Coruainrneru ~k I~
'~\jlThOn ~ ph "I( ~ I 1 ( , I ~
Type: %
Freebourd: I se " ii))
Lz.e., ,
b. Corral/Faci lity Contain mcnt r "
0 ln~CnlTaI [j Pond ':iii I,~:~
c. Separation System n Wo l Gh W..u r,
"'Z ')\ dA j~
d. Construction A ppm ved ,ldi 4
'" )
e. Adequate Liquid Storage 1m'
f. Wa~te Facilities Well Maintained i~ n d-'
g. Evidence of 1'",1 Discharge lri
1\ Animals Confined From Waterways
,'" ,"'" if'"
2. NUTRJENT MANAGEMENT It,
a, Nutrient Management Plan "4'
I. Crop Rotation nnd Yield %
~' 'to
2. Animal Number"
",
3. Barn Water U~e >1l s,
l'
,.
4, Waste Export ~li
!1~.'
b. Record Keeping Current ,<
c. Liquid Application RECEIVED
JUL 1 9 2004
Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that DAIRY BUREAU
shou III a repeat iternts) 011 non-cornpl iance or if a ~ign rficant
irernrs) is found 1(1 ex-isl nil ~I) inspection, a reinspectien shall be
required after the Dille deemed necessary 10 remedy the iternts) of
non-compliance, Any significant or repeat itcm(s) of non-
compliance found sri 11 ex isting at the ti me of tho, reinspection may
call fur revocation of your perm ill" sell milk. If the permit has
been revoked a rei nspection will I)", made when the department
has been noli ned thai the problerrns) has been corrected.
INSPECTOR SIGNATURE PRODUCER SIGNATURE fDAHO DEPARTMENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU Or- DAIR YING
PO BOX 790, BOIS E ill 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DArRY NAME/OWNER/ADDRESS/CITY DATE: , INSPECTION TYPE: REPEAT NON-COMPLIANCE L
0 ROUTINE
r TIME: M 0 FOLLOW-UP TlMEFRAME!:
0 PRE-Q(]AL] FYING
# OF AN[MALS: ILl 1 0 QUALIFYING DlSCHARGE INSPECTION
0 OTHER
PLANTIPERMlT #: 0 COMPLAINT: REVOKE 1\.ULK PERMIT
ADMINISTRATIVE HEARING
A dairy farm waste. facility lnspeetlon was conducted at your facility Oil Ihis dale. Items found tQ be in non-compliance with IDAPA 02.04.14 are identified below.
Please be aware that repeat non-compllance items found to exist Oil tbe next inspection may be cause for revocation of your permit tu sell milk.
" Remarks:
:J ..,
!:i '"
~ Q"
~ :::l ;; -La "I
d: c, ..::: d
S u
0 0 0 '"
1TEI\V[)ESCRIPTTON U ZU a
1. WASTE SYSTEM ;.;,-!;';' !.;·j~TI ·\'fI,;. \
Type: h"~, ""~"~
.... 'iF .
(","
Freeboard: .;.j
0 In-Corral Orond y)., <c; ... < [f'.~:1
.: .. ' ,'" .
c. Separa tion S y" te m I
, " ~ 'I
d. Construction Approved ~!;y~
e. Adequate Liquid Storage .:~;
"i$'
f. Ww;te FaciliLies Well Maintained ':.;lllt
.. : .. i
g, Evidence of Past Discharge ':;.;ttt * , , (
h. Animals Confined From Waterway,
2. NUTRIENT MANAGEMJ<~NT V f'w ·.:%1~r ,
pi
C~L I 11'1
a. Nutrient Management Plan \ Ie
I, Crop Rotation and Yield >
'0,>,
2, Animal Numbers ~
3. Barn Water Use
4. Wa;te Export .• i;;:j:
)-;"
b. Record Keeping Current ~?'sfS
d. Sulid Application RECEIVED
FEB 0 2 200~
Idaho Rules Governing Dairy Waste, JDAPA 02.04.14 state that
should a repeat itemts) on non-compliance I;Ir if a significant DAIRY BUREAU
: iL"m(S) is found to exist 00 aJ1 inspection. a reinspecuon shan be
I required after the lime deemed necessary LO remedy the irenns) of
OOll-CO nrp I iance, Any signi ficaru or repeat item(s) of non-
compliance found still existing at the lime of the reinspection may
call for revocation of your permit to sell milk. If the permit has
been revoked a rcinspcction will be made when the department
has been nOli tied that UlC problemts) has been corrected.
INSPECTOR SIGNA TURE PRODUCER SfGNATURE
, DlSCHARGE INSPECTJON

IDAHO DEPARTMENT AGRICULTURE

BUREAU OP DAlR YING

PO BOX 790, BOISE ID 83701-0790 (208)332-8550


DAIRY NAME/OWNER! ADDRESS/CITY

DATE:

REPEAT NON-CO.MPUANCE

TIMB:

/PERMIT#:

INSPECTION TYPE: n ROUTINE

o FOLWW-UP

o PRE-QUALIFYING

o QUALIFYING

o OTHER

o COMPLAINT:

TIMEE'RAME:

# OF ANIMALS:

REVOKE MILK PERMIT

ADMINlSTRA TlVE HEARING

Din-Corral 0 Pond

found to be in non-compliance with IDAPA 0"2.04.14 are identified below. may be cause ror revocation of your permit to se,ll milk.

A dairy farm waste facility inspection was conducted at your facility on this Please be aware tlmt repeat non-compliance items found to exist on the next i

In~M/DESCRJ I)'HON

1. WASTE SYSTEM

a. Bum Waste Containment

Type:

Freeboard:





f. Waste Facilities WeJl Maintained

g. Evidence of P~~! Discharge


2. NUTRIENT MANA GEr.-lENT

a. Nutrient Management Pl:1l1
2. Animal Numbers
3. Bam WlILer U<e
4. Waste Export
d. Solid Appl ication RECEIVED

Idaho Rule, Governing Dairy Waste, IDAPA 02.04.14 state that should a repeal iterrus) on non-compliance or if a signi ficant itemts) is found to exist on an inspectiori.a reinspeetion shall be reqni red after the lime deemed necessary to remedy the itemrs) of non-compliance. Any sigru ficant or repent itemts) of noncompliance found still existing at the time of the reinspecricn may call for revocation of' your permit to sell mi Ik. If the permit has been revoked a reinspection will be made when the department has been notified that the problemrs) has been Corrected.

SEP 1 5 2003

DAIRY BUREAU

lNSPECTOR SIGNATURE

PRODUCER SIGNATURE


PO BOX 790, BOISE ill 83701-0790 (208)332-8550


LRY NAME/OWN

m~ ... ~'''''''' was conducted at your facility on this date. non-compliance Items found to exist on the next inspection

Remarks:

A dairy farm waste Please be a W3 re tha

ITEMfDESCRIPTION

., u c:::

"

,=1

o " zu

r. WASTEsYsn~M

H. Barn Waste Containment

Type:

Freeboard:


o In-Corral D Pond






h. Anlrnals Confined From Waterway"




2. Animal Numbers

3. Barn Water Use

4. Waste Export




Idaho Rules Governing Dairy Waste, IDAPA 02_04_14 state that should a repeal itcrrus) on non-compliance or if a significant iierrus) is found to exist on an inspection, a reinspection shall be required after the time deemed necessary to remedy the itenus) of Don-compliance. Any significant or repeat iternts) of noncompliance found still existing at the ti me of the reinspection may call for revocation of your permit to sell milk. IT the penni l has been revoked a reinspection will be made when the department

h as been 0 oli [ied th a 1 lb e prob I mil (s) has bee n corrected,

DATE:

TIME:

.3

ADMINlSTRA TlVE HEARING

JNSPECTJON TYPE: o ROUTINE

:0 FOLLOW-UP

o PRE-QUALIFYiNG '0 QUAUFYfNG

o OTHER

o COMPLAINT:

REVOKE MTLK PERM1T

REPEAT NON-COMPLIANCE:

TIME FRAME:


are idcntilied below.

nd to be in nnn-comphance with be cause for revocation ofyourpcrmit

1

L

RECEIVED JUN n 2 200l DAIRY BUREA I

INSPECTOR SIGNATURE

PRODUCER SlGNA TURE

Feb-26-03 OS:Ssp ISDA/TWIN FALLS

20B 736 47BO

P_02

ENGINEERING SERVICES

IDAHO SOIL

IDAHO STATE DEPARTMENT OF AGRICULTURE

CONSERVATION COMMISSION

February 26, 2003

RECEIVED FEB 2 7 2003 DAIRY BUREAU

Luis Bettencourt 2850 S. 2300 E. Wendell. ID 83355

Dear Mr. Bettencourt,

This letter is in regards to your nutrient management plan (NMP) submitted to Idaho State Department of Agriculture (lSDA) dated 7/29/02 for the heifer lot expansion at your Wendell dairy.

There arc some formatting errors and there was no discussion of runoff for this lot. A review of your Dairy NMP shows that you have adequate containment capacity at the existing dairy for this expansion. An updated sizing and containment summary will need to be included in either the heifer lot NMP or the dairy NMP. A letter is being sent to Tremblay Consulting that outlines the formatting errors that need 10 be addressed.

The NMP is approved with the following conditions.

• Update the Dairy or Heifer NMP with a new sizing and containment summary

• Fix the formatting issues

ISDA will insure that this facility meets State and Federal requirements for nutrient management and waste containment before the facility can be occupied.

Any questions or concerns can be directed to myself at 736-3042 or the Boise office at 332-8605.

Matthew W Thompson. PE ISDA Engineer

cc. Rob Williams, Attorney

Marv Patten, Dairy Bureau Chief Tami Frank. Dairy Inspector Montessa Young. ISDA Engineer

"5etving. consu.mers ai"KI agriculture by saifeguardlng ttie pUbliC; plants, animals and the environment through education and regulation."

ISDAEllgineering Services. PO Box 790. Boise, [D 8370 I- (208) 332-8665 • (2lI8) 334-3637 (Fax)

Paee I of I

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

1200 Sixth Avenue

Seattle, Washington 98101

Reply To

Attn Of: OW-130

May 27, 2002

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Luis M. Bettencourt Bettencourt Dairy #1 2841 South 2300 East Jerome, Idaho 83338


The U.S. Environmental Agency (EPA) has reviewed your Notice of Intent application to be covered by the National Pollutant Discharge Elimination System (NPDES) general permit for Concentrated Animal Feeding Operations (CAFOs) in Idaho. The facility, "Bettencourt Dairy #1 ", located at 2860 South 2300 East in Wendell, Idaho is covered by this general permit and is identified by the following NPDES permit number: IDG-0101S4. Please use this permit number in all future correspondence and reports to the agency. Enclosed is a copy of the signed final permit and a formal response to connnents received from the public concerning different permit issues.

Please note that the general permit includes requirements for best management practices (BMPs) specified in the Idaho Waste Management Guidelines for Confined Feeding Operations and permit condition II.B. These requirements include restricting animals confined on the facility from surface waters (e. g. rivers, streams or other waters of the United States) and the application of wastewater and manure at agronomic rates for the crops grown on the land application site.

If you have any questions regarding tills letter or the general permit for CAPOs, please do not hesitate to contact David Domingo of my staff at (206) 553-0531.

Sincerely, ...

/f~~_J~

~ Robert R. Robichaud, Janager T- NPDES Permits Unit

Enclosures

cc: Marv Patten - Idaho State Department of Agriculture Dave Mabe - Idaho Department of Environmental Quality Robert Williams - Fredericksen, Williams and Meservy

C) Prfnted on Recycled Paper

1

IDAHO DEPARTMENTOP AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIRYfNG
(208)332-8550
DAIRY NAME/OWNERIADPR:S.~CIT~ DATE: 3-' -ocol INSPEC'TJON TYPE: REPEAT NON-COMPLIANCE L
I~' J , I .Jr ! r..&QIJII~lD
)JOOE.! ~4-- TIME: 9 o t)J'h..,.... ! FOLLOW-UP TIME FRAME:
?SO >. ! PR.I:.-QUALIFYING
# OF ANIMAl"": .- ,).;) ! QUALIFYING DISCI lARGE INSPECTION
£r ...J
t Ie-«! e,( L- 23355 PLANT/PERMIT #: IL( I OTHER
! COMPLAINT: REVOKE MLLK PERMlT
;t1 Vu..fl' ADM INlSTRA nVE HEARfNG
A dairy farm waste facility inspection was conducted at your facility on this date. items found to be in non-compliance with IDAPA 02.04.14 are identified
below. Please be aware that repeat non-compliance items found to exist on the next .... I'~~ .. v .. may be cause for revocation ufyour permit to sell milk.
" Remarks:
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ITEMIDESCRIPTION U Zl..
1. WASTE SYSTEM
Type: /110) ~"ubL£7n.J fJt:rl' eJ ..d 0rrJL o~
Freeboard: ··.·,.i,· .. Ii!K"'fW +18& -
b. Corral/Facility Containment .-!-:r..u jJ~ c t· .. ,_.J
DIn-CoITal O'Pond
d (on51111CIIOll Approved
e Adequate L Iq~II(J Storage
Lc
o.
I' Waste Fac.hues Well Maintamed Y
g. Evidence of Past Discharge ,;" -
."
h. Animals Confined from Waterways
2. NUTRIENT MANAGEMENT ~
a Nutrient Management Plan
2. Animal Numbers
3 Bam Water Use
4. Waste Export i";.
h. Record Keepmg Current ~
d Solid Application
Idaho Rules Governi ng Dairy Waste, J DAPA 02.04.14 state that RECEIVE[
should a repeal iterrus) on non-compliance or if a significant
itcrnts) is found to exist on an inspection, a reinspection shall be
required after the time deemed necessary 10 remedy the item(s) of MAR 1 1 2002
non-compliance. Any significant or repeat itcm(s) ofnon-
compliance found still existing at the lime of the reinspection DAIRY BUAf:A
may call for revocation of your permit to sell milk. If the penni I
has been revoked a reinspection will be made when the
department has been notified that the problernts) has been
corrected.
'" /
INSPECTOR SIGNATURE / /' /' PRODUCER SIGNATURE
, ,,. _, I
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S('0
IDAHO DEpARTMENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIRYING
PO BOX 790, BOISE!D 83701 ·0790 FACILITY INSPECTION REPORT
(208)332-8550
DAIRY NAM EiOWNER! ADDR~SS!C ITY DATE: 'I ~5"c>f INSPECTIDN 'Q'T'E REPEAT NON-COM PLlANCE L
. - '
e- L,~ '/7 ;-)J_ ! RQUJ.!l::!_E ,
. __ .J/- TIME: :J . {/ ':i Pm ! FOLLOW-UP TIME FRAME:
bSd ....J.. d.JO,", e - I PRE·QUAUfY[NG
# OF ANIMALS: • _:""i.h 'it ." \! QUALIFYING DlSCHARGE rNSPECTION
I,)IJtJJ alL .:z_,j tlJ~~ P I_ANT/P ERM IT #: ! OTHER
IlL( ! COMPLAINT: REVOKE MLLK PERMIT
,.1V!l(l,\ ADMINISTRATIVE HEARING
A dairy ra rm waste fa cility lnspeetlon was conducted at you r facility 011 this date, Items fOD nd to be in no n-eomplia nee with [DAPA 02_04_14 are identified
below. Please be aware that repeat non-complia nee items fou ",I to nisI Oil the next lnspectlon may be cause for revocauon 0 r your permit 10 sell mil k,
'" Remarks;
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ITEMIDESCRIPTION Zv
i. WASTE SYSTEM /Vo //.:J~LIJ_""'j J - c_,.L
".v.f J /~/H Q.
a. Bam Waste Containment ,
Type: ~¥A:C.1(r.JN
Freeboard: r,:> If
v', ",-
h. Corral/Facility Containment
o In-Corral D'Pond H~I ,;., .",
'."' .
d. Consu ucuon Approved
e Adequate Liqu ,d Storage
r, WaS1E Faciluies Well Maintained
g. Evidence of Past DIscharge
2. ~UTRIENT MANAGEMENT •
:~"'H
a. Nutrient Management plan ci
1, Crop Rotation and Yield
2, Animal Numbers
3. Bam Water Use
4_ Waste Export
b. Record Keepmg Current .
_.,_,
c. Liquid App!ic!ltion
Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 stale that
should a repeat item(s) on non-compliance or if a significant ~ RECEIVED
iterrns) is found ttl exist on an inspection. a reinspection shall be e
..
required a fler the time deemed necessary to remedy the i tem(s) of SEP 1
non-compliance, Any significant or repeal ilem(s) of non- 0 2001
compliance found still existing at the time of the reinspcction
may call for revocat ion of your permi t 10 sell mil k. I f the perrni t DAIRY BUREAU
has been revoked a reinspection will be made when the
department has been noti fied that the problerrus) has been
corrected. f//
INS PECTO~ s.rG~7f(E PRODUCER SIGNATURE
"/ l ,
- Lou, t 6,!-ffo!w (_,;J'/'t- /)~'~r ;; 3~-o :..., .;)/U) £_ f.J~ d ~.J_A.. rei 9" J -; -:; c-

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IDAHO DEPARTM ENT Of AGR[CU L TURE fv DAIRY FARM WASTE
BUREAU OF DAIRYING -
('';>
pO BOX 790. BOISE ID 83701-0790 ...,;):;. 1 FACILITY INSPECTION REPORT
(208)332-8550 LcP'
DAIRY NAMEIOWNERIAL)DRESSICITY DATE: ':-/lJ-Oj NS{'.E{'TtaN'0.) 10: REPEAT NON-C'OMPUANCE L
,.... b
., ~A.J J/ ') , eA/AI 7 '(5/Jyr. RQU1=J.Ji.t8"
,
/ TIME: FOLLOW-UP TlM~FRAME:
»cs» S. ;).)IN e . J. ,jrX:} M LY- ..., PRE"QLJA LIFY ING
II OF ANIMALS: 7",,, JI'~ QUALIFYING DISCHARGE INSPECTION
WeN~/e.tL ref Y.J.JsS PLA NTIPERM 1 Till': , ... , J <.II' OTHER
COMPLAINT; REVOKE MII.K PERMIT
/.10/' .... /y, JlU ADM lN1STRA TIVE H EA RING
A dairy farm wast.., facility i rectin ,nductcd at your facility on this dale. Items f(" ad to be in nun-compliance with IDAPA 02.04.14 are identified
below. Please be aware lhDt~epeal non-cempllanee iterns found to exist on the next inspection may he C9USl' f{lr revocatinn of your pcrmia to sdl milk.
., Remarks;
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JTEMIDESCRIPTION w Zw ::!:;N 51e. c- r' ;,.J
I. WASTE SYSTEM ...
a. Barn Waste Contamment
Type; Jr I:;;'''
Freeboard; s ~~ A
o In-Corral D'Pond .,J .. I"'~ ]\I
c Separation System
d. (""OSI' UCI,on Approved :~
e Adequate Liquid Storage '_K
r. Waste Facilmes Well Maintamed " ,".
" E vt de n ce 0 r Past Di 5C na rge
".
2. NUTRIENT MANAGEJVlENT .; ' . \ ,;'1
"
3. Nutrient Management PIM
2. Animal Numbers
I
3. Bam WatGT Use
4. Waste Export •
b. Record Keepmg Current
d. Solid Application "
Idaho Rule. Governing Dairy Waste, IDAPA 02.04. j 4 slate that
Should a repeal itcrnrs) on non-compliance or if a significant RECEIVE[
itenus) is round \(I exist on an lnspecuon..e reinspection shall be
rcqui red a ncr the ti me deemed necessary to remedy ihe iternis) l1f
non-cornpliance. Any significant or repeal ilcm(s) of non- MAY , 1 2001
compliance round still existing at (he Ii me of the rei nspection
may call for revocation of your permit (0 sell milk. If the permit DAIRY BUREAU
has been revoked a rei nspecu on wi II be made when the
department has boon notified that the problenus) has been
corrected,
,.,
lNSPECTOR SIGNATUR_f. Y PRODUCER SIGNI\TURE
( ,. J !
II.r)~r7~' /l ;-
! Marv Patten

From:

Sent:

To:

Subject:

Ed Neel [eneel@agri,state,id,usj Thursday, March 22, 2001 8:29 AM Marv Patten

Bettencourt NMP

Hello Marv

At Bettencourt's facility he mixes irrigation and effluent together.

He showed me the 6 pivots and fields totaling 769 acres, The only problem I saw were 2 rock outcroppings located in field # 22 the larger was approximately 50 x 40 the other was approximately 20 x 30. Luis told me he would have those outcroppings covered by March 31,2001 and would not apply effluent until after that date.

Thanks, Ed

1

1~======================================~~

IDAHO DEPARTMENT OF AGRICULTL:RE I DAIRY FARM WASTE ~

BUREAU OF DAIRYING h

PO BOX 790, BOISE ID 83701-0790 )Jm~ \ \ FACILITY INSPECTION REPORT

(208)332-8550 1"

I )

DATE: (I \ \, Ie o [NSP~T1tJNTi"PE"

I '~QUTjNE ./

TIME: \0: l 0)1'· 'P(5'i'IO'W-lJP

ald-/I '" "I \! PRE-QUA LlfYING

# OF ANIMALS:' I .,.&I~~~V' QUALIFYING

PLANT/PERMIT #: II" Ii .!' OTHER

't COMPLAINT:

M \.)1. I" I)

ADMINiSTRATIVE HEARlNG

REPEAT NON-COMPLlj\NCE

L

TIME fRAME:


DAIRY NAME/OWNER/ADDRESS/CITY

I' I -tt~

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';J.~5{) <5 ddCO(

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A dairy farm waste facility i,,·n~. '" was conducted at your facility on this dale, Items found to he ill non-cornpliaace with ID~<\PA 02.04.14 are identified below. Please be aware thai repeat non-compliance items found to exist on the next inspection may be cause for revocation of your permit to sell milk.

REVOKE MILK PERMIT

ITEMfDESCRlPT10N

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n_T_YfJe'_----+rL

Freeboard: fL

b. Corraf/Facility Containment

o In-Corral 0 Pond

G. Separauon System

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d. Consuucuon Approved

e Adcq uatc l.rquul Storage

r WaSte Facrlmes Well Mainta.ned



LL pF'&~~il~M

,"':':_NUTRlINT MANAGEMENT Im'lL

W

3_ Nutrient Management Plan

1. Crop Rotation and YIeld

2. Animal Numbers

3. Bam Water Use

4_ Waste Export




Idaho Rules Governing uarry Waste, IDAPA 02.04.14 state that should a repeat. i tem(s) on non-compliance or 1 r a sign i ficant itcm(s) is found to exist on an Inspection, a rcinspecrion sball be required after the time deemed necessary to remedy the iterrus) of non-compliance. Any significant or repeal item(s) of noncurnphancc round still existing at the time 01' the rcinspection may call for revocation ofyour permit to sell milk, lfthe permit has been revoked a rcinspcction will be made when the department has been notified that the problernts) has been corrected.

Remarks:

I c }

RECEIVED

..

NOV 2 1 2000

OAIRY BUREAU

INSPECTOR SI~lATIU\RE

l) f" .0.....-\ ..(~.A d-

~========~~~~~

PRODUCER SIGNATURE

DAIRY QUALITY ASSURANCE LABORATORY 2230 Old Penitentiary Road Boise, Idaho 83712 208-332-8570, FAX 334-4062

Product Source:

Glanbia Foods (Twin Falls) 236 Washington St. S.

PO Box 485

Twin Falls, ID 83301

Collected: Date: 08/09/00 Received: Date: 08/10/00 Tested: Date: 08/10/00

SPC/ml or gr

Time: 2:50p Time: 9:55a Time; 11:10a

Coli/ml or gr

Accession: 1165

Temp: 39 F by DT
Temp: 16 C by JA
Temp: 0.6 C by JA
Phosphatase 1ST DMSCC
8122 NF
8729 NF
7620 NF Raw barn#l 8ettencort G-6850 Raw 8arn#2 Bettencort mvqmp114 Raw barn#2 Bettencort mvqmpl14

Note: Tested for Pesticides by Charm CideLite

Pas control 402, Neg control 7480, Control Pt. 4488

Karen Riggs State Labora~ory Evaluation Officer

,---------------------------------_ ..... -

Mike Everett

Mond ay. August 07. 2000 11 :00 AM Marv Patten

FW: How do you know

Were you aware of this situation? Mike

----Original Message---

From: Darrel McRoberts [S MTP: 0 [email protected]

Sent: Monday, August 07,200010:03 AM

To: Pat Takasugi (E-mail); Mike Everett (E-mail)

Subject: FW: How do you know

FYI

Darrel

--~·~Orig inal Message-----

From: Don Cogger [mailto:[email protected] Sent: Friday, August 04,20007:46 PM

To: Lee Halper; bill chisholm; charlie lenkner; dick parrott; max

hatfield; della johnson; mike ihler; Don Gogger; Michael Miketa; Pam W.; stacy butler; Jack Darci; Richard Carlson

Gc: clint stennett; Darrel McRoberts; doug howard; john sandy; Rob Sauer; senator laird noh; steve allread; wendy jaquet-horne: Young, Norm Subject How do you know

How do you know when a dairy is to big ???????? When they spray for

flies with a crop duster aircraft Stop laughing it happened

today. Bettencourt had his dairy sprayed for flies with a crop duster today!!1I!!l! GAN YOU BELIEVE IT

Neighbors called DEQ to complain and they said it was okay. Diana Tews from ISDA said that Louie said he had cleared it with the neighbors

....... NOT

Don Gogger

~~========~========

~~ ~

IDAHO DEPARTMENT OF AGRICULTURE BUREAU OF DAIRYING COMPLAINT REPORT

4. Source Individual XX Government Other

3.Type of Complaint Product Environmental XXX Nuisance Miscellaneous

1. Complaint Number

"?OC20-O'/oJ

2. Date Complaint Received 8/4/00

5.Name/Address/Phone Number of Complaint Sue Scott

-

6.Complaint: The Bettencourt Dairy had sprayed for flies this morning and the flies are all moving to here place next to the dairy about 500 feet away, She thinks the dairy should have to take care of the flies.

7.Illness Involved?

8.Health Professional Involved?

No Yes

No Yes

No Yes

Name/Address/Phone

17.Name/Location where Purchased

9.Hospitalization Required?

No Yes Name/Address/Phone-

10.Type of Product

11.Size/Style of Package

13.Package Code

12.product Labeling

14.Manufacturer

IS.Di.stri.butor

16.Date Purchased

19.Name of Waterway Affected

18.Alleged Envi.ronmental Damage?

20.Name/Address of Indl.vi.dual/Company alleged to be cause of complaint

Bettencourt Dai.ry

Wendell Idaho

324-5065 ext. 1129

21.Evidence/Sample Obtained

23.Does Complainant expect additional Dept. Contact?

No Yes

No Yes

22.Disposition Follow up Needed

Closed Wi.thout FUrther Investigation Referred to Diana Tews

24.Remarks:

08/04/00 11:45 a.m.

Responded to the complaint Mike Wiggs called me about regardi.ng the Bettencourt Dairy. I. drove to the facility after trying to reach Mr. Bettencourt by phone. I spoke with Mariano, the Manager for the Bettencourt Dairy. I explained that the agency had received a complaint call from a neighbor, Sue Scott (536-2394) about flies. Mari.ano admitted they had sprayed for flies that morning, using a plane. He sai.d he thought that dri.ft from the plane would have probably gotten to Mrs. Scott's place since she is very close to the area they were sprayi.ng. He was willing to go over to Mrs. Scott's with me to see if there was anything that could be done to rectify the problem.

We drove to the Scott residence which is just west of the south corrals. No one answered the door when I knocked. The flies did not seem to be excessive where I was standing on the porch of the house. Mariano and I discussed the possi.bili.ty of using aerosol spray around the house if Mrs. Scott thought it was necessary. We drove back to the dairy and talked about options. While we were sitting at the dairy, Mr. Bettencourt drove up. I explained to him why I was at the faci.lity. Mr. Bettencourt admitted he had hired a plane to spray for flies. He thought the neighbor would be happy about this, rather than upset. I suggested he contact Mrs. Scott or offer to spray her place next t~ he did an aerial spray. He said he had no problem spraying over her house if he used a plane again. Mr. Bettencourt asked why she didn't just call him if she had a problem. I told him I did not know, I had taken he call from. my supervisor, but f:tgured it might have something to do with other problems she has taken up with h~.

I called Mrs. Scott after I left the dairy and explained I had spoken with Mr. Bettencourt who was willing to spray over her house in the future if she was willing for this. She stated she would be much happier if they would do that rather than chase all the flies to her place. She told me she had baen mowing her lawn and the flies were so heavy she had to quit and go inside. I suggested she call Mr. Bettencourt next time she had a problem and try to work it out with him. She stated she had tried this in the past when his employees were driving too fast and Mr. Bettencourt had "hung ~p on her". She said she had to get the poli.oe out there and they issued tickets before there were any changes. I said I would be happy to assist in solving future problems but working with the person responsible should be her first step. I gave her my number and told her a report would be sent to Boise regarding this incident.

08/07/2000 4:00 p.m.

Spoke with someone at the Jerome Airport about the chemical application at the Bettencourt Dairy on Friday. Was given the name (Tom) and number (731-9927) for Buddrius Aviation. I called the number

given and reached Tom. I explained who I was and that I worked for the Dept. of Ag and was trying to find the person that had sprayed flies for Louie Bettencourt's Dairy on 08/04/2000. Tom stated he was the one who had sprayed the dairy corrals. I asked if he could tell me what he had used and he stated he had sprayed Yellow Malathion. He told me it was what they used to spray bugs in grain and was" approved for use around cattle. Tom also stated that Louie was not happy with the results, that it had not done a very good job killing the insects. Tom said he was looking into 2 other products that were on the market for this type of spraying. I thanked him for his information and told him I would be in touch if I needed to know anything more.

Nama Diana Tews

Date 08/04/00

REVOKE MlLK PERM!T

DAIRY NAMEiOWNER,IADDRESSiCITY

DATE:

PiPE:

ROUll~& FOLLOW-UP PRE-QUALIFYING QUAUFYING OTHER

TTMEFRAME:


PO BOX 790, BOISE ID 83701-0790 (208)332-8550


2ZWt

REPEA T NON-COMPLIANCE

t

TIME: I· I


2 9;5

I

1# OF ANIMALS:

ADMINlSTRATIVE HEARING

A dairy farm waste facility iaspeeflen below. Please be a ware

to be In non-compliance with may be cause for revocation

4 are identified sell milk.

Remarks:

ITEMIDESCRJPTION

L WASTl!: SYSTEM

Type:

-


Freeboard:

b. CorraVFaeility Containment

o In-Corral 0 ' Pond


d Construction Approved

e. Adequate LIqUId Storage

f Waste Facrlines Well Maintained

g. Evidence or Past Discharge


2. NUTRJENT MANAGEMENT


l. Crop Rotation and Yield

2. Animal Numbers

3. Bam Water Use


RECE1VED M-A'I 1 7 2000 DA\RV BUREAU

4. Waste Export



Idaho Rule" Governing Dairy Waste, TDAPA 02.04.14 state that should a repeat item(s) on non-compliance or ira significant item(s) is found 10 exist on an inspection, a reinspection shall be re-quired after the time deemed necessary to remedy theitem(s) of non-compliance. Any significant or repeat item(s) of nOI1- compliance found still ex isting at (he lime of the rei nspecticn

may call for revocation of your permit to sell milk. If the permit has been revoked a reinspection will be made when the department has been notified that the problem(s) has been

. corrected.

INSF>~C'j:QR SIGNATURE

PRODUCER SIGNATURE

Report Date: 12/3/99 Sheet 1

Project: Louis Bettencourt Pond

Sample No: 996874-75

Report To:

Idaho Dept of Agriculture P.O. Box 790

Boise, Idaho 83701

Client No: IDAAGR

Material Source:

Date Sampled:

Sampled By:

Date Received:

Classification:

Bettencourt Farms A & B 9/21/99

Idaho Dept of Agriculture 9/21/99

70% Al30% B

Atterberg Limits Standards: ASTM 04318

1/2% Ash 1 % Ash 3% Ash

Liquid Limit = Plasticity Index = Classification =

23

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27 11 CL

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