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Saturday, May 30, 2009

Environment - "Petitions filed to appeal federal water permits for megadairies"

This story today in the Richmond Palladium-Item reports:

Federal wastewater permits approved earlier this month for two area megadairies have been appealed.
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Petitions for administrative review of the Indiana Department of Environmental Management's decision to issue permits to Liberty Dairy LLC in Union County and Union-Go Dairy in Randolph County have been filed with the Office of Environmental Adjudication (ODA), said India Davidson, ODA legal assistant.

The 24 petitioners seeking review of the Liberty Dairy permit hired the Columbus, Ind., law firm Kline King and King to represent them. Their petition asks for administrative review of the permit decision, an adjudicatory hearing and a stay.

The petition was filed May 22 with ODA, one day before the deadline.

No dates have been set in that case because no attorney has been assigned to the case by the Indiana Attorney General's office to represent IDEM, OEA officials said.

Five appeals of Union-Go Dairy's permit were filed by Randolph County residents. Residents Allen and Judy Hutchinson, Curtis Ramer, Stephanie Pflasterer, Wendy Carpenter and Richard and Barbara Pegg are representing themselves, Davidson said.

OEA is waiting for any additional appeals to arrive that were mailed prior to the May 19 appeals deadline before making any determination on whether those appeals meet agency requirements, Davidson said.

Liberty Dairy's National Pollution Discharge Elimination System permit allows the construction of a 2,500-cow dairy in Harrison Township in Union County. Construction on that dairy isn't expected to begin until next year.

Union-Go Dairy, a 1,650-cow dairy, would be allowed to build new lagoons in the first phase of expansion for which the permit was issued. In phase 2, the dairy will submit a plan to address problems with the existing lagoon.

Here are earlier ILB entries on Liberty Dairy and Union-Go Dairy.

Posted by Marcia Oddi on May 30, 2009 12:59 PM
Posted to Environment