Hoosiers for Sustainable Agriculture appeal Toll-Tail Dairy permit

by Rochelle Schlemmer

The Hoosiers for Sustainable Agriculture, represented by attorney Neal Lewis of Lewis and Associates in Orland, have submitted a Petition for Administrative Review to the State of Indiana concerning the National Pollutant Discharge Elimination System (NPDES) permit issued to Toll-Tail Dairy, LLC by the Indiana Department of Environmental Management (IDEM).

Hoosiers for Sustainable Agriculture, Inc. is a local not-for-profit organization that has dedicated itself to preserving small family farms and encouraging sustainable agricultural practices. They are also chartered to engage in litigation for the benefit of the public to ensure that non-sustainable agricultural operations comply with all local, state, and federal laws and regulations.

The petition states that IDEM’s issuance of the permit violates state and federal law and that IDEM has failed to comply with the requirements of the Federal Clean Water Act.

The petition also states that IDEM has failed in requiring the applicant to construct law mandated measures necessary to protect the health and stability of the environment, public, and property.

The Hoosiers for Sustainable Agriculture are requesting that the notice of permission to begin construction given to Toll-Tail, which also acts as their NPDES permit, be revoked and all CAFO dairy construction be prohibited.

Hoosiers for Sustainable Agriculture released the following statement after receiving notice of the approval of Toll-Tail’s NPDES permit, "We, the Hoosiers for Sustainable Agriculture, Inc., are very disappointed that IDEM has granted a permit based on an application in the name of a company that did not exist when the application was first made in July 2006."

Applications submitted to IDEM for the National Pollutant Discharge Elimination System (NPDES) in the Concentrated Animal Feeding Operation Program by Aart-Jan Venema state the applicant’s name as "Toll-Tail Dairy, LLC." The issue with this is that it has been established that "Toll-Tail Dairy, LLC" was not in existence at that time.

"The lawsuit alleges that the original application for the Toll-Tail CAFO violates federal criminal statutes within the Clean Water Act because the persons submitting the application for Toll-Tail applied for a federally regulated permit in the name of a company that did not exist at the time of the application," said Bob Hedges, president of Hoosiers for Sustainable Agriculture. "The IDEM administrative lawsuit also alleges that the planned Vreba Hoff CAFO violates numerous environmental requirements that are not being enforced by IDEM as required by federal law. The defendants have a few weeks to answer this lawsuit, and the process is expected to last anywhere from a few months to a few years."

The Hoosiers for Sustainable Agriculture have also filed a Complaint for Permanent Injunction against Toll-Tail Dairy, LLC and all undisclosed owners and members in the LaGrange County Circuit Court. The document was filed on May 25, 2007. The complaint states, "Toll-Tail intends to violate the LaGrange County Zoning Ordinance with its planned CAFO facility."

Toll-Tail, if constructed, would violate the setbacks described in the LaGrange County Zoning Ordinance that states, "New CAFOs shall be set back at least 1,500 feet from any residence, other than that of the applicant, school, business, or church..."

The Hoosiers for Sustainable Agriculture are seeking an injunction that will permanently prohibit Toll-Tail Dairy from constructing or operating a CAFO in their planned location.

"The defendants have 23 days to answer this lawsuit. The defendants’ answer is only the preliminary part of this legal process, again that could last anywhere from a few months to a few years," stated Hedges. "The lawsuit seeks an order of the court permanently prohibiting any construction or operation of a CAFO in this environmentally sensitive location next to Pigeon River Wildlife Preserve, Grassy Lake, and also near the Wall Lake and Orland residential and recreational communities."

The Hoosiers for Sustainable Agriculture, Inc. has several other lawsuits which are currently being worked on which will be filed over the coming weeks and months.