Sunday, Aug. 24, 2008

Dairy owner to pay $27,500 fine for violating waste regulations

Inspectors first found waste water tinged with manure flowing into the public waterways from one of Willem Postma's dairies in 1999.

They cited Postma again in 2002, twice in 2004 and four more times in 2006.

In recent years, five cases involving Postma's dairies in Modesto and Oakdale have been filed in Stanislaus County Superior Court, with judges imposing fines and twice signing injunctions aimed at stopping the flow of toxic waste water into irrigation canals and drains that lead to local rivers.

Given the history, it's hard to tell who won the latest case, which ended this month when Postma agreed to pay a $27,500 fine but admitted no wrongdoing stemming from three discharges that allegedly lasted for several days in winter 2006.

But regulators said they will keep their eyes on Postma and his dairies.

"Our goal is to get the water quality problems resolved," said Ken Landau, assistant executive officer for the Central Valley California Water Quality Control Board. "Our goal is not to collect as much money as we can and put a dairy out of business."

Milk is the county's top farm product, and there are more than 100,000 cows on 130 dairies, according to the California Department of Food and Agriculture. Toxic discharges from dairies, even in small amounts, can kill fish and threaten drinking water.

Postma, who operates four dairy- related businesses and three dairies, could not be reached for comment. His attorney, Michael Macko of Modesto, declined to discuss the latest case in detail, saying he did not want to jeopardize a settlement reached Aug. 4 because the details are not final.

In legal papers, Postma bitterly contested the allegations, saying overzealous regulators targeted him even after he worked with the water board to upgrade his facilities.

He alleged that inspectors drove through his property recklessly and didn't give him a chance to verify the results of testing done on water samples taken without his knowledge Jan. 11, 2006, March 2, 2006 and March 6, 2006.

And his attorneys referred to enforcement activity as "harassment," arguing that the government targeted Postma because inspectors think he has deep pockets.

In a brief interview, Macko said the government has unrealistic goals for dairymen such as Postma. "They just run rough- shod over them," Macko said.

Thousands of dollars in fines

According to court records, inspectors have made repeated visits to two of Postma's dairies: Blue Star Heifer on Rice Road in Oakdale and Postma Dairy on Claus Road in Modesto. Postma racked up a series of fines:

$12,000 in 1999

$40,000 in 2002, when he agreed to make $7,500 in improvements

$22,000 in 2004

$10,500 for another incident in 2004, which would have been forgiven if he had no more violations in three years

$27,500 for three more violations in 2006

$45,000 for another violation in 2006, when he again promised to make improvements. The fine might be forgiven if he has no more violations in three years.

Assistant District Attorney Carol Shipley noted that Postma had new violations even after he made improvements at his dairy. She said many problems can be avoided if farmers and dairy operators work with regulators.

The volume of environmental cases remains small. In 2007, the district attorney's office filed the latest case against Postma as well as cases against two other dairies that paid $12,000 in fines. In 2006, prosecutors opened and closed nine cases, collecting $201,360 in fines.

Majority of dairies no problem

Landau, who supervises water quality inspectors, said the vast majority of the Central Valley's 1,800 dairies never have faced enforcement action, while a handful of operators with chronic problems have been cited repeatedly, usually in winter when rains flood inadequate waste water lagoons.

Inspectors from the water board team up with counterparts from the California Department of Fish and Game, checking suspect facilities by flying overhead or driving nearby. If they spot questionable discharges, they enter the premises and test the water.

Most dairies store waste water in lagoons, then pump it out to irrigate crops that can thrive on the nitrogen-laden water, such as alfalfa, corn or cotton. Complex waste-water systems are not needed.

Landau said dairies get into trouble when ponds and cropland are not big enough to handle a herd's waste. He said Postma's predicament is far from the norm.

"This is not a rocket science type of system. It's basically ponds and pumps and ag land," Landau said. "It's a management issue."

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.