By CINDY KLEPPER and DAVE SCHULTZ, Huntington Herald-Press Staff Writers
The operator of a large dairy farm near Andrews has been denied a permit to modify the dairy's operation. The decision, posted Wednesday by the Indiana Department of Environmental Management, comes on the heels of a May decision that denied DeGroot Dairy LLC a permit to operate a confined feeding operation.
The decision was not a surprise. It mirrors a draft that IDEM posted June 12.
The dairy, at 8521W-200S, has been operating since the May 1 decision as it appeals the permit denial. Last week's decision involved a request for an individual National Pollutant Discharge Elimination System permit for a concentrated animal feeding operation (CAFO). The application for the NPDES permit was filed in 2003.
Last week's decision does not affect the operation of the dairy. Peter Racher, attorney for dairy owner and operator Johannes DeGroot, said the dairy continues in operation "until our appeal is over, and that could be a long time."
Amy Hartsock of the IDEM agreed. "He can continue to operate while the appeal is being decided," she said.
The permit that was denied this month was a permit that DeGroot had filed to comply with new federal regulations, Hartsock said. IDEM's denial statement, which was signed by Bruce H. Palin, the agency's assistant commissioner in the Office of Land Quality, noted several modifications that had been made to the permit request.
"Initially, the application was submitted for NPDES CAFO permit coverage solely, but the application materials were later repeatedly amended to include supporting materials which detail both previously completed and future proposed construction activities at the dairy," the report said.
The denial also listed 13 violations between September of 2003 and last April.
Racher, DeGroot's attorney, called the modifications being requested "common sense changes." The reason for this latest action, he said, was that IDEM has revoked DeGroot's operating permit; therefore, it was not willing to approve his NPDES permit.
The 1,400-head dairy has had a series of run-ins with IDEM, as evidenced by the 13 violations over 20 months. The most recent violations - eight of the 13 - are connected to a spill that polluted a stream that discharges into the Salamonie Reservoir.