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Conservation Pennsylvania

August 20, 2012

Lynn Langer Director, Southcentral Regional Office

PA Department of Environmental Protection

  • 909 Elmerton Ave.

Harrisburg, PA 17110

Cosmo Servidio Director, Southeast Regional Office PA Department of Environmental Protection 2 East Main Street Norristown, PA 19401

Susan Malone Director, Southwest Regional Office

PA Department of Environmental Protection

  • 400 Waterfront Drive

Pittsburgh, PA 15222

Dear Regional Directors,

Marcus Kohl Director, Northcentral Regional Office PA Department of Environmental Protection 208 West Third Street, Suite 101 Williamsport, PA 17701

Michael Bedrin Director, Northeast Regional Office PA Department of Environmental Protection 2 Public Square Wilkes-Barre, PA 18701

Kelly Burch Director, Northwest Regional Office PA Department of Environmental Protection 230 Chestnut Street Meadville, PA 16335

I am writing to advise you of concerns that I have regarding NPDES CAFO permit applicants or permittees. I have been monitoring DEP’s regulation and enforcement of CAFOs for over ten years. The Department has always been reactive to concerns that I have raised. For these reason, I wanted to advise you of my concerns before any legal action is taken.

A number of NPDES CAFO permit applications have been pending for inappropriately long periods of time. While I recognize that permit applications are sometimes nuanced, applicants should have all necessary management plans drafted and implemented when applying for a new CAFO permit or renewing an existing permit. Permit applications should not be used as indefinite placeholders while an applicant or permittee obtains the necessary documentation required to obtain a permit. One of the farms listed below has had a permit application pending for almost six years, which is longer than an NPDES CAFO permit cycle. For the above stated reasons, the Department should place the following NPDES CAFO permit

P.O Box 2125 Philadelphia, PA 19103 www.conservepennsylvania.org

Conservation Pennsylvania

applicants/permittees on a strict timeline to secure necessary prerequisites for a permit or deny the permit applications/renewals.

Farms in the Southcentral Regional Office territory:

Mason Dixon Farms, Inc. 1750 Mason Dixon Road Gettysburg, PA 17325 PA0248398 (previously PAG123508) Individual permit application has been pending since 12/27/2010 Facility was sent a deficiency notice on 1/12/2011

Frosty Hollow Farm

  • 529 Frosty Hollow Road

Roaring Springs, PA 16673

PA0088803

Renewal pending since 5/23/06 Facility was sent a deficiency notice on 2/9/2007

Most recent farm inspection was on 10/27/2008

Hetrickdale Farms 69 Hetrick Drive Bernville, PA 19506

PA0247057

Renewal pending since 3/29/2011 Facility was sent a deficiency notice on 4/20/2011

Greater Vision Farms

  • 228 Five Points Road

Alburtis, PA 18011

PA0248478

Renewal pending since 10/19/2010

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Conservation Pennsylvania

Penn England Farm

  • 10341 Fox Run Road

Williamsburg, PA 16693

PAG123568

Renewal pending since 8/6/2007

Dream Farms (formerly Agway Dream Farm)

  • 13655 Dream Highway

Newburg, PA 17240

PA0087980

Renewal pending since 2/13/2009 Facility was sent a deficiency notice on 2/13/2009

Blue Mountain Finishing Farm

  • 10391 Otterbein Church Rd

Newburg, PA 17240

PA0246379

Renewal pending since 10/27/2008 Facility was sent a deficiency notice on 12/19/2008

Stoner's Hijos Hill, Inc. 7678 Oellig Road Mercersburg, PA 17236

PA0247952

Renewal pending since 1/18/2011

Brubaker Farms 493 Musser Road Mount Joy, PA 17552

PA0247863

Renewal pending since 5/7/2010 Facility was sent a deficiency notice on 7/1/2010

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Conservation Pennsylvania

Kenton L. Sweigart

  • 620 Greider Road

Mt. Joy, PA 17552

PA0261688

Permit pending since 2/23/2011 Facility was sent a deficiency notice on 12/9/2011

Rohrer Dairy Farm LLC

  • 124 Charleston Road

Washington Boro, PA 17582

PA0247685

Renewal pending since 5/5/2010

Esbenshade Farms - North Farm 2036 Pleasant Mt Road Mount Joy, PA 17552

PA0248096

Renewal pending since 3/31/2011

Kreider Farms home farm

  • 525 Indian Village Road

Manheim, PA 17545

PA0088285

Renewal pending since 1/18/2011 Facility was sent a deficiency notice on 2/28/2011

Esbenshade Farms - Mount Joy (Home) Farm

  • 220 Eby Chiques Road

Mount Joy, PA 17552

PA0247251

Renewal pending since 3/31/2011 Facility was sent a deficiency notice on 6/16/2011

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Conservation Pennsylvania

Robert L. Brubaker, Jr.

  • 2871 North Colebrook Road

Manheim, PA 17545

PAG123689

Permit pending since 2/16/2010 Facility was sent a deficiency notice on 5/11/2010

Reinholds Farm

  • 1375 West Rt 897

Denver, PA 17517

PA0246662

Renewal pending since 12/8/2006 Facility was sent a deficiency notice on 2/15/2007

Riverview Farms 323 Riverview Road Peach Bottom, PA 17563

PA0260223

Permit pending since 1/9/2007

Mt. Pleasant Farm (Kreider Farms)

  • 1486 Mt. Pleasant Road

Lebanon, PA 17046

PA0247481

Permit pending since 4/30/2008

Hickory Lane Farm 23 Clarks Run Road Blain, PA 17006

PA0246859

Permit renewal pending since 5/1/2007

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Conservation Pennsylvania

Farms in the Northeast Regional Office territory:

 

David High Farm

317

Ridge Road

Pitman, PA 17964

PAG122202

Permit pending since 4/24/2007

Farms in the Southwest Regional Office territory:

Hillcrest Saylor Dairy Farms, LLC 3684 Kingwood Road Rockwood, PA 15557

 

PA0267716

Permit pending since 2/20/2007

NPDES CAFO permits have recently been issued without the farming operation first being inspected, according to eFACTS. All facilities should have a thorough and complete inspection before an NPDES CAFO permit issuance or renewal. Because CAFO permits rely on management practices to meet effluent limitation guidelines and standards, Department inspectors should complete a preliminary inspection of the farming operation to ensure that the farm will be able to meet the requirements of the permit. The following farming operations appear to have been issued an NPDES CAFO permit without first having an on-site inspection.

Farms in the Southcentral Regional Office territory:

 

Zerbe Pullet Farm

296

Manbeck Road

Bernville, PA 19506

PAG123676

Permit issued 2/16/2012 but no history of inspections in eFACTS

Snider Swine CAFO 22357 Mountain Foot Road Neelyton, PA 17239

PAG123708

Permit issued 12/28/2011 but not history of inspections in eFACTS

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Conservation Pennsylvania

Long Swine Farm 57/59 Reeds Creek Road Annville, PA 17003

PAG123706

Permit issued 2/9/2012 but no history of inspections in eFACTS

Sonnen Spring Poultry Farm

  • 101 Sonnens Road

Richland, PA 17087

PAG123592

Permit issued 9/28/2010 but no history of inspections in eFACTS

Reid Hoover

  • 400 Mount Wilson Road

Lebanon, PA 17046

PAG123702

Permit issued 12/28/2011 but no history of inspections in eFACTS

Farms in the Northcentral Regional Office territory:

Jim Showers

  • 767 Grey Hill Road

New Columbia, PA 17856

PA0234052

Permit issued 1/30/2012

Farms in the Southeast Regional Office territory:

Woodland View Farm

  • 133 Woodland Road

Oxford, PA 19363

PAG120006

Permit renewed 5/24/2011 but no history of inspections in eFACTS

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Conservation Pennsylvania

Farms in the Northeast Regional Office territory:

Joe Jurgielewicz Duck Farm (Grimaud Farm)

  • 886 East Mountain Road

Hegins, PA 17938

PAG122210

Permit issued 4/19/2011 but no history of inspections in eFACTS

Hegins Valley Farm

  • 824 Church Road

Hegins, PA 17938

PAG122205

Permit issued 5/25/2011 but no history of inspections in eFACTS

Ronald Maurer Farm 1366 Ridge Road Klingerstown, PA 17941

PAG122209

Permit issued 4/6/2011 but no history of inspections in eFACTS

Heisler's Egg Farm

  • 757 Valley Road

Tamaqua, PA 18252

PAG122203

Permit issued 4/22/2011 but no history of inspections in eFACTS

Koch's Turkey Farm (Home Farm)

  • 416 Valley Road

Tamaqua, PA 18252

PAG122206

Permit issued 3/30/2011 but no history of inspection in eFACTS

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Conservation Pennsylvania

Embrovac, LLC

  • 616 Dairy Road

Tamaqua, PA 18252

PAG122211

Permit issued 6/29/2011 but no history of inspections in eFACTS

Wayne Marcho Veal Farm Union Hill Road Susquehanna, PA 18847

PAG122204

Permit issued 12/5/2011 but no history of inspections in eFACTS

Farms in the Northwest Regional Office territory:

Bortnick Dairy, LLC 21820 Palmer Road Conneautville, PA 16406

PA0240168

Permit issued 8/13/2008 but no history of inspections in eFACTS

There are also farms where it is unclear from eFACTS whether the farm is continuing to operate on an expired NPDES permit or whether the facility is no longer regulated as a CAFO. There are no notations in eFACTS about renewal applications or whether the farms fell below the CAFO threshold. The eFACTS system indicates that the farming operations are active.

Farms in the Southcentral Regional Office territory:

Sollenberger Brothers Farm

  • 820 Salemville Road

New Enterprise, PA 16664

PA0246701

Permit issued on 10/3/2002, and should have expired on or about 10/31/2007

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Conservation Pennsylvania

Clair H. Wenger Farm 67 New Schaefferstown Rd Bernville, PA 19506

PAG123528

Permit issued on 2/7/2002, and should have expired on or about 2/28/2007 Individual NPDES CAFO permit was submitted, but subsequently withdrawn on 10/10/2008

The Path Valley Farm 21059 Cross Road Doylesburg, PA 17219

PAG123553

Permit issued on 6/14/2002, and should have expired on or about 6/30/2007

 

The Hege Farm

3966

Funk Road

Chambersburg, PA 17201

 

PAG123563

Permit issued on 10/29/2002, and should have expired on or about 10/31/2007

Haas Swine Farm RR#1 Box 13A James Creek, PA 16657

 

PAG123567

Permit issued on 12/6/2002, and should have expired on or about 12/31/2007

Middle Creek Swine Farm

1925

West Route 897

Denver, PA 17517

PA0088714

Permit initially issued on 11/19/2001, and should have expired on or about 11/30/2006 Permit was transferred multiple times, but it is not clear when the permit was renewed

Cedar Hill Farm 721 Spring Valley Road Wellsville, PA 17365

PA0088943

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Conservation Pennsylvania

Permit initially issued on 6/18/2002 and amended 8/2/2006, and should have expired on or about 8/31/2011

Farms in the Northcentral Regional Office territory:

Tor-View Farms 59 State Road 244 Coudersport, PA 16915

PA0228630

Permit issued on 5/13/2003, and should have expired on or about 5/31/2008

Farms in the Northwest Regional Office territory:

Lakeland Dairy 272 Angel Road New Wilmington, PA 16142

PA0239933

Permit issued on 3/14/2007, and should have expired on or about 3/31/2012

If you have any questions or would like to discuss these matters further, please feel free to contact me at kim@conservationpa.org or (717) 648-0602. Additionally, I request that you advise me of any actions taken to address the concerns outlined in this communication.

Sincerely,

Conservation Pennsylvania Permit initially issued on 6/18/2002 and amended 8/2/2006, and should have expired on orkim@conservationpa.org or (717) 648-0602. Additionally, I request that you advise me of any actions taken to address the concerns outlined in this communication. Sincerely, Kimberly L. Snell-Zarcone, Esquire Policy Director 11 " id="pdf-obj-10-28" src="pdf-obj-10-28.jpg">

Kimberly L. Snell-Zarcone, Esquire Policy Director

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