STATE OF IDAHO DEPARTMENT OF AGRICULTURE, CL.*BUTCH OTTER cua GouLD Dreor April 8, 2010 Alma Hasse ICARE PO Box 922 Fruitland, Id 83619 Dear Ms. Hasse: On April 7, 2010, the Idaho State Department of Agriculture, Dairy Bureau, received your email request for, “any inspection of the Vermeer Dairy in Caldwell has been conducted in the past month. ..and copies/logs of complaints.....” On April 7, 2010, Martha Walbey phoned you for clarification regarding your request. You indicated to her on April 8, 2010, you would like complaints for the last 24 months, 4/1/08 through today, which you also sent in a revised written request. Enclosed please find the documents you requested. Please note that information which is exempt from disclosure pursuant to Section 9-340C(8), Idaho Code, has been redacted. DATE [INFORMATION NUMBER | OF PAGES: 1__| 325710 | Dairy Farm Waste Facility Inspection Report I ‘5/1/08 | Complaint Report w/ photos 18 - TOTAL 19 } Yay ‘An attomey has reviewed this denial. RIGHT TO APPEAL The sole remedy for a person aggrieved by the denial of a request for disclosure is to institute proceedings in the district court of the county where the records or some part thereof are located, to compel the public agency to make the information available for public inspection in‘Alma Hasse April 8, 2010 Page 2 accordance with the provisions of the Public Records Act, Idaho Code, section 9-337 through section 9-350, The petition contesting the public agency’s decision must be filed within 180 calendar days from the date of mailing of the notice of denial by the public agency. If you have any questions, please call Sincerely, Pore Gattn Mary Patten, Chief Dairy & CAFO Bureau: Certificate of Mailing Thereby certify that the original of this letter was deposited in the United States mail, postage prepaid, this 8" day of April, 2010. otonihy Martha Walbey Administrative AssistantTDAHO DEPARTMENT OF AGRICULTURE BUREAU OF DAIRYING PO BOX 790, BOISE ID 83701-0790 (208)332-8550 DAIRY FARM WASTE FACILITY INSPECTION REPORT ly RAT NARORRENTADDRESTCTT TE S-Z5-10 | APRTONTFE RareAT oS OETA Vennteer Daeg TIME: B: LO Awe 1 Foutow-ur ‘TIME FRAME: hse? Fads HOFANIMALS 5 yy | El PREQUALIFYING fe Fresh & Dry: aoe. DISCHARGE INSPECTION. Kabhie Rochen: Econ el a ae, ane aT 22 ‘ADMINISTRATIVE HEARING “dairy Tar wane Fciity inspection was conducted a Comment ITEM/DESCRIPTION 1. WASTE SYSTEM. Freboad ’. Cora/Facity Containment CO incormt C)Pond Separation System Please be aware that repeat non-compliance items found to exist on the next Inspection may be ease for revocation of your petmit to sel mile your facility on this date. Tiems found tobe a non-compliance with IDAPA 02.0414 are denied below This taspecdion fas bear Corduchh clue fo Concerns Fim the EPA of oa ible Gi scliosge deilin this dine P Aisclrocse was Gund. The ditch ts q4esllon tans along Me Sood Sud. 5 a : » fag! le Lcility. These was aisccloren ea iw ee duce bud did nod look. or 4. Consraction Approved © Adequate Ligid Storage Sou Vike i Cortened ANal Washe | West Facies Well Maintained Aiscclocalen ware OL Ale susober OPE to be Aan Sita 2. Evidence of Past Discharge 1 Animals Confined From Waterways 2, NUTRIENT MANAGEMENT Nutieat Management Plan : : Wobonl Iwan tesidue (Fran Bunticg Seis the KAN, The only Wass ad done pace Yo dudau hes ae one 1, Crop Rotation and Yield wn dh 2, Animal Nombers shal dha Vecauted Boot Geld dice My 3, Bam Water Use 4, Waste Export Record Keeping Curent doi Lyitty. Liquid Application 4. Solid Application ao Rules Governing Dairy Wasi, IDAPA 0204.14 state hat should repeat tem) on non-compliance o if sgniiant item() is foun to exist onan inspection, a enspectin sal be requied after te time deemed necessary to remedy the items) of ‘non-compliance. Any significant or repeat item(s) of non- compliance found stil existing atthe time ofthe reinpeeton may tall or revation of your permit to sell mille Ifthe permit has ‘been evoked reinspecton wil be made when the deperament ‘ns been notified thatthe problem(s) has buen eomected.2. Complaint Nuber IDAHO DEPARTMENT OF AGRICULTURE BUREAU OF DAIRYING COMPLAINT REPORT 2o29- 208 2. Date Complaint Received 4/1/08 3.type of Complaint 4-Source 5.Nane/Addvess/Phone Number of Complainant Product Individual » John Maggard Environmental x Government, — Nuisance other aLeenee es SERNA Complaint: He, Maggard ‘Sn ApEII I, 2008, and stated that Vermeer Dalry Fas hose from the settling pond that runs into the ditch.’ If you are at the corner of Friends Ra § Bochner you can see what is occurring. ‘7.Tiiness Tavolved? 8.Hoalth Professional Involved? 9.Hospitalization Required? Nox Yes Nox Yes Nox Yes Nano/Address/Phone Nan/Addeess/Phone 10.Type of Product 11. Size/style of 32.Product Labeling 413.Package Code Package 14 Manufacturer 15 Distributor 16.Date Purchased 17 -Mame/Location where Purchased 18-Alleged Environmental 419.Name of Waterway | 20.Nane/Address of Individual/Company alleged Danage? Asfected to be cause of complaint Irrigation Ditch to | Noman Vermaar No Yes x the south of the 18683 Friends Ra Dairy Caldwell, Ta 83605, 21 Rvidence/Sample Obtained | 22.Disposition : 23.Does Complainant Follow up Needed expect additional No Yes Closed Without Further Investigation Dept. Contact? Referred to Dawn Schooley ‘ No Yes x 24 Remarks (On April 1, 2008 at approximately 10:50am I arrived at Vermeer Dairy outside of Caldwell, Idaho. Iwas greeted by Mr. Mike Vermeer. 1 Introduced myself and informed Mr. Vermeer that Idaho State Department of Agriculture (SDA) received a complaint concerning a hose leading from one ofthe Dairy’s waste containment ponds into an irrigation canal. Mr. Vermeer informed me that he has a pump system hooked ‘up from the pivot lin that requires a hose leading from the waste containment pond through the irrigation ditch under the road tothe value ‘rom the main line of the pivot. Tasked Mr. Vermeer if he could show me the system. ‘We drove tothe south side of his dairy, the area in question. T observed a portable pump sitting next to one ofthe waste containment ponds. ‘There was a solid black hose leading from the waste containment pond to the pump and another solid black hose leading from the pump into an overflow irrigation ditch through a culvert to value. Mr. Vermeer informed! me that the value fed the waste water to the main lie ofthe pivot. Mr. Vermeer informed me that he applies the pond waste tothe feld through the pivot line. The black hose was solid with no visible holes. There was not any evidence of discharge in the ditch. Mr. Vermeer informed me that they had been using this pump system for approximately 13 years. He told me that the ditch company, road ‘company and the dairy had agreed that they could run the hose through the eulvert to the valve. Mr. Vermeer informed me that his ISDA. Dairy Inspector was aware of this system. ‘Mr. Vermeer informed me the stagnant water inthe canal was not from his waste containment ponds. I observed a couple of places in the irrigation ditch that winter run off precipitation was standing in the ditch. There was no evidence that the water was waste water from the After Ifnished photographing the pump system and the secondary irrigation canal Mr. Vermeer and I went tothe main irrigation lateral to the ‘ast ofthe pivot line. T observed a low area inthe diteh which had stagnant run-off winter in t. There was no sign of dairy waste water inthe lateral. I photographed the area and then contacted ISDA Dairy Bureau Chief Marv Patten. [informed Mr. Patten of what I found. Tasked him if Mr. Vermeer needed to change anything about his current pump system. Mr. Patten informed me that at this time he did not need to change anything. T thanked Mr. Vermeer for his time and left the property. Case closed Name Date Dawn Schooley april 8, 2008