Aardema Dairy #2

"
fDAHO DEPARTMENT OF AGRICULTURE DAIRY F AR1vI WASTE \fIJ

BUREAU OF DAffi.YfNG
PO BOX 790, BOISE ill 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DALR Y I"AM E!OWNERJ A DDRESS/ClTV DATE: z-. ., INSPECTION TYPE: R EPFA T NON-cm.1PLTAI\'CE L
0 ROUTINE
/1" ... , "',,-- ~ "'$',/ . TIME: 0 FOLLOW-U'P
TIM..E FRAME:
If OF ANIMA.LS: 0 PRE-QU ALlFY I NG
20lS tC. 36~ S Fresh & Dry: ,,,qQ(J. 0 QUALIFYING DISCHARGll lNSPECT10N
Replacements: 0 OTHER
-I 0 CO:\1PLAINT: REVOKE MfLK PERMIT
I ,/ PLANTiPERMIT #:
ADM[NISTRAnVE HEARING
A dairy farm waste facility inspection was conducted at your facility on this date, Items fllund to be iJl non-compliance with IDAPA 02.04.14 are identified below.
PJea~~ IJe aware that repeal non-cumpltance items found to exist on the next inspection may be cause for revocarien of your pcrmilio sell milk.
'" Remarks;
" ~
" "
" .s
r: c. "
£
E ,': e ~
ITIi:MIDESClUPTION 0 0 0 i5
w zu
1. WASTE SYSTEM J~\: '.:18 L~ .u'" ..- """/
1"'- ,.. Co
H. Barn Waste Containment
Type: 1:' "~ :,~ .0"- c:::.
,. ./
I"" P
Freeboard: ,~ ; f+,~! 'to '{iii,' . .'Jj
b. Curral/Pacility Containment .s: I. L. ... ~
...
D Ill-Corral o POXId .\1, f+dL "
A." . \J
-- c:o _ .I
c. Se para ti on System
d. Crrnstruction A pproved :~b~ ~ ? ..
;' If.
''',~' i ...
e. Adequate liquid Storage ;,fIh'
£ Waste Faciliiics Well Maintained "". - I rz: ~
g. Evidence of Past Discharge ~;$ I~
- - '-'
b, Animal, Confined From Waterways
<, OfW" '.' c .h /.,
2. NlJTRlEN'r :\lANAGEMENT ",1m .• CJ/. I ... /.
a. Nutrient Management Plan 1·lr" -r /'
'iiii!' L /_
I. Crop Rotation and Yield ,J&~
~; - " ,
2. Anima I N LIIlJ bel'S .;
3, Bam Water Use j
4. Waste Export ":di
b. Record Keeping Current '~"
.;~.
c. Liquid Application
d. Solid Application RECEI VED

ldaho Rules Governing Dairy Waste, IOAPA 02.04.14 state that DEC 1 6 ~~O9
should a repeat iternt 5J on non-compliance or if 11 significant
i!erll(s) i, found lo exisi on an inspection, a reinspeencn shall be DAIRY BUREAU
required after the time deemed necessary to remedy the itcmts) of
non-compl i ance, Any significant or repeat item(s) of non-
compliance found SI i II existi I1g ~( the li me of the reinspectiun may
call for revocation of'your permit to sell milk. If the permit has
been revoked a reinspecrion will be made when the department
has been notified that the problcmts) has been corrected.
INSPECTOR SIGNA TURE I PRODUCER SIGNATURE
.
e.. IDAHO DEPARTMENT OF AGRICULTURE BUREAU OF' DAIRYING

PO BOX 790, BorSE ill 83701-(}790 (208)332-8550

DAIRY FARM WASTE FACILITY INSPECTION REPORT

DArRY NAME!OWNERJADDRESS/ClTjY

f:_

,

PLANT/PERMIT #: f

DATE:

INSPECTLON TYPE:

G1 ROUTINE

o FOLLOW-UP

o PRE-QUALIFYlNG

o QUALlFYTNG

o OTHER

o COMPLAlNT:

REPEAT NON-COMPLlANCE

TIME FRAME:

TIME:

# OF ANl1vlALS:

DlSCHARGE INSPECTION

A dairy farm wash! facility inspection was conducted at your facility on this Please be. aware that repeat Don-compliance items found to exist on the next

I TEMJDESCRJPTTO;-.j

1. WASTE'SYSTEM

a. Bam Waste Containment

Type:

Freeboard:

b. Corral/Facility Containment

D ln-Corral 0 Pond

c. Separation System

d. Construction Approved

e. Adequate Liquid Storage

f, Waste Facilities Well Maintained

g. Evidence or Past Discharge

h. Animals Coufined From Waterways

2. NUTRiENT I\lANAGEMENT

a. Nutrient Management Plan

I. Crop Rotation and Yield

2. Animal Numbers

3. Bam Water Use.

4, Waste Export

b. Record Keeping Cimenr


Remarks:

I r'lll a

51

, ~

u.f

y, ,

t'

d. Sulid Application

Idaho Rules Governing Dairy Waste, IDAPA02_04.14 state that hould <I repeat itcmts) on non-compliance or ifa significant item(s) is found to exist on an inspection, a reinspeciion shall be required after the time deemed necessary to remedy the itemts) of nun-compliance, Any significant or repeat item(s) of noncompliance tound still existing at the time of the reinspection may call for revocation of Y0\.U" permit to sell milk. If the permit has been revoked a reiuspcction will be made when the department has been noti fled that the problcnus) bas been corrected.

RECEIVED NOV 232009 DAIRY BUREAU

INSPECTOR SIGNA TU RE

_PRODUCER SIGN

RE

tr
IDAHO DEPARTMENT OP AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIRYING
PO BOX 790, BOISE ID 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DAIRY NAME/OWN~jfDRESS/C1TY DATE: • f?-o, INSPECTION TYPE: REPEAT NON -COMPUA NCE L
D ROUT]NE
'$IL,/' ~ TIME: 0 FOLLOW-UP TIME FRAME:
"# OF ANIMALS: 0 PRE-QUALIFYING
Fresh & Dry: ___d. 3D D 0 QUAUFYlNG DISCHARGE INSPECTION
~OIS ~ 6oo~ Rcnlaccmerus: r» 0 OTHER
0 COMPLAINT: REVOKE MILK PERMIT
PLANTfPERJY1JT #:
ADMINrSTRATIVE I-lIoARTNG
A dairy farm waste facility inspection WII~ conducted at your facility on this ddte. I terns found to be in nen-cempllanee with IDA PA 02.114.14 aretden rifled below.
Please be aware that repent non-compliance items found to exist on the next inspection may he cause for revocatton of your permlt tn sell milk.
" Remarks:
" OJ
;: "
.;3 OIl
'" '"
E ",i "
""
E i;l
ITE:\'IIDESCRJPTrO:'ll 0 a " s
';_l Zv
1. WASTE SYSTEM " ,\,
a. Ram Waste Containment 7A J , (" - «-«: 40<'/" ,{,
, .... ;;- .-
Type: It;,::;?;, ... !
ii,' i'/," -1- .., I ~~-GJ"l": '?",
Freeboard: ?'i;,: .(~,. A I"
b. Corral/Facility Containment P '''''"JOe' r» r_j>
(J;' "' .... c/" • ,. I" _/
D In-Corral o Pond ..
c. Separation System P'>: f' hy .$t! /:>,,. ""- /.
r _. ..
d. Construction Approved i
e. Adequate Liquid Storage " .r"u.,1' , t;lr .,- ... / ., /.
.c..,_,0
f. Waste facilities Well Maintained <
xL<
g. Evidence of Past Discharge '"
h. Animals Confined From Waterways '::;-~_, C .. ;-,~.- /.,,/
...
2. NUTRLENT MANAGEMENT F . ., ,.:i".
3. Nutrient Management Plan .'>JI
I. Crop Rotation and Yield ... i" REC IV 0
2. Animal Numbers ,·'Y:l
~ 1 1
3. Barn Water Use ,. ~'Y
4. Waste Export .,(1.
b. Record Keeping Curren! id •
..::..
c. Liquid A pplication
d. Solid Application
Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that
should a repeal itemts) on non-compliance or if a significant
iterrus) is found to exist on an inspection. a reinspection shall be
requ i red a tler th e time dec med necessary to remedy the i tern (s) 0 f
non-compliance, Any significant or repeal iternts) of non-
compliance found still existing at the time of the rcinspection may
call for revocation of your permit to sell milk. If tile permit has
been revoked a rcinspection will be made when the department
has been notified that tile problem(s) has been corrected,
TNSPECTOR SIGNATURE PRODUC£.R S]GNATURE
.- /

0
IDAHO DEPARTMENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIRYING
(208)332-8550
DArRY NA~;;aem_,REir~lY DATE: ~ ~ s- o.., INSPECTION TYPE: REPEAT NON-COMPLIANCE L
GJ ROUTINE
TTME: 7 D FOLLOW-UP TIME FRAME;
# OF ANIMALS: D P.R.E-QUALIFY ING
~O I ~ C 3<!"oo S Fresh & Dry: ~ 0 QUAL1FYING DISCHARGE INSPECTION
Replacements: D OTHER
0 COMPLAINT: REVOKE MILK PERMIT
/ PLANTIPERMlT #:
. r ADMINISTRATIVE IIEARfNG
A dairy form waste facility inspection was conducted at your facility on this date. Items found to be in nnn-eompllance with mAPA 02.04.14 are identified below.
Please be aware that repeat non-compliance items found to exist on the next inspection mlly be cause for revocation of your permit to sell milk.
OJ Remarks:
<> '-'
iE ,~ ""
<I) ...
E 0. '"
~
5: 0: E ~
ITEMIDESCRlPTION c " " p
o :zu
I. WASTE SYSTEM ,> F~, ;';,;1 L 'Qc;.,. r "')',r" ...- I 0/ ,.
,<1
a. Bam Waste Containment 4.>r :1,/
[,1,',0 < i~"'"
Type: ,< "; 'Ll
Freeboard: !""0' r-,i:Ci;J.h ..:Ir
b. Corral/Facility Containment K.j"> K:-,) ""-J~ ../ .Ie.. h~
DIn-Corral D Pond 1,';11'; t~;, / /.. I
.+,
c. Separation System V ... J.I., <:1,_. /)', > e ./_ ;-
',}' '-/
d. Construction Approved :,)
c. Adequate Liquid Storage ,'I: I;) "; .(<" Sc.j>'''_~" -I"
f. Waste Facilities Well Maintained t' :
g. Evidence of Past Discharge I::' r: .......... I ~./'-'"' J
""'w
h. Animals Confined From Waterways
2. NUTRLENT MAAAG£MENT [r":" .'"kfM, ~"··";l 1_':;tJ /; .
" ~ ..J..-~ .. - /
-
a. Nutrient Management Plan I~
I. Crop Rotation and Yield [:mt b
<::..a '" I 6/ 9'-/S·O
2. Animal Numbers f,,~* 'I'
3. Bam Water Use ~
4. Waste Export 1,;',}i:TI
,
b. Record Keeping Current I:h,t, RECEIVED
d. Solid Application SEP 02 2009
Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that 0 lRY BU""'a-AU
should a repeat itcmts) on Don-compliance or if a significant
item(s) is found to exist on an inspection, a reinspection shall be
required after the time deemed necessary to remedy the itemts) of
non-compliance. Any significant or repeat item(s) or non-
compliance found still existing at [he time of the rcinspection may
call for revocation or your permit to sell milk. If the permit has
been revoked a reinspection will be made when the department
has been notified LIM the problerrus) has been corrected. )~
INSPECTOR SIGNATURE PRODUCER SIGNATURE /
.. IDAHO DEPARThIENT OF AGRICULTURE BUREAU OF DAIRYING

PO BOX 790, BOISE 10 83701-0790 (208)332-8550


DAIRY NAMElOWNERfADDRESS/CITY

REPEAT NON-COMPLIANCE

DA

7-<.,~a9 IU·. :JGI,If/,'-l

TIME FRAME:

INSPECTION TYPE:

o ROUTINE

o FOLLOW-UP

o PRE-QUALITYTNG

o QUALIFYING ~ OTHER

o COM1U AThJ.T: ,/\.r)li",!,}7J- -1""([ -e ~.,h' #' ......

nSO

'1., · ..... 2

~ -

DISCHARGE INSPECTION

A dairy farm waste facility inspection was conducted at your facility on this date. Items found to be in non-cemphanee with mAPA 02.04.14 are identified below. Please be aware that repeat non-compliance items found to exist on the next inspection may be cause for revocation of you r permit to sclJ milk.

Remarks:

ITEMID I!:SCRlPTlON

1. WASTE SYSTEM

a. Barn Waste Containment

Type:

'F reeboard:


DIn-Corral 0 Pond


d, Construction Approved


f. Waste Facilities Well Maintained

g. Evidence of Past Discharge


2. NUTRIENT MANAGEMENT


1. Crop Rotation and Yield

2. Animal Numbers

3. Barn Water Use

4. Waste Export

b. Record Keeping Current



Idaho Rules Governing Dairy Waste, lDAPA 02.04.14 state that should a repeat item(s) on non-compliance or if a significant item(s) is found to exist on an inspection, a reinspection shall be required after the time deemed necessary to remedy the item(s) of non-compliance, Any significant or repeat item(s) of noncompliance found still existing at the time of the reinspection may call for revocation of your permit to sell milk. I f the permit has been revoked a reinspection will be made when the department has been notified that the problem(s) has been corrected.

INSPECTOR SIGNA

.sl>~ I .s .. -r ,~ --I r. ...... If .r. ~..vl'~ ;tGlQ S 4"",
~ (;JC>'I'(, ,,·to ""'I"'>· r.'.t I) fi. ' 'il.
zo·c. t9 a~'
,z, s.'B , ;;. ~
IS I .:z. (. ,0<.0>
, (;. ",n I ,\, 'I RECEIVED
17 liZ , &.0 Go JUl 292009
~ '7~ I 2.,: DAIRY BUREAU
6- '94., I'" "I
-z.~ >' t -:.c. ~ <::¢lo'.-/~a .sJ

b.>' "Ii .• < •

~.-;..I .. ~ 19 '-..1 .. -#~, I::/} t .'''' J

"" ;i ;7 'I r « .,I :. ~. , .•

, j'

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

1200 Sixth Avenue, Suite 900 Seattle, Washi ngton981 01-3140

Reply to: OCE-133

JUN z 4 2009

CERTIFIED MAIL· RETURN RECEIPT REQUESTED WARNING LETTER

RECEIVED JUN 2 9 2009 DAIRY BUREAU

Don Aardema Jr., Owner Aardema Dairy #2

2306 East 3600 South Wendell, Idaho 83355

Re: March 10,2009, NPDES Compliance Inspection NPDES Number: IDG 010146

Dear Mr. Aardema:

On March 10,2009, the U.S. Environmental Protection Agency (EPA) inspected your facility in Wendell, Idaho, to determine its compliance with the Clean Water Act (CWA). I would like to express my appreciation for your staffs time ana cooperation during the Inspection.

At the time of inspection, the inspector noted that your facility confined approximately 1,950 animals. This met the federal definition of a large Concentrated Animal Feeding Operation (CAFO). The inspector also noted the following area of concern.

Area of Concern

Potential Discharge: On the north side of the facility between the northern most confinement pen and irrigation ditch, the inspector found areas of straw along the ditch bank and in the irrigation ditch. The inspector noted this was possibly from feed trucks pushing the material into the ditch.

Be advised that any discharge from a production area to waters of the United States is a violation of section 301(a) of the CWA. Your potential to discharge will require you (Q either permanently remove this potential to discharge or submit a Notice of Intent (NOI) for continued coverage under the upcoming CAFO General Permit for Idaho.

2

Within thirty (30) days of receipt of this letter, you must identify what steps you have taken to address the above noted area of concern. Please send your repl y to:

Steven Potokar

U.S. EPA Region 10

1200 Sixth Avenue, Suite 900 Mail Stop, OCE~133

Seattle, W A 98101

Please do not hesitate to contact us with any questions regarding this letter or other matters related to your compliance with the CW A. If you have any questions concerning this matter, please call Steven Potokar, CAFO Enforcement Coordinator, at (206) 553-6354. If you have questions about the federal permit process andior its applicability to your facility, please call Nicholas Peak at (208) 378-5765.

Sincerely,

frrY Kimberly A. Ogle, Manager NPDES Compliance Unit

cc: Marv Patten, ISDA

{;/
TOAHODEPARTMENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAJRYLNG
PO BOX 790, BOISE TO 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DAIRY N AMEiOWN ERI ADDRESS/CITY DATE: ... INSPECTION TYPE: REPEAT l\QN·COMPLlANCE L
-#"2 D ROUTINE
.,q# ) TIME: D FOLLOW·up TIME FRAME:
---- # OF AN1MALS: D PRE-QUALJ I'Y ING
Fresh & Dry: D QUALIFYING D[Sc}IARGE Il'{SPECTION
".. Replacements: D OTHER
PLANT'PERMIT It: G F fo:Jt/ 0 COMl'LAINT: REVOK.E; MILK PI3RMIT
ADMTNISTRATIVE HEAR1NG
A dairy (arm-waste facility inspection was conducted at your facility 0[1 this dat~. Items found to be in [Ion-compliance with IDAPA 02.04.14 lire ldentlfled below.
Please be awa re thut repeat non-cumpliance ite.ms fouod to c\ist on the next inspection mal' be cause for revoeatlon of your permit to sell milk.
oJ Remark>:
<) "
'E e
OJ .s 2,"
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lTEIVUDIiSCRlPT ION u ZU .-
ILfM t1 ;h; I"<~t
I. W ASTIL SYSTEM '~
_," I~' "
a, Bam Waste Containment
Type: t~ 'ilK" l,~~'ili
:,,"
-F reebo ard : ~'';; f~"
Corral/Facil ity Contai nrnont ,
b.
0 ln-Corral D.Pond r~I~~ " t;t"
.e '"",
0 ..
d. Construction Approved ~:,E~
e. A de Quale Li qui d ~ to-age :'4#'''''
"V
F, Waste Facilities Well Maintained
g. Evidence Of Past Discharge f£ ?ir
Iw
:m",'f .: ,~ T r /'
2. I\UTRIENT M,ANAGEMENT I." ",'(-
lss, ..
a, N utrient Management Plan
.s
,'55'X; fJ
I. CTOP Rota lion an d Y i el d "
2. Animal Numbers l'm~
~ :
3. Barn Water Use ~&' /
~. Waste Export
.. '
h_ Record Keeping Current 1m, wi;
, 5,
C. Liqu id A pp licatiou Recel
VED
JUN 3 0 2U09
ldahc Rules Governing Dairy Waste, LDAPA 02.04. 14 state that DAIRY BUREAU
should H repeal itcmts) on lion-compliance or if a SIgnificant
itenus) i~ round to exist on an inspection, 3 reinspection shall be
required af'i'er the. time.deemed UCCGssary 10 remedy the itcrms) of
non-compliance. Any signi ficant or repeat iremts) of non-
compliance fuund still existing at the lime of [he rcinspcctiou may
call for revocation of your permit to sell milk. If the permit has
been revoked a relnspection will be made when the department
has been notified thai the problcnus) h85 been corrected.
INSl'ECTOR SIGNATURE PRODUCER SIGNATURE -----------------------------

Dairy and Beef CAFO Programs

IDAHO STATE DEPARTMENT OF AGRICULTURE Animal Industries

June 8, 2009

Ms. Judy Daubner-Davis Administrator

Gooding County

Planning and Zoning Commission PO Box417

Gooding, ID 83330

RE: Aardema Dairy #2

Dear Ms. Daubner-Davis:

The exposed rock (rock outcrop) located in the corral at Aardema Dairy #2 at 2015 E 3600 S has been covered with a minimum of 1 foot of dirt as required.

This minimum coverage will be maintained by the owner and the dairy inspector will continue to verify compliance over time.

If you require further information regarding this site determination, please feel free to contact me.

. ilderback, P.E.

ection Manager, Dairy and Beef CAFO Programs

cc:

Donell Fluckiger, P.E.

Idaho Soil Conservation Commission 310 West Nez Perce Avenue Jerome, ID 83338

J. Wing, Dairy Inspector

V Aardema Dairy #2: Dairy File

"Serving consumers and agriculture by safeguarding the public, plants, animals and the environment through education and regulation."

ISDA Engineering Services. PO Box 790 • Boise, ID 83701. (208) 332·8500 • (208) 334·3637 (Fax)

Page 1 of I

~~====~==============================~~

Facility Name: 1'\ \ 1 r ... " Lr \1 ~ , l

Owner: , ,<tJ...Yw"'"",

A?dress:. _ 3(.0 0 0 S )7 lD F:::

CI~Y/S e/zlp: ~6.J...\\ 'l.."\:::> Pho e Number:

Sie:" l

Facility meets the following siting requirements:
1. 100' or more from a stream or draih? Y N
2. 100' from a private domestic well? Y" N
I" Y
3. 1000' from a public well? , N
4. 100' from any residence? y N N/A NfA NlA NJA

) ~

CONSTRUCTION INSPECTION REPORT

Idaho State Department of Agrftiultu e E ~ " e '" Animal Industries Division

PO Box 790, Boise Id 83701-0j!AY 2 2 2009 (208) 332-8560 334-4062(Fax)

DATE;

CONTRACTOR;

PHONE: 2, I~ I

INSPECTION TYPE: 0 DURING CONSTRUCTION

0'" FINAL

Earthen Storage Pond

Concrete Storage Pond

Top soil & vegetation cleared from site? Y N

Excavation Equipment used: --=------=-"""'F""-(,.__----

N/A

Core trench installed?

N

NfA

Rock encountered during excavation:

None Bedrock "Floaters" Gravel

Soli consistent with analysis?

Y

N/A

How deep was excavation from ground surface? _

N N

N/A N/A

y y

2' separation from water table? 1'+ soil cap over rock?

II soil liner used, minimum thickness is: __ ___[_ _

Embankment lift Thickness: ---,-- _

Compaction Equipment: ---"'--4~_.....---- PasseslLilt:

A roximate moisture content of soil durin

Earthen Bermlng Runoff Diversion Berms/Ditches in place? Runoff Containment Berms In place?

, Berm Construction is adequate?

Berm height ---!;........ It.

y y

'"'1

N N N

_Inside Pond Dimensions

Top Length --'-- __ • x Top Width ) 'x Depth

Bottom Length ' x Bottom Width _

Inside Slope _'_:1 Outside Slope ~:1 Berm Width I ')

Topsoil & vegetalion.Cleared from site? Y Free draining base under slab? Y Slab thickness: ~~ .. A~inforcement: Fiber

N

NlA

N. WWF

None Tortuous Path

Water stop installed: PVC/RLtbber

Belonite

Wall Height __ ' Wall Thicl<::~ess --r-" with # ~rebar @ _" OC

Wall backfilled with free draining materjal? Y N N/A

Contraction joints installed? Y

N

Spacing: __ 'x __ '

Synthetic Liner Storage Pond

Liner specs & plans appro¥efi by: ISO), NRCS Not Approved

Sand or other bedding material placed under linel'r Y

N

Liner is:

Liner is:

___ .one piece seamed by laclory personnel

___ UV protected Capped with __ • of soil

Comments

This inspection does not constltu1e county approval of this facility. Consull your county planning department regarding additional county requirements.

Soil Analysis Compleled by: NRGS Lab = IS, NIA

Limiting Soil Depth: by Rock? Watefll.. soli?J"

Liner Required?

y

N

Clay content 01 soil or soil liner: c - <;:! .3'",

Maximum Excavation Depth Allowed: _

Has facility been properly sized? Y

N

Construction:

by: NRCS

ISDA

UOFI Testing

-r ,0 Approved

OTHER7-'L...:...::a.:..;......:....: te:..:{,_

J [J Not Approved - Action Required (see comments)

Soil Sample Results:

Description

r', ,\ <~S

Clay (UF)

Penetrometer

__ ....L_

Goldenrod/I nspector

White/ProdUcer

Yellow/Bu reau

Inspector Signature:

Contractor Si,gnature

Producer Signature

Pink/Engineering Services

1

IDAHO DEPARTMENT OF AGRTCUL TURE DAIRY FARM WASTE
BUREAU OF DAIRYING
PO BOX 790, BOISE ill ))370l-0790 FACILITY INSPECTION REPORT
(208)332-8550
DAIR Y NAff£.:t~2~DRES~'g_ DATE: y /'Y Q? INSPECTION TYPE: REPEAT NON-COMPLJANCb L
0 ROUTINE
" TlME: $1 D FOLLOW-UP
I TIME FRAME:
# OF ANIMALS: D PRE-QU All F'{ThO
-z. Fresh & Dry; D QUALIfYLNG DISCHARGE rNSPECTION
- D OTHER
Rep lacerncnts:
PLANT/PERMIT #9 F7D!)c( 0 COMPLAiNT: REVOK!:; MlLK PERMIT
ADMlNISTRAT1VE HEARING
A dairy farm waste facility inspectiol) WPS conducted at your facility on this date. Items found to be in non-compliance with fD .. '\PA 02.04.14 are identified below.
Please be aware that repeat non-compliance items found to exist on the next inspection may be cause fnr revocanon of your permit to sell milk.
o Remarks:
u u
~ -~ e!'
Q.. "
'= ""
E 8 ~
11'E IVlIDfi.SCRIPTlON 8 o 0 (5
zu L
1. WASTE SYSTEM .'.; ill
Type: ,-,: ;' ,i : .•..•
~.~."' .....
Freeboard: :£" '-:U~;)
k,r*''\'
D In-Corral DPond [,l ,~:
d. Construction Approved "'1'
~~d
e. Adequate Liquid Storage r,:x
~
J: Waste Facilities Well Maintained -
r--r-
g. Evidence of Past Discharge I<
2. NUTRIENT MA/liAGEI\IEl\T g
i'''' J I
•
a. Nutrient Management Plan .ru;
1. Crop Rotation and Yield '_i: '
2. Animal Number.
3. Barn Water U,e 88
I
4_ Waste Export \' ....
b. Record Keeping Current :~ ... ~
Idaho Rules Governing Dairy Waste, iDAPA 02.04. 14 state that
should a repeat itemls] on non-compliance or if a significant
iterrus] is round to exist on an inspection, a rcinspection shall be
required after the lime deemed necessary 10 remedy the itern/s) of
non-compliance. Any signi ficant or repeat itern(s) of DOD-
compliance found still existing at the time of the reinspection may
call for revocation of your permir io sell milk. If the permit has
has been notified that the problernts) has been corrected
lNSPECTOR SIGNATURE_. PRODUCER SIGNATURE
~ ,(1 \ I," k,
c: r)/
BUREAU OF DAIRYING
(208)332-8550
DAIRY NAME/OWNERIADDRESSICITY DATE: "Z/ ~ Iii' i' INSPECTION TYPE: REPEAT NON-COMPLIANCE L
0 ROUTINE
)4* ......... I TiME: 0 FOLLOW-UP TiME FRAME:
1"1 "V # OF ANIMALS: 0 PRE-QUALlFYING
S Fresh & Dry: S:O 0 QUAL[~G DI SCI1ARG.E IN SPECTlQN
~ C -:r Replacements: 0 OTHER
0 COMPLALNT: REVOKE MILK PERt-liT
~ PlANTfPER MIT #:
ADIvflNfSTRATIVE HEARING
A dairy farm waste facility inspection was conducted at your facility on this date. Items found to be in non-cemphance with IDAPA 02.04.14 are ldentlfled helow.
Please be aware that repeal non-cumpliance items found to exist on the next inspection may be cause for revncatinn of your permit to sell milk.
OJ Remarks:
E " ~
"
OJ ee
E 'E. '"
E § a '§
e is
ITEYlfOESCR WHON u ZU
I. WASTE SYSTEM L :,+ ILj,,;~; L; .4> "/
,
a. Bam Was[~ Containment cr
.,r
Type: ,," .. ,,;,:.,U m;~~J~ ';*Mf,
Freeboard: >' :"':'. f' t/~;~~
, .,
b. Corral/f aci I i ty Containment E,. ,. A , ~ ... tJJ ..
... -
DIn-Corral o Pond "" ,. .,
. .:.:i:C; /,
; ./ .4
d. Construction Approved ,.: .. B:;, .. I I s:
,
c. Adequate Liquid Storage ;,y
f. Waste Facilities Well Maintained >t\.1
•. 111<.
"
g. Evidence of Past Discharge ~L K. C", ___ ..
11, Animals Confined from Waterways I .I
/ l.; A
." " ,1:
2. NUTRIE:-.IT MA~ACEME~T ,J;' ~
. I
,. " ,.r;"' ... r-.
a, Nutrient Management Plan • ~
'"<"
I. Crop Rotation and Yield ':~: ....
r= I
2. Animal Numbers
,
,
3. Bam Water Use
4. Waste Export $', eI
c.u--. •
b. Record Keeping Curren! . 1\. I " _ • .,i
.. ~
c. Liquid Application C,.. .. ..I, " -I ....I
v .1
r
d. Solid Application '"
C I~ /. ,J.. I~
Idaho Rules Governing Dairy Waste, lDAPA 02.04.14 state that,
should a repeat iternfs) on non-compliance or If a significant ..J(.J
itcm(s) is found to exist Oil an inspection, a reinspection shall he ,. rr
required after the lime deemed necessary to remedy the itcrnts) of
non-compliance, Any significant or repeal itemis) of non-
compliance found still existing at the time of the rcinspection may t'" ... 4" r e> "".-_y.
call for revocation of your permit to sell milk If the permit has
been revoked a reinspeciion will be made when the department
has been notified that the problcmrs) has been corrected.
lNSPECTOR SIGNATURE PRODUCER SlGNATURE
,f(_ ST A TE OF IDAHO

DEPARTMENT OF AGRIGlTLTURE

C.L. "BUTCH" OTTER

Governor

CELIA R. GOULD

Director

August 18,2008

Judy Davis

Gooding County P&Z County Courthouse 624 Main St Gooding, Id 83330

Via Facsimile 934-4408

RE: Aardema ll Dairy Proposal (Aardema Jerseys)

Dear Ms. Davis:

The Idaho State Department of Agriculture (ISDA) has reviewed Aardema Il Dairy, Nutrient Management Plan and the site plan prepared by AgTec Engineering and Environmental Associates. These plans comply with applicable state requirements.

If/when Gooding County approves this proposed expansion, ISDA will review the project for compliance with applicable state environmental requirements. This facility is in compliance with ISDA environmental requirements.

Please contact this office if you have any questions.

Sincerely,

Marv Patten, Chief Dairy & CAFO Bureau

cc: Lynn Godfrey, State Dairy Inspector Hilary Simpson, Nutrient Management Services Donell Fluckiger, Engineering Services Mike Wiggs, Dairy Program Manager

Ron Aardema

Matt Thompson/Dustin Olsen, AgTec

2270 Old Penitentiary Road' P.O. Box 790· Boise, Idaho 83701 • (208) 332-8500' www.agri.idaho.gov

STATE OP I

DEPARTMENT Of AGRICULTURE

C.L. "BUTCH" OTTER Governor CELlA R. GOULD Director

August 18,2008

Judy Davis

Gooding County P&Z County Courthouse 624 Main St Gooding, Id 83330

Via Facsimile - 934-4408

RE: AardemaII Dairy Proposal (Aardema Jerseys)

Dear Ms. Davis:

The Idaho State Department of Agriculture (ISDA) has reviewed Aardema II Dairy, Nutrient Management Plan and the site plan prepared by AgTec Engineering and Environmental Associates. These plans comply with applicable state requirements.

If/when Gooding County approves this proposed expansion, ISDA will review the project for compliance with applicable state environmental requirements. This facility is in compliance with ISDA environmental requirements.

Please contact this office if you have any questions.

Sincerely,

Marv Patten, Chief Dairy & CAPO Bureau

cc: Lynn Godfrey, State Dairy Inspector Hilary Simpson, Nutrient Management Services Dorrell Fluckiger, Engineering Services Mike Wiggs, Dairy Program Manager Ron Aardema

Matt Thompson/Dustin Olsen, AgTec

2270 Old Penitentiary Road • P.O. Box 790· Boise, Idaho 83701 • (208) 332-8500 • www.agri.idaho.gov

!l(

IDAHO DEPARTMENT OF AGR[CUL TURE BUREAU OF DAJRYING

PO BOX 790, BOISE In 83701-0790 (208)332-8550

DAlRYFARMWASTE FACILITY INSPECT10N REPORT

DAIRY NAMEfO\VNER/ADDRESSICITY

II

TNSPECTION TYPE:

o ROUTINE

o FOLLOW-UP

o PRE-QUALlFYlNG

o QUAUFYII\'G

o OTHER

o COMPLAINT:

REVOKE M]LK PERMIT

DATE:

TIME:

If Of ANIMALS:

ADMIN1STRA rrvs IlEA RTNG

REPEAT NON·COMPLlANCE L TfMEFRAME:

DISCHARGE INSPECTlON

PLA NTfI'ERMIT #:

Replacements: ~

A da.iry [ann waste facility inspection was conducted at your facility on this date. lrems found to be in nun-compnance with IDAPA 02.1)4.14 are identified below. Please be aware that repeat nen-compllanee item. found to exist on the next inspection may be cause for revocation of your permit to sell milk.

11]~MfDESCRlJ>l'ION

1. WASTE SYSTEM


Type:

Freeboard:

b. Corral/Facil ity Containment

o In-Corral 0 Pond







2, NUTRIENT MANAGE;\1E:-fT



2. Animal Numbers

3. Barn Water Use

4. Waste Export

b. R ceo rd Kce ping Curren r



Idaho Rules Governing Dairy Waste, lDAPA 02.04. L4 state that should a repeat itcrnts) OLl lion-compliance or if a significant item(s) is found (0 exist on an inspection, a reinspecricn shall be required after the time deemed necessary to remedy the iternts) of non-compliance, Any signi ficant or repeat ile1l1(s) of 11011- compliance found still existing at the lime of the reiuspccrion may call for revocation of your permit to sell rni lk. If the permit has been revoked a rei nspection will be made when [he department has been notified that the problcnus) has been corrected,

Remarks:

/V.,.,.. I L ., .. ~~ It r "",rr r:
<:"u .. , I ...Ic.~ .. "'6- I v>G'1 .1 ..... ~
"l' Co s / ):'/'c::._ _J .. r..,~ J RECEIVED

AUG 1 U 2008

DAIRY BUREAU

INSPECTOR SIGNATURE

PRODUCER SiGNATURE

Page 1 of 1

Martha Walbey

From:

Sent:

To:

Dustin Olsen [dustin@agtec.us] Thursday, August 14, 2008 10:35 AM Marv Patten

Subject: Letter for Aardema Jerseys

Attachments: SITE PLAN.pdf

Marv, attached is a site plan showing the proposed changes on the "Aardema Jerseys" dairy. They are wanting to add two new corrals in the northwest corner of the facility that will house an additional 300 milk cows. They are also going to site additional feed storage areas and a new lagoon on the west side of the existing facll ity. If you have any questions please give me a

call. We need a letter from ISDA for the permit application. The Gooding County ordinance requires us to provide a letter of compliance from ISDA, stating that the CAFO has an approved Nutrient Management Plan, and stating whether the CAFO is operating in compliance with the approved NMP.

I just recently submitted a new NMP for the Jersey Dairy to Hilary. She has reviewed it and is just waiting on the signature page to approve it. I should be able to get Ronnie's signature tonight at a Highway District meeting that we'll be at. I'll forward it to her tomorrow. Thanks for you help!

Dusty

Dustin Olsen AGTEC

1182 Eastland Dr. N Suite A Twin Falls, 10 83301

Cell (208 }421-0217

Fax (208)7355955

8115/2008

AgTec Engineering & Environmental Associates, LLC A 1182 Eastland Dr. N. Suite A, Twin Falls 10

I

IDAHO DEPARTMENT OF AGRlCULTURE DAIRY FARM WASTE ~v-
BUREAU OF DAIRYlNG
PO BOX 790, BOISE ill R3701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DiI. lRY NAMEJOWN ERJ A DDRESSIC ITY DATE: i/z INS PECTION TYPE: REPEAT NON-COM1'LJA1\JCE L
D ROUTINE
... D
p , TlME: FOLLOW-UP TIME FRAME:
# OF ANIMALS: D PRE-QUALIFYING
E e: D QUALiFYING
<:'u I Fresh & Dry: ' ... - DISCHARGE INSPECTION
Replacements: D OTlfER
D COMPLAINT:
IJ II 7) PLANT/PERMLT #: REVOKE MILK PERMIT
1
A DMTNI STRA TIVE H~ARING
A dairy farm waste fllcUily inspection was conducted at your facility on this date. Items found to be in uou-compltanee wlth IDAPA 02.04.14 are ldeurlfled below.
Please be aware that repearnon-compllance items found to exist on the next Inspection may be cause for revocation of your permit to sell milk.
OJ Remarks:
" .~ OJ
OJ ~
E ,!, 0.. ..:::
S a ii
0 0 0 is
IT£M/DESCRIPnON .;_.) zu
1. WASTE SYSTEM . ..:: !3>; L .... / 76
I·. , e.. -
\
a. Bam Waste Containment ..r
~; e:. "/ ,,/
Type: .-
Freeboard: .' ';:
"
b. Corral/Facility Containment ~ h ~
lil(,w ./
Din-Corral o Pond ;
d. Construction Approved If<)
f. Waste Facilities Well Maintained ;(
g. Evidence of Past Discharge .J.
h. Animals Confined From 'Waterways
2. NUTRIENT MANAGEMENT ,. K
a. Nutrient Management Plan ' .. ;;
I. Crop Rotation and Yield J
0
2. Animal Numbers
-:
3. Bam Water Use I'
4. Waste Export c.c.'
b. Record Keeping Current . ....... ;;""
Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that RECEIVED
should a repeal itemts) on non-compliance or if a significant APR 29 2008
iterrus) is found (0 exist on an inspection, a reinspect ion shall be
required after the lime deemed necessary to remedy the itcrnts) of
non-compliance. Any significant or repeal item(s) of non- DAIRY BUREAU
compliance found still existing at the time of the rcinspection may
call for revocation of your permit 10 sell milk. lf the permit has
has been notified that the problerrus) has been corrected.
INSPECTOR SIGNATURE PRODUCER SIGNATURE ~~==================================================~

IDAHO DEPARTMENT OF AGR]CU L TURE

BUREAU OF DAIRYING PO BOX 790, BOISE TD 83701-0790 (208)332-8550


DAlR Y NAMEIO IVNERI ADDRESS/C ITY

ADM1NISTRATfVE HEARING

DATE: "" IS I "7

?,...

REPEAT NON-CQMPLI A~CE L TIME FRAME:

INSPECTION TYPE:

D ROUTINE D FOLLOW,UP

D PRE,QUALI,FYING D QUALIFYING

D OTHER

D COMPLAil'IT:

r - - # I TLME:
# OF ANI1v1ALS:
~Q'S t. ~ Fresh & Dry:
Replacements:
,... I'LANT/PERlvIlT #: DISCHARGE INSPECTION

REVOKE MILK PERMIT

A dalry Iarrn waste facility inspe-ction was conducted at yourfactltty on this date, Items foupd to hein nun-compliance wttb LDAPA 02.04.14 are identifled below. Please be aware that repeat non-compliance items round to exist lin the next inspection Dlay be cause for revncation of your permit to sell milk.

I'fEVIID [SCR1 PTION

Remarks:

_.

I. W ASTI!: SYSTE M


:;..'.

Type:

, I

freeboard:

b. Corral/Faei I ity Containment

D In-Corral D Pond


,"* !lii,%f
!R ,'" ",,,ij , '¥<
,B $" ,sS:
,~M i)£ -i'il
'&
>!P
P"
:"1');\
m,
'icC,
I+~ ~6W i'Jt i
l~ 'f
, i, J
~ • < ,::4
J:
,&:""
"',
",\
, :0""'
~>ii;i '-"I



f Waste Facilities Well Maintained


h. Animal> Confined From Waterways

2. NUTR1ENT .\1 A NAGE:VI ENT


I. Crop Rotation ami Yield

2. Animal Numbers

3. BarnWater Use

4. Waste Export

b. R-ecord Keeping ClUTeUt


<.1. Solid Application

Idaho Rules Governing Dairy Waste, mAPA 02.04.14 state that should a repeal i tem(sl on non-compliance or if a s igni flcam item(s) is found [0 exist on an inspection, a reinspection shall be required after the time deemed necessary to remedy tbe iterrus] of non-cornpli ance, Any signi licant or repeat itcmts) of noncompliance found still existing at rhe time of the reinspection may call for revocation or your permit to sel f mi Ik. I f LIte permi [ has been revoked a reinspection will be made when the department has been notified that the problernts) has been corrected.

AECEI VED DEC Z!j 2001

DAIRY RI IR"='t,.p

lNSPBCTOR SIGNATUR.E;

PRODUCER SIGNA Ttl R.E

BUREAU OF DAIRYING
(208)332-8550
DAIR Y NAME/OWN £RI ADDRESS/CITY DATE: q#/"~/ ...... G- "7 II'ISPECUON TYPE: REPEAT NON-COMPUANCE L
o ROUTINE
I - e: ~y TIME: 0 FOLLOW-UP TIME FRAME:
S # or ANIMALS: 0 PRE"Q1JALlFYING
""Z.GJ/ S <' ~ Fresh & Dry: Z 0 QUALlFY1NG OISCHARGE )J\JSPELLION
Replacements: , 0 OTHER
.,._____ 0 COMPLAINT:
1 A I~ PLANT/PERMIT .Ii; REVOKE MILK PERMl'f
ADMINISTRA TIVE HEARING
A dairy farm waste facility inspection was conducted at your facility 011 this date. ltems found to be in nun-ccmplianee wlth [DAPA 02.04.14 are identified below.
Please be aware that repeat non-compliance items found to exist on the next inspection may be cause for revocation of your permit to sell milk.
01 Remarks:
0; '" '"
'"
" .9 ~
~ i "
5 <': ~ L~tJ- /,1
0 o 0 "0 r: /,;7?1t • ,-
IT El\-lfDESCIUPTlQN u zu ,,;;
1. WASTE SYSTEM ,", '" ~.
•. ,><., ., I·
a. Bam Waste Containment V Or .c:,. r'~
Type: » '. I~.>
.' "
freeboard: ',' i""C ;f
~ :, . : /~ ~
b. Corral/Facility Containment 6/."._ ~ /~"'-./
o In-Corral o Pond .:
d. Construction Approved ~JI!
e. Adequate Liquid Storage -
I 2. NUTRIENT MANAGEMENT "" .,.J
; ,
J. Crop Rotation and Yield :1,
2. Animal Numbers
J. Barn Water Use 'i •.
.;
4. Waste Export
b. Record Keeping Current "0
Idaho Rules Governing Dairy Waste. IDAPA 02.04.14 state that
should a repeat itclll(s) on non-compliance or if a significant RECEIVED
item(s) is found to exist on an inspection. a reinspection shall be
required after the lime deemed necessary to remedy the item(s) of
non-compliance. Any significant or repeat item(s) of non- SEP 04 2007
compliance found still existing at the time of the reinspcction may
call for revocation OfyOUT permit to sell milk. If the permit has DAIRY BUREAU
I been revoked a reinspection will be made when the department
has been notified that the problem(s) has been corrected.
INSPECTOR SIGNATURE PROPl!CER S LGNA TUR E
I MAGIC VALLEY LABS 210 ADDISON AVE TWIN FALLS, 1083301 208-733-4250

Laboratory Supervisor: Brenda Ellis

PWS #: 5550010

DEPT. OF AGI BUREAU OF DAIRYING BOX 790

BOISE 10 83701

LAB 10 # 10000911

COLIFORM BACTERIA ANALYSIS REPORT

Date Collected 7/26/2007

Time Collected 9:00:00 AM

Date Received 7/27/2007

Time Received 9:45:00 AM

Sample # 307699831

Type

Location AARDEMA NDA 33407 SW

Collector LYNN GODFREY

Chlorine Residual: ppm Date of Original Positive:

Copy:

Test Performed Method Result

Total Coliform

SM9223BCS

ABSENT

Completed Date: 7/28/2007 Analyst: RB

Analyzed: Date 7/27/2007 Time 3:00:00 PM

RECEIVEL AUG 0 1 2007

DAIRY BURE./H'

1

v

IDAHO DEPARTMENT OP AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIRYING
(208)332-8550
DAIRY NAMEIO\VNERlADDRESSiCITY DATE: !,til .., INSPECTION TYPE: REPEA T NON -COIVrPLlA NCE L
0 ROUTINE
" .,. TIME: 0 FOLLOW-UP TlMEFRAME:
# OF ANIl'y1ALS: 0 PRE-QUA UFYING
IS ~ Fresh & Dry: '" 0 QUALIFYING
0 OTHER DISCHARGE INSPECTION
Replacements:
0 CO MPLAIl'..rT: REVOKE MILK PERMIT
PLANT/PERMLT if:
ADMiNISTRATIVE HEARING
A dairy farm waste faciltty inspection was conducted at your facility on this dare. Hems found to be in non-compliance with IDAPA 02.04.14 lire identified below.
Please be aware that repeat non-compliance items found to exist on the next inspection may be cause for revocation of your pennit to sell milk.
S Remarks:
.,
1:: ;j OIl
o '" (;j
§ ~ @ -"
~
0 0 is
ITEMIDESCRIPTION u z;u
1. WASTE SYSTEM ~ J.
;
Type: I , o G /
Freeboard: ':
.u ,I ,-
b. Corral/Facility Containment '" I;
D In-Corral o Pond ill
e. Separation System cA
d. Constrnction Approved c, _0,
c. Adequate Liquid Storage
f. Waste Facilities Well Maintained ' ~
/. ~ ,_.~
s Evidence or Past Discharge "' .. - f" ",.
h. Animals Confined From Waterways 0 b
( I" I < ...
'~1'!" J.. ..
2. NUTRJENT I\1ANAGEl\-fENT ,
a. Nutrient Management Plan l# ./ r::
2. Animal Numbers
3. Bam Water Usc J I' r"
4. Waste Export 1"", I h
I W
c. Liquid Application RECEIVED
..
APR 3 0 Za07
Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that DAIA'V BUREAU
should a repeat iteru(s) on non-compliance or if a significant
item(s) is found to exist on an inspection, a rcinspection shall be
required after the time deemed necessary 10 remedy the itemts) of
non-compliance. Any significant or repeat rterrns) of non-
compliance found still existing at the time of the reinspect ion may
call for revocation of your permit It) sell milk. lf the permit has
been revoked a rcinspcction will be made when the department
has been notified thai the problerrus) has been corrected.
INSPECTOR SIGNATURE PR,ODLICER SIGNATURE
'I DI /

lOA] 10 DEPARTMENT OF AGRJCUL TURE DAIRY FARM WASTE
BUREAU OF DAIRYING
(208)332-8550
DAIRY NAl"tE/OWNERIADDRESSICITY DATE: '2./z1 /o c TNSPECTION TYPE: REPEAT NON-COMPUANCE L
0 ROUTINE
- TIME: 0 POLLOW-UP TIME FRAME:
# OF ANIMALS: 0 PRE-QUALlFYING
C Fresh & Dry: 0 QUALIFYING DISCHARGE INSPECTION
R g:>_Iacerncnts: 0 OTHER
0 COMPLAINT:
t PLANT!PERMIT #: REVOKE MILK PERMIT
ADMTNISTRA TTVE HEARING
A dairy farm waste facility inspection was conducted at your facility on this date. Items found to be in non-compliance with ]DAPA 02.04.14 are identified below.
Please be aware that repeat non-compllance items round to exist on the next inspection may be cause for revocation of your permit to sell milk.
OJ Remarks:
<l '"
" ~
" .;3 e.o
E 0.. eo
E " E ~
JTEMJDESCRlPTIDN 0 o 0 i:5 Le.7G1<.;."
u zu
.. /: tf; ":>
I. WASTE SYS'f£l\'1
··U'.
Type: .' o /.
Freeboard: .<; . '"" .
".1
b. Corral/Facility Containment roC) I
't(> ""/ C /~
DIn-Corral o Pond .. 'l!;.'
.OL
c. Separation System 0;
d. Construction Approved '"
e. Adequate Liquid Storage .
f. Waste Facilities WeU Maintained '«~:
g. Evidence of Past Discharge l'
2. NUTRIENT MANAGEI\fE.NT L .f"
c, .. ".
8. Nutrient Management Plan
.. ,
2. Animal Numbers ri. C(.J ~ 11
3. Bam Water Usc
4. Waste Export I; /1
b. Record Keeping Current I" 'j A JJ ~
d. Solid Application I t
Idaho Rules Governing Dairy Waste, lDAPA 02.04.14 state that RECEIVE[
should a repeat item(s) on non-compliance or if a significant 6 20ne:
itcm(s) is found 10 exist on an inspection, a rcinspecrion shall be DEC 2
required after the time deemed necessary to remedy the iternts) of 73 , - C; '-I 16
nun-compliance, Any significant or repeal item(s) of non- DA1RV r-: r., 0 ,
compliance found still existing at the time of the reinspection may .' '
call for revocation of your permit to sell milk. lf the permit has
been revoked a reinspect ion will be made when the department
bas been notified thai the problem/s) has been corrected.
INSPECTOR SIGNATURE PRODUCER SIGNATURE
....... j 1

DA fRY N AME/OWNERI ADDRESS/CITY

fOAHO DEPARTMENT OF AGRICULTURE BUREAU OF DAIRY[NG

PO BOX 790, B01SB: lD 83701-0790 (208)332-8550

A dairy farm waste

Please be aware

lTEMffiESCR (PHON

l. WASTE SYSTEM


Type:

Freeboard:


o In-Corral 0 Pond


ct. Construction Approved





2. NUTRJENT MANAGEMENT


l. Crop Rotation and Yield

2. Animal Numbers

3. Barn Water Use

4. Waste Export




REPEAT NON-COMPLLANCE

INSPECTION TYPE:

o ROUTINE

o FOLLOW-UP

o PRE-QUALIFYING

o QUALIFYING

o OTHER

o CO:MJ>LAINT:

DATE:

TIME:

# OF ANIMALS: '-"

Fresh & Dry: __ -=~:...'-l=-_

TIME FRAME:

DlSCHARGE INSPECTION

at your facility on this date. Items found to be ill to exist on the next inspection may be cause

Remarks:

Lo

I~ ~~\~'f.1

\l J4\~~ I\(

-(\..h \l ~

,

J

Ih a ~~,

~\\ IOM~ ..A.< I ~~~ ... \~ ~ (<:,1\\<1 • ()'" ••

HECEIVED JUN 1 2 2006 DAIRY BUREAU


Idaho Rules Governing Dairy Wasta, TDAPA 02.0414 slate that should a repeat itcmfs) on non-compliance or if a significant item(s) is found to exist on an inspection, a reinspection shall be required after the time deemed necessary to remedy the item(s) at' non-compliance. Any significant or repeat itcm(s) of noncompliance found still existing at the time of the reinspection may call for revocation of YOUT permit to sell milk. J f the permit has been revoked a reinspecrion will be made when the department has been notified that the problem(s) has been corrected.

INSPECTOR SIGNATURE

PRODUCER SIGN A TURE

INSPECTOR SIGNATURE

PRODUCER SIGNATl,IRE

IDAHO DEPARTMENT OF AGRICULTURE BUREAU OF DAIRYING

PO BOX 790. BOISE to !l370 1-0790 (208)332-8550

DA IRY NAME/OWN SRI ADDRESS/CITY

TlME;

y r

DATE:

# OF AN[}'1ALS:


TYPE:

ROUTINE FOLLOW-UP PRE-QUALIFYING QUAUPYlNG OTHER COMPLAiNT:


TIME FRAME:


PLANTfPERMlT #:

REVOKE MILK PERM1T

ADMIN1STRATIVE HEARING

A dair)' farm waste facility inspection was conducted at your facility on this dale. Items found to be in non-compliance with IDAP Please be aware thai repeat non-compliance items found to exist on the next inspection may be cause for revocation (If your permit

rrEMIDESCRIPTION

I. WASTE SYSTEM


Type:

Freeboard:


Din-Corral 0 Pond





g_ Evidence of Past Discharge

h. Animals Confined From Waterway>




2_ Animal Numbers

3. Barn Water Usc

4. Waste Export


c, Liquid Application

1.1. Solid Application

Idaho Rules Governing Daily Waste, IDAPA 02,04.14 state [flat should a repeal ircmts) on non-compliance or if a significant iterms) is fou nd to ex ist on an inspection, a rcinspection shal 1 be required after the lime deemed necessary to remedy the item(s) of non-compliance. Any significant 01" repeat lternts) of noncompliance found still existing at the time of the reinspection may call ror revocation or your permitto sell milk. If the permit has been revoked a rcinspection will be made When the department has been notified that the problernts) has been corrected,

identified below.

Remarks:

\

I

(

L

( .::>

4.

rJ J

RECEI\ ED

DEC 2 9 2005

DAIRY BUREAU

A dairy farm waste f~.cility inspection was conducted at YOu, _. ' • .,. .hi' tl~Items found to be in non-compliance with IDAPA 02~~4~14 are identified below.

Please he aware that repeat non-compliance items found to exist on the next inspection may be cause for revocation of your permit to sell milk.

IDAHO DEPARTMENT OF AGR ICULTURE BUREAU OF DAIRYING

PO BOX 790, BmSElD 83701-0790 (208)332-8550

DArRY NAMEIOrDRESSJClTY

r ' I

ITEMlDESCRfPTION

1. WASTE SYSTITh:1

a, Barn Waste Containment


DATE: ~/I /. TNSPECTION TYPE: REPEAT NON-COMPLIANCE L
D ROUTINE
TflvfE: D FOLLOW-UP TlMEFRAME:
D PRE-QU ALIFY1NG
#OFANlMALS D QUALlFYING DlSCHi\RGE INSPECnON
0 OTHER
~U"[jl: 1</1 D COM PLA] NT: REVOKE MILK PERMIT
l ) , A OMlNlSTRA Tl VE HEARING
, tl Remarks:
C '-> II)
~ N
<:) ~ , I
E
E ~ a o
a " " .~
:zu c
.;. ." ; .:t 01'(1.
,.'.' ,.~ "
. .,~
': . ,:,. i' .. '
,
'11
" i ,
" I I

R',ti ."f

Type:

Freeboard:

b. Corral/Facility Coruainrneru

D In-Corral 0 Pond


I ~



J. 11-2_.h_N_~_:_iR_m_:~_:_:_"_::1_r~_n:_tl_:_~_:_:_;_~_:_;_\\_.a_y_s_-I- _ __,I-_+-_--:l~~


g, Evidence of Past Discharge


REceIVE D APR 1 9 ?!!' DAIRY Sllr. -,

I Crop Rotation and Yield

2, Animal Numbers

J

3. Barn Water Use

(

4. Waste Export

J

~I ') (

I~----------------------+-__,I---+--~

h. Record Keeping Current


d. Solid Appl ication

(

t

Idaho Rules Governing Dairy Waste. LDAPA 02.04.J4 state that should a repeat iterms) on non-compliance or if a significant iiemts) is found to exist on an inspection. a reinspection shall be required after the lime deemed necessary to remedy the nemrs) of non-compliance. Any significant or repent uernts) of nOI1- compliance found still existing at the lime of the reinspection may call for revocation of YOLJr permit to sell milk. If the permit has been revoked a rcinspection wiil he mottle when the department has been notified that the problemts) has been corrected,

1 NS PECTOR SIGN A TURE

PRODUCER SIGNATURE

BUREAUOF DAIRYING
PO BOX 790. BO ISE II) 1l:170 I -0790 FACILITY INSPECTION REPORT
(208)332-8550 ~ I
-
DAIRY NAMElOWNERIADDRESSI(:rry DATE: ~/13/rl~ INSPECTION TYPE: REPEAT NON-COMPLIANCE L
8 ROUTf}IE
jvCjP , !.AY-J "- TIME: . , 1 FOLLOW-UP TIlvIE FRAME:
0 PRE-Q UALlFYING
)/) G 3uru .5 # OF ANlJI.1A..l,.S ~ A1JA 0 QUALJFYING DISCHARGE INSPECTION
0 OTHER
L PLANT !PERM IT #: I 0 COMPLA P.\IT: REVOKE MILK PERMIT
I Ii - /,
AD.MINISTRATIVE HEARING
A dairy farm waste facility inspection was conducted at )'0111" facility on this date. Items found to he in non-compllanee with IDAI'A 02_04_ 14 are id~ntified below.
Please be aware thai repeat non-compliance items found to exist on the next inspection lIlay be cause fur revocation of your permit 10 sell milk.
u Remarks:
r:: c OJ
'" N{)t+h j
'" ~ 10yO~ oJ. abo..k
OJ :.::l ~%
E; 0- .t=: -
E i:: a ~
ITD1JDESCRTI'TlON 8 o 0 i:S
Z0 7.
1. WASTE SYSTEM ' ' r :' C (>dC
" .', ,L j
a, Barn Waste Containment r +-l I~~~ a+ oJ., ~ UCfo (~
- ..)fa'
Type: """ .: :,,".J:
Freeboard: J: . .llt .... ',,: R~ -bIt CAJIJ/llVri, {AKlTa,ravcY
"
b. Corr~llFacilily Cuntuinrneru
o ln-Corrul o Pond :I~ (Vr1-b[ (a+~ ~Jj~
c. Separution Syxiem
w.
d. Cunstruction Approved rG "
c. Adequate Liquid Storage r: g.
!" Waste Fa~ilitic, Well Maintained
.• T
g. Evidence of Past Discharge r'"
'""
2. NUTR1ENT MANAGEMENT ":
a, N utrient M anagcrnem Plml
I. Crop Rotation and Yield I>
2. Animal Numbers .,
3. Barn Water Use
.'~;
4. Waste Expnn ~},;!)).
i 2r~ ,Co, ,v./J d
h. Record Keepl fIg Current " \
c. Liquid Appl ication
ldaho RIdes Governing Dairy Waste, TDAPA 02.04.14 state that RECEIVED
shou ld a repeat iterru ,) on uon-comp: lance or i I' a significant ..
iterrus) if. fount! to exist on an i nspecuon, a rei nspection shall he MAY 3
required a lrer the [; me deemed nece"ary 1.0 remedy the item('J of 1 2005
non-compliance. Any 'ignifk"nt or repeat i(ern(sll'" non-
compliance found sti 1I existing al the lime of the reinspeorion may DAIRY BUREAU
call for revocation of your permit 10 sell milk, If the permit has
been revoked a rcinspcctiou wi II be made when the department
has been notified that the problemrs) has been corrected,
rNSPECTOR SIGNATURE PRODUCER SIGNATURE ......
lOAHO DEPARTMENT OF AGRfCUL TURE DAIRY' FARM WASTE
BUREAU OF DAIRYING
PO BOX 790, BOISE [0 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DAIRY NAMEIOWNERfADDRESSfCITY DATE: INS PECTION TYPE: REPEAT NON-COMPLIANCE L
, 0 ROUTrN"E
" , TJME: ",- /nf"- 0 FOLLOW-UP TrMBFRAME'
0 PRE-QU AUFY I NG
# OF ANIMALS 0 QUALIFYING DlSCHARGB INSPECTION
IU-e' /lJd-t: / / -Ie/lllio 0 OTHER
PLANTfPERMIT #: 0 COMPLAINT: REVOKE MlLK PERMIT
ADMINISTRA.TIVE HEARING
A dairy farm waste facility lnspeeuon was conducted at your facility on this date. Hems round to he in non-compliance with mAPA 02.04.14 are idclltif.jed below.
, Please be aware that repeat non-compliance items fOlind to exist un the next inspection may be cause for revocation of your permit to sell milk.
'" Remarks:
(J " ~
ij .~ e:" f' ~ ~~ ...J
~ -a "
"'"
::, E ~ ~ ~ WC0-4 ~ W
LTEMiDESCRlPTION o " Q
u ZU
l. WASTE SYSTEM , : ,% j , }';i W~ ~ If I-~ IV JA~w-

a, Barn Waste Containment (J~ ~~ ~ wc-r:;6 4.lc-4,..
Type: %", j, ...t h., ~~ ~ I~ ~ ~
""
';,t 10j,"£'i& '1\r~~
Freeboard: 'fl'R J "£.:0 ?D ~~~~ CA
~
b. Corral/Facf lry Containment ~ .s:-: c:lc-t. b.~
o In-Corral D Pond ,,:!1i. ' " .~.
jjj! .s: ~~ ~UC
~ ~
c. Separation System ~
d. Construction Approved ;%«""f ~ ~~ >~",..,.
\® ;, ~~~~A', U '1l~
e. Adequate Liq uid S ioruge
oW
r. Wasle Facilities Well Muiruained 'W,,,,,B1 ~ >J~~ ~ ~
g. Evidence of Past Discharge ~'i
h. Animals COIIJincd From Waterways ~ ~1~ W~ L m:n,
.';;{'::, "': .. ,
2. NUTRIENT MANAGE~mNT 1+,,)\ "" ~ ~ 1,1_
"v--f.H ~ ~
a. Nutrient Management PI~n [rW ...-- -
~ , ~ LOO~
I. Crop Rotation and Yield ~ 71~~
zy
2. Animal Numbers ~ f1 A .i;» 3 I b
... ~.......- / -Gc...
3. Barn Water Use I~,:
"
4. Waste Export ffl
b. Record Keeping Curren! iMl"-"" ~ ~ t/~
<..-:> 0
c. Liquid Application I
d. Solid Application '1 t1J~ tf'~A-r~ ~

ldaho Rules Governing Dai ry Waste. lDAPA 02.04. 14 state thai RECEIVED
should [0 repem itcmts] ()O non-compliance or if a significant
iternts) i, found In exist on an inspection, a reinspection shall be
reg u ired after I he I i me dee med 0 eces sary to rerned y the i ie m (8) o f FEB 2
non-compliance. Any significant or repeal i temts) of non- S 2005
compliance found sli II existing ar the lime of the reinspcctlon may
call for revocation of your permit to sell rni lk, If the permit has DAIRY BUREAU
been revoked a reinspcction will be made when the department
hu~ been notified that the problernrs) has been corrected,
INSPECTOR SIGNATURE PRODUCER SLGNATURE IDAHO DEPARTMENT OF AGR1COL TURE DAIRY FARM WASTE
BUREAU OF DAIRYING
(208)332-fl550 ,
DALRY NAMEIOWNER/ADDRESS/CITY DATR: ~7A') [NSPECTION TYPE: REI'EAT NON-COMPUANCE L
, 8 ROUTINE
, I c, TLlvlE: ~ FOLLOW-UP TIME FRAME:
1 0 PRE-QUAUFYlNG
)" # OF ANIMALS: 0 QUALIFYING DTSCHARGE INSPECTION
0 OTHER
PLANT/PERMIT ff: 0 COMPLALNT: REVOKE MiLK PERMIT
I
ADMINISTRATIVE rlEARLNG
A dairy farm waste racility inspection was conducted at your facility on tills date. Items found to be Jnnon-cempliance with IDAPA 02.114.]4 are identilied billow.
Please be aware thaI repeat non-compliance items found tu exist on the next inspection may be cause for revocation of your permit to sell milk.
... Remarks:
u <.l
C ;a r:
'" :::l
E Q. ~ IJIv \ (
E 0: S
11'EMIDESCRlPTLON 0 i8 Ci -
CJ
1. WASTE SYSTEM ,;: r,# ; ~
... ~
- "
a. Barn Wuste Cornalnrnent
Type: :-;,. "J ",l·
.. ::":'
Freeboard: "', -: ':" ,
-
D In-Corral D Pond ,1:',:' r:---
ls , ...
c. Separarion System
d. Construction Approved L~:~
e, Adequate Liquid Storage ,"l:i'
f. Waste Facilities Well Maintained .'i~
g. Evidence of Past Discharge e,'
2. NUTRIENT MANAGEMENT ",,-
,
a. Nutrient Management PI all 7'1
I. Crop Rotation and Yield '/
'.¥:.~t
2. Animal Numbers ",',
3. Barn Water Use I ':
"l
4, Waste Export , ; ) ~
r ,
b. Record Keeping Current Li
d. Solid Applicatiun I=t CEIVE U

., JAN 3 1 2n
Idaho Rules Governing Dairy Waste, rDAPA 02.(}4.14 state that 1
should a repeat itcnus) on non-compliance or if u significant
itemts) is found to exist on an inspection. a reinspection shall be DAIRY BURe ,U
required after the lime deemed necessary to remedy the itemts) of
non-compliance. Any significant or repeat itcm(s) of non-
compliance found still exislil)g at the time of the reiuspccriou may
call for revocation of your permit III sell milk, If the permit has
has been notified that the problcmts) has been corrected.
INSPECTOR SIGNATURE PRODUCER SIGNATURE IDAHO DEPARTMENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAIRYING
PO BOX 790, BOISE [D 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DA m y NAf\.1E/OWN ElRJ ADDRESS/OTY DATE: lNSPECnON TYPE: REPEAT NON-COMPLIANCE L
0 ROUTINE
TIME: 0 FOLLOW-UP TlMEPRAME;
0 PRE-QUALlFY IN 0
#' OF ANIMALS: 'J 0 QUALIFYING DISCHARGE INSPECTION
0 OTHER
PLANTIPERMIT #: f 0 COMPLAINT: REVOKE MLLK PERMJT
ADMINISTRATIVE HEARING
A dairy farm waste facility Inspecnonwas conducted at your facility 011 this date. looms found to be ill non-compliance with IDAPA 02.04.14 are identified below.
Please be aware that repeat non-compliance items found 10 exist on the next inspection may be cause for revocation of your permit to sell milk.
" Remarks:
-= '-' "
., .~ ~
~ c.. _;:::
~ E u
:.@8 ~
ITEMlDESCRIPTION u ;a
1. WASTE SYSTEM '<',,';;s3 fL·/t\£ ~1i'fl!1
:;2;":, [;/';/3;
IT. Bam Waste Containment
Type:
Freeboard:
b. Corral/Facility Containmeru
o In-Corral DPorid [f'.
e. A deq uate Liq ui d Storage
t. Evidence of Past Discharge
2. NUTRlENT MANAGEMENT ~Z!":~~! F;~I!I ;:,trli

a. Nutrient M anagement Plan
2. Animal Numbers
3. Bam Water-Use
4. Waste Export
h. Record Keeping Curren!
ldaho Rules Governing Dairy Waste. rDAPA 02.04.14 state rhat RECEIVED
should a repeal itemis) on non-compliance or if a significant
ilem(s) is found to exist on an inspection, a reinspection shall be SEP J 0 "004
req u i Ted a fter th e ti me deem ed necess ary to rem od y the i tem( s) 0 f
non-compliance, Any significant or repeal uerms) of non"
compliance found still existing at the time of the reinspection may DAIRY BUREAU
call for revocation of your permit to sell milk. If the permit .I,,~~
bccu revoked 3 reinspection will be made when the department
bas been notified that the problerrus) has been corrected,
lNSPECfOR SIGNATURE PRODUCER SIGNATURE IDAHO DEPARTMENT OF AGRICULTURE DAIRY FARM WASTE
BUREAU OF DAJRYlNG
PO BOX 790. BOISE ro 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
QAlRY NAMEJOWNERfADDRESS/ClTY DATE: 3-0'T LNSPECnON TYPE: REPEAT NON-COMPLIANCE L
0 ROUTINE
,. 1 c- TrME: I c: o FOLLOW-UP TIME FRAME:
IV") 0 PRE-QUALIFYING
J) /; 3& # OF r\l'fiMAl..,S: 0 QUALJFyrNG DISCHARGE INSPECTION
., 0 OTHER
{, PLANT/PERMTT #: 0 COMPLAI.NT: REVOKE MlLK PERM1T
I
A dairy farm waste l'acililJ inspection was conducted at Jour facility on tbis date. Items found to be in non-compliance with IDAPA 02.04.14 are tdentilled below,
Please be aware lIud repeat non-compliance items found tu exist on lhe next inspection may be cause for revocation of your permit to sell milk.
" Remarks:
" "
E c
to ~j
" "" &tl f1 I
E Co ~ - l
13 ' ~
c c
ITEMJDRSCRfPTION 0 o 0 5 /-
u zu e (. ry ii-h
( J ;1<- (
1. WASTE SYSTEM
l-t .
s.
Type: ""'114, r'lt, \' :1ft'
, I;
Freeboard: I ~"
b. COJTatlFacility Containment
o [n-Conal o Pond .!!
m
c. Adequate Liquid Storage
r. Waste Facilities Well Maintained
Evidence of Past Discharge ,f,
g. 'i
2. NUTRIENT MA 'AGEMENT !Ii
a. Nutrient Management Plan J!.
I. Crop Roratron and Yield iii
2. Animal Numbers
3. Barn Water Use
4. Waste Export
b. Record Keepi ng Current 1.1 J 1 cP r"I 4 c\
~". P
1:. Liquid Application P I
, (
d. Solid Application r , .
Idaho Rules Governing Dairy Waste, [DAPA 02.(14.14 state that RECEIVED
should a repeat uernrs) on non-compliance or if u significant
iterrus) is found 10 exist 011 an in s pection, a reinspection shall be MAY 1 7 20 4
required after the time deemed necessary to remedy the iterrus) of
non-compliance. Any significant or repeat uernts) of non-
compliance found still existing at the limo of the reinspection may DAIRY BUREAL
call for revocation or' your permit to sell milk. If tile permit has
been revoked a relnspection will be made when the department
has been notified that the problemts) has been corrected.
lNSPE("OR SIGNATURE PRODUCER SIGNATURE
I ~
BUREAU OF DATRYING
PO BOX 790, BOISE ill 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DAIR Y N M.IElo\VNERI ADDRESS/CITY DATE: , ?B 0'-1 INSPECTION TYPE: REPEAT NON-COMPLIANCE L
• 0 ROUTINE
• I TIME: • .., I 0 FOLLOW-UP TIME FRAME:
, . 0 PRE-QUALIFYING
? () \ S C, 36(~5. ·11 OF ANrMALS: 2.1 0 QUALIFYING DISCHARGE INSPECnON
0 OTHER
p .... JJI 1\ 'IJ) PLANTIPERMlT #: 0 COMPLAlNT: REVOKE MJLK PERMIT
,
~ I AD,MJNISTRATIVE HEARING
A dairy farm waste facility inspection was conducted at your facility on this date. Items found to be in non-compltanee with mAPA 02.04.14 are identified below.
Please he aware that repeat non-compliance items found to exist on the next inspection may be cause for revocation of your permit to sen milk.
S Remarks:
"-'
;:: .~ 1:!'
o
@ i5.. '"
,!: E ~ C;O~ II \ Go- \ ~O- ~
lTEMIDESCRI PTION o ::; a (P,()')l
u ZU ~
<:>t
1. WASTE SYSTEM .. ", .\
a. Barn Waste Coruainmeru 9D% .+ c ('..4..PCf ( I
.
Type: ""
Freeboard: Uv,\L \"yo (A\ C'\~ r'o
~"
b. Corral/Facility Cuntainrneru f \7'
o ln-Corral o Pond J ,;.1 /iJ%
( tAPC4(
"",
d. Construction A pproved ,S
e. Adequate Liquid Storage 'W
f. Waste Facilities Well Muiruained '"
,~§,
g. Evidence of PaS! Discharge ~
h. Animals on fined Prom Waterways
2. NUTRIENT MANAGEMENT .• 7"
L Crop Rotation and Yield .?
2. Animal Numbers
3. Burn Water Use ~,t '
4. Waste Export ,
b. Record Keeping Current [l!!
d. Solid Application RECEIVED

Idaho Rule, Governing Dairy Waste, IDAPA 02.04.14 state thai FEB o 2 2D04
should <I repeal item(,) on non-compliance or if a significant
iternts) is found io exist on an inspection, a reinspection shall be DAIRY BUREAU
required after the time deemed necessary to remedy the ilem(s) of
non-compliance. Any significant or repeat item(s) of Don-
compliance found still existing at the lime of the reinspect ion may
call for revocation of yOllr permit III sell milk. If the permit has
been revoked ,1 reinspection will be made when the department
has been notified that the problemis) has been corrected.
lNSPECTOR SiGNATURE PRODUCER SIGNATURE
I IDAHO SOL CONSt'JWATIQN COMMISSION

IDAHO STATE DEPARTMENT OF AGRICULTURE

ENGINEERING SERVICES

Dear: Mr. Aardema

Regulatory ISDA soil samples were recently taken on your facility, Aardema #2 & #5. Regulatory samples will be taken every three years. The tests are taken for comparison of the Phosphorus (P) threshold and are taken at one of two depths depending on the resource concern of each field.

Surface water runoff concern exists when runoff leaves the contiguous operating unit from normal storm events; rain on snow or frozen ground, or irrigation. Samples are taken at 0-12" and the P threshold may not exceed 40ppm.

Groundwater concerns exits when a high water table, fractured bedrock, cobbles, gravel, or course textured soils are conducive for the downward movement of water and the associated nutrients. Samples are taken at 18"-24" and may not exceed 20ppm with fractured bedrock or groundwater at less than five feet or 30ppm with groundwater at greater than five feet.

Listed bel

h

I f

h

aware t e resu ts rom t ose sampi es.
Field Resource Concern Phosphorus Field Resource Phosphorus
Level Concern Level
(ppm) (ppm)
22 Groundwater 47 24 Surface Water 86
10 Surface Water 86
II Surface Water 86 Any fields that exceed the phosphorus threshold may only receive manure application to crop uptake only. If you have any questions or concerns regarding these results please do not hesitate to give me a call at (208)731-0496.

Sincerely

Dustin Olsen

Dustin Olsen Resource Technician

cc: Marv Patten, Chief. Bureau of Dairying Dustin Olsen, Resource Technician Tami Frank, State Dairy Inspector

ty lb4 70 S ~41 fJY)b470 S(QS

[SDA - Engineering Services. PO Box 790. Boise, [D B3701. (208) 332-8665. (208) 334-3637 (Fax)

"Serving consumers and agriculture by safeguarding the public, plants, animals and the environment through education and regulation."

~~~~~~~~~============================~

IDAHO DEPARTMENT OF AGRICUL TORE

BUREAU OF DAIRYING PO BOX 790, BOISE ID 83701-0790 (208)332-8550

srQNATURE

, , .s

IS" &1

A dairy farm waste Please be aware

ITEMJDESCRJPTION

1. WASTE SYSTEM


Type:

Freeboard:


DIn-Corral 0 Pond







2. NUTRlENT MANAGEMENT

a. Nutrient Management PIM


2. Animal N limbers

3, Barn Water Use

4, Waste Export



DATE: Cf·?h e INSPECTION TYPE: REPEAT NON-COMPUANCE
0 ROUTINE
TIME: ",_ 0 FOLLOW-UP TIME FRAME:
I'7SD 0 PRE-QUALIFYING
# OF ANIMALS: 0 QUALrFYlNG DISCHARGE INSPECTION
0 OTHER
PLANT/PERMIT ,#': 0 COMPLAINT: REVOKE MILK PERMIT
I
ADMLNISTRA TlVE HEARING at your facility on this date. [terns found to be in non-compliance with IDAPA 02.04.14 are identified below. m exist on tbe next inspection may 00 cause for revocation of your permit to sell milk.

Remarks:
S ..,. l ~ ,S ..... Cc,... c..
tJ ,l l ~OiJ_ ."') c.....~ e..c...~ L\
tJt ~ ("0 ....... \ tv \ ~IO'" _1 't'" )
w .... (() ...... .::.-. 'l> (10 'j <;00 RECEtVEtJ SEP 3 0 2003 DAIRY BUREAU



Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that should a repeat item(s) on non-compliance or if a significant itcm(s) is found to exist on an inspection, a reinspection shall be required after the time deemed necessary to remedy the item(s) of non-compliance. Any significant or repeat item(s) of noncompliance found still existing at the time of the reinspection may calJ for revocation of your permit to sell milk. If the permit bas been revoked a reinspection will be made when the department has been notified that the problemis) has been corrected.

PRODUCER SIGNATURE

lDAHO DEPARTMENT OF AGRICULTURE BUREAU OF DAIRYING

PO BOX 790, BOrSE [D 83701-0790 (208)332-8550


DArRY NAME/OWNER/ADDRESS/C1TY

TIME:

TIME FRAME:

Ada; Please

ITElVlIDESCRIP'I'ION

1. WASTE SYSTEM

a. Barn Waste Containmcru

Type;

Freeboard:


DIn-Corral 0 Pond




f_ Waste Facilities Well Maintained

g. Evidence or P~SI Discharge





2. Animal Numbers

3. Barn Water Use

4. Waste Export


REPEAT NON-COMPUANCE

DATE:

lNSPEcrroN TYPE:

o ROUTINE

o FOLLOW-UP

o PRE-QUAUFYfNG

o QUALfFYING

o OTHER

o COMPLAINT:

DISCHARGE fNSPECTION

REVOKE MILK PERMIT

ADMlNlSTRA TIVE HEA RING

to be in non-compliance with lDAPA 02.04.]4 arc identified below. be cause for revocation of your permit to sell milk.

10


d. Solid Appl ication

Idaho Rilles Governing Dairy Waste, IDAPA 02.04.14 state that should a repeal itemts) on non-compliance or if 3 significant itenus) is found II.! Mist on an inspection, a reinspection shall 00 required after the time deemed necessary to remedy the item(s) of non-compliance. Any significant or repeat iternts) of non-

compl iance found still existing at the time of the reinspection may call for revocation of your perrni t to s~1I milk. if the permit has been revoked a rei nspection will be made when the department has been notified that the problerrus) has been corrected.

RECEIVED JUN 0 2 2003 DAIRY BUREAu

fNSPECTOR SIGNATURE

SIGNATURE

------------------------------~--~--~~~~~~~~~~~~~~~~~~~~--~~~~~~~~~~~~------------_.---------

BUREAU OF DAIRYING
PO BOX 790. BOIS E TO 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
,t
DAIR Y NAMEIOWN ERi ADDRESS/CITY DATE: INSPECTION TYPE: REPBA T NON-COMPLIANCE L
, ra ROUTINE
'ItY Id I J J C TThfE: :I 0 FOLLOW-UP TIME FRAME:
0 PRE-QUAUFYTNG
() .5{p .5 # OF ANIMALS: .AA n 0 QUAUFY[NG DISCHARGE INSPECTION
0 OTHER
PLANTIPBRMIT #: / 0 COMPLAINT: REVOKE MILK PERMIT
, I
T ADM1NISTRA nVE HEARING
A dairy farm waste facilit), inspection was conducted at your facility nil this date. Items found to. be in non-compliance with IDAPA 02.04.14 are identified below.
Please be aware that repeat non-comphance items fnund to exist on the next inspection may be CRuse for "revocation of your permit to sell milk.
oJ Remarks:
" II>
Ol .ti ~
11>
~ 0. il
'" E £ f
c " c '" I
ITEMfI}ESCRrPTION U zu a ld 11 ~ 5'
" "::.: "'.~ U'I 5
I. WAST!!: SYST~M rB ," :¢':::.: ( .u. ~
a, Bam Waste Containment ~ " l:, {IJ
Type: 'di':
';;', , ,_,!:>,L
Freeboard: m "
, ";,"" I'g 'x
b. CO!T~lfFaeility Coruairunent
0 ln-Corral o Pnnd , ',",j " ,w~
c. Scparati on S ys t CUI
I <1, Construction Approved r.
e. Adequate Liquid Storage ':~
"
f. Waste Facilities Well Maintained '}
,;_~~
Evidence of Past Di scharge -on!"
g. ','
11. Animals Confined From Waterways
2. NUTRLENT MANAGI~M.~~NT '.~: "3 t~ 1')2
Nutrient Management Plan 'L
a.
J. Crop Rotation and Yield ~,
2. Animal Numbers * "
3. Bum Water Use ,iI',
4. Wasle. r:hport 1"";'"
b. Record Keeping Current :W/,
.,
d. Solid Application.
RECEIVED
ldaho R~Ie> Governing Dairy Waste, [DAPA 02.04.14 state that
, should ~ repeal ltemrs) on non-compliance or if l\ significant FEB 0 3 2003
item(s) is found to. exist on an inspection, a reinspection shall be
; requi red after the ti me deemed ncce<;sary to remedy the iI6111(<;) of DAIRY BUREAU
non-compliance. Any signi tica nl or repeat i.lem(s) "I' non-
compliance found ~ti II existing al the ti me of the reinxpection may
call ror revoeurion or Y')lI r permit to sell mil k, rr the permit has
been revoked ~ reinspection will be made when the department
has been notified that the problemts) has been corrected.
rNSPECTOR SIGNATURE PRODUCER SIGNA TURE
I
, l

IDAHO STATE DEPARTMENT OF AGRICUL TURE


December 4,2002

Aardema Dairy # I Don Aardema

2015 E. 3600 S Wendell, Idaho 83355

Dear Mr. Aardema:

Regulatory rSDA soil samples were recently taken on your facility. Regulatory samples will be taken every three years. The tests are taken for comparison of the Phosphorus (P) threshold and are taken at one of two depths depending on the resource concern of each field.


Groundwater concerns exits when a high water table, fractured bedrock, cobbles, gravel, or course textured soils are conducive for the downward movement of water and the associated nutrients. Samples are taken at 18"-24" and may not exceed 20ppm with fractured bedrock or groundwater at less than five feet or 30ppm with groundwater at greater than five feet. ,

Listed bel

th

I f

th

aware e resu ts rom ose sampi es.
Level Concern Level
(ppm) (ppm)
29,30 Surface Water 50'" '" Denotes field at or above Phosphorous threshold.

Any fields that exceed the phosphorus threshold may only receive manure application to crop uptake only. If you have any questions or concerns regarding these results please do not hesitate to give me a call at (208)332-8665.

cc. Marv Patten, Chief, Bureau of Dairying Dustin Olsen, Resource Technician Tami Frank, State Dairy Inspector

ISDA - Engineering Services - PO Box 790 - Boise, ID 83701- (208) 332-8665. (208) 334-3637 (Fax)

"Serving consumers and agriculture by safeguarding the publiC, plants, animals and the envlrooment through education and regulation."

-----.---------------------------------------------------------



September 29,2002

Aardema Dairy # 1 Don Aardema

2015 E. 3600 S Wendell, Idaho 83355

Dear Mr. Aardema:

Regulatory ISDA soil samples were recently taken on your facility. Regulatory samples will be taken every three years. The tests are taken for comparison of the Phosphorus (P) threshold and are taken at one of two depths depending on the resource concern of each field.


Groundwater concerns exits when a high water table, fractured bedrock, cobbles, gravel, or course textured soils are conducive for the downward movement of water and the associated nutrients. Samples are taken at 18"-24" and may not exceed 20ppm with fractured bedrock or groundwater at less than five feet or 30ppm with groundwater at greater than five feet.

Listed b I

th

I fro th

e ow are e resu ts m ose samples.
Level Concern Level
(ppm) (ppm)
33 Groundwater 23 37 Ground Water 11
36&38 Surface Water 27 27· Surface Water 70 • Denotes field at or above Phosphorous threshold.

Any fields that exceed the phosphorus threshold may only receive manure application to crop uptake only. If you have any questions or concerns regarding these results please do not hesitate to give me a call at (208)332-8665 .

e

anagement Coordinator

Marv Patten, Chief. Bureau of Dairying Dustin Olsen. Resource Technician Tami Frank, State Dairy Inspector

I$DA - Engineering 5ervtc:el • PO Box 790 • Boise, 10 83701. (208) 332~8665 • (208) 334-3637 (Fax)

-ServIng consumers and agr1wlttKe by safeguarding the publiC, plants, animals and the environment through education and regulation."

IDAHO DEPARTMENT OF AGRICULTURE BUREAU OF DALRYLNG

PO BOX 790, BOISE ill 8370 J -0790 (208}332-85S0


DAIRY NAME/OWNER/ADDRESS/C1TY

DATE: "z:..

TnI'm: .J.

J

lfISPECTION TYPE: '[I ROUTINE

o FOLLOW-UP

o PRE-QUALll~ING

o QUALtFYLNG

o OTHER

o COMPLAINT:

ITEMfllESCRlPTION

1. WASTE SYSTEM

Type:

Freeboard:


o In-Corral D Pond


d. Consrruetion Approved


1". W~sle Facilities wen Maintained

g_ Evidence of Past Discharge


2. NUTRIENT "MANAGEMENT



3. Barn Water Use

4. Wallie Export

b, Record Keeping Current



ldaho Rules Governing Dairy Waste, IDAPA OZ.()4. [4 state that should a repeat itenus) no non-compliance or if' a significant iternts) is found 10 ex i St on an inspection. a reinspection shall be required after the time deemed necessary to remedy the item(s) of non-compliance. Any significant or repeat ihlm(~) of noncompliance found ,u [I existi ng at the li me of the reinspection may call for revocat ion 01" your permit to sell rni lk, lf the perrnit has been revoked u reinspection will be- made when the deparrmeut has been notified that the problernjs) has been corrected.

REPEAT NON -COMPUANCE

TIME FRAME:


REVOKE MILK PERMIT

A Dl\1INISTRA TIVE HEARING

fNSPECTOR SIGNATURE

A dairy farm waste facility inspection was conducted at your IacilitJ' on this date. Items found to be in non-compliance with mAPA 02.04.14 are identified below. Please be: aware that repeat non-compllanee Items found to exist on the: next inspection may be cause for revocation of your permit to sell milk.

" Remarks:
0: o "
§ ""
., C::l ~
E 0. ;::
E 6 6 u
'" '" 0 '"
u ZU is \\r 10 hos ~
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PRODUCER SIGNATURE

RECEIVED SEP 2 5 2002 DAIRY BUREAU

------_._------_ ... _--------- ----------------------------------_._-_ ... _---_._--

STU~NHOLTZ LABORATORY, INC.

2924 ADDISON E. POB 353 TWIN FALLS,ID 83303 TEL: 208.734.3050, 800.759.3050 FAX 734.3919

I INVOICE I

IDAHO DEPT. OF AGRICULTURE THOMPSON, MATT

629 C WASHINGTON ST. NORTH TWIN FALLS ID 83301

Acct: 736 Inv.#:736A6

Inv. Date: 6/30/2002 PO. :

Date Rpt.#

Grower

Sample ID Test Price
FIELDS #3 19+21 S17 10.00 114~ P t1ffA;! S
2,\
•
MINI PIVOT 517 10.00 Vfil'l~(l.vf6{
1f6'
DAIRY BIG PIVOT 517 10 . 00 Y4rJPf¥-v6G-y
p~J'
FIELD #4 It
817 10.00 &,
,
FIELD 1 817 10. 00 NO"'1HVI~rJ .. v
FIELD 2 S17 10.00 \ \
""
FIELD 3 517 10.00 , I
FIELD 4 517 10.00 I •
FIELD 5 517 10.00 I f
FIELD 7 517 10.00 , 1 6/28/02 19144 50IL'-P

6/28/02 19081 50IL-P

6/28/02 19080 SOIL-P

6/28/02 19079 80IL-P

6/28/02 19073 SOIL-P

6/28/02 19074 SOIL-P

6/28/02 19075 SOIL-P

6/28/02 19076 50IL-P

6/28/02 19077 50IL-P

6/28/02 19078 50IL-P

470564 + 470565 B

530500 A

530502 A

530543 A

531021A

531021A

531021A

531021A

531021A

531021A

Page: 1

Acct#: 736

I

100.00 0.00 0.00

$100.00

Page: 2

Acct#: 736

STUKENHOLTZ LABORATORY, INC.

2924 ADDISON E. POB 353 TWIN FALLS,ID 83303 TEL: 208.734.3050, 800.759.3050 FAX 734.3919

!INVOICE)

Total Price:

Total Spl Total Other:

PLEASE PAY THIS AMOUNT

====>

A 1.5% per month (18% annually) finance charge will be added after 30 days.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

1200 Sixth Avenue

Seattle •. Washington 98101

Reply To

Attn Of: OW -130

May 27,2002

CERTIFIED MAIL ~ RETURN RECEIPT REQUESTED

Don Aardema, Sr. Aardema Dairies Aardema Heifer Ranch 361 South 200 West Jerome, Idaho 83338

Dear Mr. Aardema:

The U.S. Environmental Agency (EPA) has reviewed your Notice of Intent application to be covered by the National Pollutant Discharge Elimination System (NPDES) general permit for Concentrated Animal Feeding Operations (CAFOs) in Idaho. The facility, "Aardema Heifer Ranch", located at 2050 East 3600 South in Wendell, Idaho is covered by this general permit and is identified by the following NPDES permit number: IDG-OI0lSI. Please use this permit number in all future correspondence and reports to the agency. Enclosed is a copy of the signed final permit and a formal response to connnents received from the public concerning different permit issues.

Please note that the general permit includes requirements for best management practices (BMPs) specified in the Idaho Waste Management Guidelines for Confined Feeding Operations and permit condition Il.B. These requirements include restricting animals confined on the facility from surface waters (e.g. rivers, streams or other waters of the United States) and the application of wastewater and manure at agronomic rates for the crops grown on the land application site.

If you have any questions regarding this letter or the general permit for CAFOs, please do not hesitate to contact David Domingo of my staff at (206) 553-0531.

Sincerely,

Lfl.ud / Lf}~

Robert R. Robichaud, Manager NPDES Permits Unit

Enclosures

cc: Marv Patten - Idaho State Department of Agriculture Dave Mabe - Idaho Department of Environmental Quality Christopher H. Meyer - Givens Pursley LLP

-J Q Printed on Recycled Paper V

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION'10

1200 Sixth Avenue

Seattle, Washington 98101

Reply To

Attn Of: OW-130

May 27, 2002

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Don Aardema, Sr. Aardema Dairies Aardema Dairy #2 361 South 200 West Jerome, Idaho 83338

Dear Mr. Aardema:

The U.S. Environmental Agency (EPA) has reviewed your Notice of Intent application to be covered by the National Pollutant Discharge Elimination System (NPDES) general permit for Concentrated Animal Feeding Operations (CAPOs) in Idaho. The facility, "Aardema Dairy #2", located at 2182 East 3600 South in Wendell, Idaho is covered by this general permit and is identified by the following NPDES permit number: IDG-010146. Please use this permit number in all future correspondence and reports to the agency. Enclosed is a copy of the signed final permit and a formal response to comments received from the public concerning different permit issues.

Please note that the general permit includes requirements for best management practices (BMPs) specified in the Idaho Waste Management Guidelines for Confined Feeding Operations and permit condition II.B. These requirements include restricting animals confined on the facility from surface waters (e. g. rivers, streams or 0 ther waters of the United States) and the application of wastewater and manure at agronomic rates for the crops grown on the land application site.

If you have any questions regarding this letter or the general permit for CAPOs, please do not hesitate to contact David Domingo of my staff at (206) 553-0531.

Sincerely, . /J-'

Jf/~~ =:»

Robert R. Robichaud, Manager NPDES Permits Unit

Enclosures

cc: Marv Patten - Idaho State Department of Agriculture Dave Mabe - Idaho Department of Environmental Quality Christopher H. Meyer - Givens Pursley LLP

r:

Or

Printed on Recycl8d Paper

L, _

rDAHO DEPARTMENT OF AGRICULTURE BUREAU OF OMR YING

PO BOX 790, BOlSE ID 8J701-()790 (208)332-8550

DATRY FARM WASTE FACILITY INSPECTION REPORT

#OF ANIMALS:


DA I RY NAM E/OWNER! A DDRESSICITY

DATE:

INSPECTION TYPE:

ROUTINE l'OlLOW-UP PRE-QUALIFYING QUALIFYING OTHER

COMPLAINT

TIME FRAME:


TIME:

'-E. 3 "Os.

J 1'Jd. £ L -r;( ~

PLANT IPERM IT #:

REVOKE MILK PERMIT

ADMINISTRATIVE HEAR1NG

D ln-Corral 0 Pond

to be in unn-compllauee with be cause for revocation 0

.14 are identified to sell milk.

A dairy larm waste facility ill below. Please be aware that

Remarks:

ITEWDESCRII'TION

1. \\'ASTE SYSTEM


Type:

j\Jo

r JL ft"I J IV +

-

/t'<..

Freeboard:

b. CorrQllFacility Containment



r. WaSil' Facilities We!.1 Mamtaincd


g, Evidence of Past Discharge


2. l'UTRIENTM.ANAGEMENT

3. Nutrient Management Plan

I, Crop Rotation and Yield

2. Animal Numbers

3. Bam Wa\~rUse

4. Waste Export



Rece'VED MAY 1 3 2002 DAIRY BUREAU


ldaho Rules Governing Dairy Waste. IDAPA 0204.14 state that should a repeat item(s) on non-cornpliance or if a significant item(s) is [mind to exist on 3J1 inspection, a reinspect ion shall be required after the time deemed necessary to remedy the uerrus) of non-compliance, Any significant or repeal ilt!ll1(S) of noncompliance found sul] existing at tile time of' the reinspection may call for revocation ofyour permit to sell milk. If the permit has been revoked a reinspcction will be made when the department has been notified thai the problernts) has been corrected.

INSPECTOR S[GNATURE

PRODUCER SIGNATURE

4. Source Individual Government X Other

lO.Type of Product

ll.Size/Style of Package

13.Package Code

1. Complaint Number

IDAHO DEPARTMENT OF AGRICULTURE BUREAU OF DAIRYI~G COMPLAINT REPORT

2. Date Complaint. Received 2/06/02

3.Type of Complaint product Environmental Nuisance Miscellaneous XX

5.Name/Address/Phone Number of Complainant Jerry Chapman, Idaho Fish And Game

Niagara Springs Fish Hatchery

536-2283

6.Complaint: While the trash hauling company was picking up their trash dumpster, some needles, vaccine bottles, and syringe.s fell onto the ground out of the trash truck. There was sharps spilt from the truck in the driveway of the facility as· well as on the grade down into the facility down in the canyon.

7.Illness Involved?

No Yes

Name/ Addz ss s / Phone

l2.Product Labeling

9.Hospitalization Required?

No Yes Name/Address/Phone

8.Health Professional Involved?

No Yes

14.Manufacturer

IS.Distributor

16.Date Purchased

l7.Name/Location where Purchased

lS.Alleged Environmental Damage?

19. Name ·of Waterway Affected

20.Name/Address of Individual/Company alleged to be cause of complaint

Aardema Dairy fl:2, #5 or the calf ranch. Wendell Idaho

No Yes

21.Evidence/Sample Obtained

22.Disposition Follow up Needed

Closed Without Further Investigation Referred to

23 .. Do es Cornplainan t expect additional Dept. Contact?

No Yes X

No Yes X Pictures taken

24. Remarks 2/6/02: On this date I met with the staff at the Niagara F'ish Hatchery and the observed the sharps that was found on the ground on the road into the facility and at the dumpster. They had stated that this was occurring more frequently and it had started about 3 to 5 weeks' ago. When the trash truck was picking up thel1.r dumpster, the door would open and some of the trash from the previous pick-Up would spill out on the ground. I contacted PSI waste system and talked with them of the problem. They were aware of the problem with the truck and it was bEling repair at thi,s time to stop the spilling of the waste during the pick-ups. 'The route this truck was on stopped at the Aardema dairy #2, :» 5 and the .Aardema cal f ranch in Wendell PI' iorto the a top at the fish hatchery. I contacted Don Aardema and explained him of the situation. He stated that he did have a .sharp's

di sposal po 1 i cy in pI ace on all the f ac i Ii ties. The po 1 icy was to di spo s e 0 f the sharps in the red sharp's container and the vet would send off the container for disposal as required. Don's vet, Dr. Jeff Wendler, al,90 gave me a call to explain the policy of the sharp's disposal that he had set up with the dairy. He stated that he had a SOP in place for the disposal of the sharps on the facility. At this time he was on his way out the facilities with Don to follow-up on this matter and will make any changes needed to correct this problem. I contacted Jerry Chapman of the Fish and Game to fill him in on what was found and the steps being taken at this time to correct the problem. He stated he would keep an eye on the situation at his location to see if the situation is corrected during the next few weeks and said thanks for the follow-up.

Name

Mike Wiggs

Date

2/6/02

I

-----------------------------------------------------------

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REceiVED fEB 1 1 2002 DAIRY BUREAU

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2/6/02 3:11 pm

-06-2002 WED 02:47 PM PSI WASTE SYSTEMS

FAX NO. 12087333987

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PSI WASTE SYSTEMS

F ACSnvt:ILE TRANSMISSION COVER SHEET

DATE: c2~-C/6? .

. FAXNDMBER: ZX-1/78o

NUMBER OF PAGES INCLUDING COVER PAGE: _ _...;~~ _

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FAX NO. 12087333981

06-2002 WED 02:47 PM PSI WASTE SYSTEMS

PSI WASTE SYSTEMS

MEDICAL WASTE IN GARBAGE

Our workera It PSI Waste Systems, Inc. have found a large quantity of syringes and needles in sarbap collected from our home or business.

That type of solid waste is often. called medi~ waste or "sharps" aad is also known as an infectious waste. This type of aoJid wute presents apecial hazards to garbage collectors and workers, espedllly ifthoac Habarpatt are not sterilized or put in puncrure proof containers prior to disposal. Because oltho risk of injury ud infection to the garbage handlera, special care is required ofbomes or busirlesses disposing the kind ofsolid waste.

The special handling means sterilizing the sharps and then placing them in & sealed puncture-proof container before throwing them into tbe garbage can. SteriIiution c:an be done by placins the syrinse into a 9Olutioo of full strqth bleach or by autoclaving. The next step requires placina the sterilized sharp into a thick plastic container or coffee can and sealing the container with tape.

Since 5 to 7 people can come into contact with those sharps thrown imo the garbage before Ibey are buried in a landfil~ step. to reduce the risk. ofjDjury and infection to those people are needed. lCyou have any questions about twuJling this type ofw.SiC please calJ. Thank you for your help.

Sincerely.

PSI Waste Systemt. Inc.

P.O. BOX 2399 • TWIN FALLS, IDAHO 83303 • 208-733-4441

I

lDAHO DEPARTMENT OF AGRJCULTURE DAIRY FARM WASTE
BUREAU OF DAIRYING
PO BOX 790, BOISE lD 83701-0790 FACILITY INSPECTION REPORT
(208)332-8550
DAIRY NAMEiOWNERiADDRESS/CflY DATE: ~- _j<J ':-",,1 INS?E_f'TION TYPE: REPEAT NON-COMPL.IANCE L
,. ~ IA C { I ~OUJ[DJE.
I ,1/ TIMe: In ~ FOLLOW-UP
! TIME FRAME:
,s E- 3(0<1 S ! PRE-QUALIFYING
1# OF ANIMALS: -~ r QUALIFYING DISCHARGE INSPEC·TION
J-
t iJ(!Nti e: U. '=:-t::( i31S; PLANT/PERMIT #: I OTHER
,oJ'/ ! COMPLAINT: REVOKE MILK PERMIT
-~ , 0, ADMINISTRA TIVE HEARING
A dairy farm waste faei lily i nspecti inducted at your facility on this date. Items found to be in non-compliance with lDAPA 02.04. J 4 are ldentitled
below. Please be aware that.repca_l_non-compliance items found to exist on the next inspection may be cause for revocation of your permit 10 sell milk.
" Remarks:
'-' ~
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OJ
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0 C5
ITEMfDESCRIPTlON u zu
1. WASTE SYSTEM ~
a. Bam Waste Containment I\.Q 1'/06t.£/'I' $ N -Ie I - 0-1
/,
.:~
Type: .-
_!--/V.I .2.(. (...tf .. ,J
Freeboard: fii;c, ,: .
b Corral/Facility Containment
o In-Corral D'Pond R! F' .'
d. Construcuon Approved
~ Adequate l.rqurd Storage
g. EVidence of Past DIscharge "
2. NUTRIENT MANAGEMENT Ja;:
2. Animal Numbers fi
3. Bam Water Use
4. Waste Export [
b Record Keeping Current
Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that ReCEIV~D
should a repeat itcm(s) on non-compliance or if a significant FEB a
item(s) is found to exist on an inspection, a rcinspection shall be ~ 2002
req u i red a Iter the time deemed n ecessa ry to rerned y the i tem( s) of
non-compliance, Any significant or repeal item(s) of non- DAIRY 8UREAU
compliance found still existing at the time of the reinspection
may call for revocation of your permit to sell milk. If the permit
has been revoked a rei nspection will be made when the
department has been noti fled that the problerrus) has been
corrected.
INSPECTOR SIGNAT\;J.R.E ,.. PRODUCER SJGNATURE
"/ / IDAHO DEPARTM ENT OF AGR ICULTL:R E BUREAU OF DAIRYING

PO BOX 790, BOISE ID 83701-D790 (208)332-8550

DAIRY FARl\1 WASTE FACILITY INSPECTION REPORT

DAIRY NAME/O~'NERiADDRESS/(,ITY

t.1 • 4

. h.p::'fl1 Q.._ lJ Q.... r 1

~bo')

l'leNd e.LL -:ref

A dairy farm waste facility i below. Please be aware t

ITEMIDESCRI PIlON

DATE: I.J-IO. 0 j l'IME: ~.,~,Ar...

PJANTiPERMIT#: 1'))4

" u

" .s

Ii

~ E

o " zu

# OF ANIMALS:

:t:

~

E

" U

I.W ASTE SYSTEM


Type:

Freeboard:

b Corral/Facility Containment

o In-CoTTa I 0 Pond

c. Sepa ra I i on S ystern

d. C(lnS\1 "CIIOri Approved

c. Adequate L .qUleti Sicrage

waste Facituies Well Maintained

g. EVIdence of Past Discharge

h Animals Confined from Waterways


J. Nutrient Management Plan


2. Animal Numbers

3. Bam Wate.r Use

4. Waste Export

b. Record Keep i 11 g (' urren I



Idaho Rules Governing Dairy Waste, IOAPA 02.04.14 Slate that should a repeal iternts) on non-compliance or if 2 significant itclll(s) is li'iund tll exist em an inspection, a reinspect ion shall be required aher the time deemed necessary 10 remedy the ilem(s) of non-compliance. Any significant Of repeal item(,) of noncompliance found sul) existing at the time of the reinspection

may call [cr revocation or yllur permi [ to sell 111i 1 k lfthe permit has been revoked a rei nspccuon wi II be made when the department has been noti (ied that the problemis) has been corrected.

INSPI;;CTI<W, rJ.q' PE

! (R()lfUi'>J.E' mLLOW-UP PRE-QUALIFYING QUAI frYING OTHER

! COMPLAINT:

REPEAT NON-COMPI.IANCE

TIME FRAME:

DiSC 1-11\ ROE INSPECTION

REVOKE MILK PERMIT


ln non-cnmpliance with IDA PA 0,2.04.14 a Fe identl fied e ca U"SI' for revocation of you r pcrml! to sell milk.

Nt) I' _, j l /11"} Na+ed ~ ~/-L ,;1' u'"'

-/. ,.,.._

RECEIV APR' 6

rNSPECTOR SK;NATURE »"

.... I' /. l;-

PRODUCER SIGNATURE

, "

IDAHO DEPARTMENT OF AGR(CUL TURE BUREAU OF DAIRYING

PO BOX 790, BOISE ID 83701-0790 (208)332-8550

NAM f'iOWNERI A [)nRESSIC ITY

i It'

2015 t. %{):::

W~ 'oeU/

IV V

j I ,

A dairy rarm waste racility mSI)(,CI:lOn below. Please be aware

ITEMJDESCRIPTION

1. WASTE SYSTEM


Type:

Freeboard:

h. Corral/Facility Containment

DIn-Corral 0' Pond


d Construcuon Approved

e Adequate l.rquul Storage

I', Waste Facihues Well Maintained

g Evidence of Past Discharge




L Crop Rotation and Yield

2. Animal Numbers

3. Bam Water Use


DATE:

J Z-/ ¥ leO

REPEAT NON·COMPLIANCE

TIME: • ~L

t.,.

# or ANIMALS:

]'V _

TIME FRAMlo.:

[)lSCHARGE INSPECTION

[{EVOKE MILK PERMIT

ADMINISTRATIVE HEARrNG

Remarks:

14 are identified to sell milk,

10 be in lion-compliance with may be cause for revocation

to _;/.p t

) u d

4. Waste Export




Idaho Rules Governing Dairy \1\'3,IC, IDAPA 02..04.14 state that ShOIJld J repeal ltenus) 00 non-compliance or if a srgni llcaut ilem(s) is found to exist on an inspection, a rcinspection shall be required alief the time deemed necessary to remedy the item(s) of non-compliance. Any significant or repeat item(,) ot' noncompliance fOLII1d stili existing at the ti me of the reinspect! on

may call for revocation of your permit to sell milk. II' the permit has been revoked a rcinspection wi II be made when the department has been nori ned [hal the problemts) has been corrected.

RECEIVED DEC' 2 2000 D IRY BUREAU

INSPE('TOR SIGNATURE

PRODUCER sr(lN.--\TURE

1


PO BOX 790, BOlSE ID 83701-0790 (208)332-8550


DATE:

TIME:

INSPECTION TYPE:

RQUTfNE FOLLOW-LIP PRE-QUALIFYING QUALIFYING OTILER

COMPLAINT:



TIME FRAME:


REVOKE MrLK PERMrr

coneucteu at your facility 011 this date. Items fou nd to be in non-compliance with found to exist on the next inspection may be cause f(lr revecatinn

Remarks:

rrEMlDESCRIPTION

J. WASTE SYSTEM

II Bam Waste Containment

Type

Freeboard:


DIn-Corral 0 Pond


d. Construcnon Approved

e Adeq uatc Lrq uid S rorage

f. Waste Facilmes Well Maintained

g. EVidence of Past Discharge

11. Animals Confined From Waterways




2. Animal Numbers

3. Bam Water Use

4. Waste Export




Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 stale that should a repeal item(~) on non-compliance or if a significant item(s) is found 10 exist on an inspection, a reinspection shall be required after the time deemed necessary to remedy the item(s) of non-compliance. Any significant or repeal item(s) of noncompliance found still existing at the time of the reinspcction may call for revocation of your pCTITli Ito sell milk, If the permit has been revoked a reinspection will be made when the department has been notified that the problernts) has been corrected,

4 are identified sell milk.

J

f

INSPECTOR srGNATURE

1

,
-, III o I
u ve
Itt d.-
O_A
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4 [_

PRODUCER SIGNATURE

DAIRY NAME/OWNER! ADDRESS/CITY


IDAHO DE;PARTM ENT OF AORICUL TURE eUREAU OF DAIRYING

PO BOX 790, BOISE ID 83701-0790 (208)332-8550


REVOKE MILK PERMIT


DATE: j7£)/C()

TIME: I 1D flYl·

# OF ANIMALS:I

TNSPECliObol TYPE: ! ......... ROUTINE

FOLLOW-UP PRE-QUAUFYING QUALJFYfNG OTHER

! COMPLAINT:

TIME FRAME:

PLANT!PERMJT


A dairy farm waste facility below. Please be aware

to be in nen-cempllance with may be cause for revocation

10 sell milk.

Remarks:

TTEMfDESCRWfION

T. WASTE SYSTEM


Type:

Freeboard:

b, CorrallFacility Cootainment

Din-Corral 0: Pond

CJ (
G"trl L.- I
CG r- , I ( ,
l !
)}
( I c. Separation System

d. Construcuon A pproved

C Adequate Liquid Storage

r. Waste Facrlmes Well Maintained





2. Animal Numbers

3. Bam Water Use

4. Waste Export

h. Record Keeping Current

c. Liquid Apphcation

RECEIVED APR 2 4 2000


Idaho Rules Governing Dairy Waste, £nAPA 02.04.14 state that should a repeal ilern(s) on non-compliance or if a significant item(s} is found to exist on an inspection, a reinspection shall be required after the time deemed necessary to remedy the itcm(s) of non-compliance. Any significant or repeal iterrus) of noncompliance found still existing at the time of the reinspection may call for revocation of your permit 10 sell milk. if the permit has been revoked a reinspection will be made when the department has been notified that the problem(s) has been corrected.

INSPECTOR SIGNA TURE

PRODUCER SIGNATURE

·REAU


PO BOX 790, BOISE JD 83701-0790 (208)332-8550



DAIRY NAME/OWNERJADDRESS/CITY

1\1 E..

A dairy farm waste facility mspeeuen below. Please be aware

ITEMIDESCRIPTION

I. WASTE SYSTEM


Type:

Freeboard:

b. -CorraVFacility Containment

o In-Corral 0 I Pond


d. Construction !\ppnwed

C Adequate Lrquid Storage

f Waste Facilities Well Maintained





L Crop Rotation and Yield

2. Animal Numbers

3. Bam Water Use

4. Waste Export


DATE: '1 INSPECTION TYPE: REPEAT NON·COMPLIANCE
ROUTINE.
TIME: F FOLLOW·UP T[ME FRAME:
I ~ PRE·QUALIFYING
# OF ANIMALS: .. ;., QUALIFYJNG DISCHARGE INSPECTION
PI,ANTIPERMlT #: OTHER
I If, t: ! COMPLAINT: REVOKE MILK PERMIT Items found to be in non-compliance with next inspection may be cause for revocation

4 are identified sell milk.

I

!



Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that should a repeat item(s) on non-compliance or if a significant item(s) is found to exist on an inspection, a reinspection shall be required after the lime deemed necessary to remedy the item(s) of non-compliance. Any significant or repeal iterrus) of noncompliance found 51i ll existing at the time of the reinspecticn may call for revocation of your permit to sell milk. lf the permit has been revoked a rcinspection will be made when the department has been notified that the problcm(s) has been corrected.

PRODUCER SIGNATURE

RECEIVED

DEC 1 7 1 C'

JNSPECTOR SIGNATURE

DAIA BURt:Al

:I

./

ALAN' G. LANCE Attorney General

CLrvE J. STRONG

Deputy Attorney General

Chief, Natural Resources Division

MARY FEENY

Deputy Attorney General

Idaho State Department of Agriculture 2270 Old Penitentiary Road

Boise, Idaho 83712

(208) 332-8509

(208) 334-4623 FAX

Attorneys for the Idaho State Department of Agriculture

BEFORE THE IDAHO STATE DEPARTMENT OF AGRICULTURE

DEPARTMENT OF AGRICULTURE, STATE OF IDAHO,

) ) ) )

) ST I POLAT J: ON , AGREEMENT, ) AND CONSENT ORDER

)

)

)

)

)

Complainant,

v.

Jacob Bosma and Henry Bosma, Respondents.

I. PARTIES

1.1 The Idaho State Department of Agriculture (Department) and Jacob Bosma and Henry Bosma (Respondents), collectively as "the Parties,* enter into this STIPULATION, AGREEMENT, AND CONSENT ORDER regarding Respondents' violation of the Sanitary Inspection of Dairy Products law and the Rules of the Department

STIPULATION, AGREEMENT, AND CONSENT ORDER Jacob Bosma and Henry Bosma

Page 1

DEC 0 11999

tEGALmAu

I

I

of Agriculture Governing Dairy Waste. In consideration of the facts, agreements, and terms and conditions hereinafter set forth, and subject to the approval of the Director of the Idaho State Department of Agriculture, the Parties enter into this STIPULATION, AGREEMENT, AND CONSENT ORDER.

II. JURISDICTION

2.1 The Parties enter into this STIPULATION, AGREEMENT, AND CONSENT ORDER pursuant to The Idaho Dairy Pollution Prevention Initiative Memorandum of Understanding incorporated by reference and attached hereto as Exhibit "lW, and title 37, chapter 4, Idaho Code, commonly known as the Sanitary Inspection of Dairy Products Law. Title 37, chapter 4, Idaho Code, authorizes the Director of the Idaho State Department of Agriculture to adopt appropriate rules, codified at IDAPA 02.04.14, the Rules of the Department of Agriculture Governing Dairy Waste, for the carrying out of the purposes of the Sanitary Inspection of Dairy Products law.

III. FINDINGS OF FACTS

3.1 At all times material hereto, Jacob Bosma was, and is
now, a resident of the state of Idaho.
3.2 At all times material hereto, Henry Bosma was, and is
now, a resident of the state of Washington.
3.3 Respondents have a Grade A Raw Milk Permit for operation of Respondents' dairy located at 318 Spring Cove Road, Bliss, Idaho.

3.4 On or about September 19, 1999, Stacy Butler, Bliss, Idaho, initiated a complaint with the Department against Respondents for discharge of waste. See Exhibit "2*.

STIPULATION I AGREEMENT I AND CONSENT ORDER Jacob Bosma and Henry Bosma

Page 2

Initial

DEC 0 11999

L _

3.5 On or about September 21, 1999, in response to the September 19, 1999, complaint of Stacy Butler, Mike Wiggs and Diana Tews, Dairy Inspectors for the Department inspected the Respondents' facility.

3.6 On or about September 23, 1999, in response to the September 19, 1999, complaint of Stacy Butler, Marv Patten, Chief, Bureau of Dairying and Diana Tews, Dairy Inspector, inspected Respondents' facility. See Exhibit U3".

3.7 The Department determined that on or before September 21, 1999, Respondents caused an unauthorized release of livestock waste beyond the Respondents' dairy farm property boundary.

3.8 On or about September 28, 1999, Marv Patten, Chief, Bureau of Dairying, sent the Respondents a Notice of Intention to Suspend Dairy Permit. See Exhibit "4".

3.9 On or about September 29, 1999, in response to the Notice of Intention to Suspend Dairy Permit, the Respondent's counsel C. Tom Arkoosh, wrote a letter to Marv Patten, Chief, Bureau of Dairying, requesting a settlement hearing.

3.10 The Respondents, subsequent to the September 21, and 23, 1999, inspections by the Department, corrected the noncompliance items listed in Exhibit "3".

IV. CONCLUSIONS OF LAW

4.1 Based on the Findings of Fact set forth above, the Department has determined the following occurred.

4.2 The Respondents, by causing an unauthorized release of livestock waste did violate the Rules of the Department of Agriculture Governing Dairy waste.


Page 3

Initial ~

~ED

DEC 0 11999

V. AGREEMEN'l'S

5.1 The Parties do stipulate and agree that the preceding facts and statements are true and correct.

5.2 Respondents agree to undertake all actions required by the terms and conditions of this STIPULATION, AGREEMENT, AND CONSENT ORDER. In any action by the Department to enforce the terms of this STIPULATION, AGREEMENT, AND CONSENT ORDER, Respondents consent to and agree not to contest the authority or jurisdiction of the Department to issue or enforce this STIPULATION, AGREEMENT, AND CONSENT ORDER, and agree not to contest the validity of this STIPULATION, AGREEMENT, AND CONSENT ORDER or its terms.

5.3 Respondents agree to continue to cooperate in the investigation of the condition of the spring directly west of the Bosma facility, which spring is owned by the Butler family of Spring Cove Ranch and the spring located directly north of the Bosma facility which spring is owned by the Archie Walker family.

VI. TERMS AND CONDX'l'XONS

6.1 Respondents affirm and represent that no promise. inducement. or agreement not herein expressed has been made to them and that this STIPULATION, AGREEMENT, AND CONSENT ORDER contains the entire agreement between the Parties. Respondents further affirm and represent that, throughout the proceedings with the Department concerning Respondents' violation of the Sanitary Inspection of Dairy Products law and the Rules of the Department of Agriculture Governing Dairy Waste, Respondents have been represented by C. Tom Arkoosh, Esq.

STIPULATION, AGREEMENT. AND CONSENT ORDER Jacob Bosma and Henry Bosma

Page 4

Initial ~

p-r=ce I VEO

DEC 0 11999

,-,

6.2 To avoid further enforcement proceedings by the Department relating to violation of the Sanitary Inspection of Dairy Products law and the Rules of the Department of Agriculture Governing Dairy Waste which occurred on or before September 21, 1999, as set forth above, Respondents agree freely, voluntarily, and with full knowledge, to the terms and conditions contained herein.

6.3 Notwithstanding paragraph 6.2 above, the Parties acknowledge that if Respondents commit any future violations of the Sanitary Inspection of Dairy Products law or Rules of the Department of Agriculture Governing Dairy Waste, then the incident as set forth in paragraph 3.7 and paragraph 4.2 will be considered to be a previous violation for purposes of determining the appropriate degree of penalties to be imposed.

V:[]: • PENALTY

7.1 Total Penalty. Respondents shall pay a penalty fo~ violation of the Rules of the Department of Agriculture Governing Dairy Waste in the amount of the "mail boxw price of the milk produced (143,525 lbs.) on September 21, 1999, and September 22, 1999, as determined by WestFarm Foods.

7.2 Method of Payment. Respondents shall authorize WestFarm Foods to deduct the value of the September 21, 1999, and September 22, 1999, milk production from the amount due Respondents from WestFarm Foods for Respondents' first December milk payment. This payment may be made prior to the first December milk payment. Further, Respondents shall direct WestFarm Foods to issue a check(s} in the amount of twenty-one thousand, ninety-eight dollars and eighteen cents ($21,098.18)


Page 5

In ~'VED DEC 0 , f999

"

""L

to an Idaho bonafide charity(s) of Respondents' choice. The Director shall approve the charity.

VIII. VIOLATION OF THE TERMS OF THIS ORDER

8.1 In the event that the Respondents fail to comply with any term of this STIPULATION, AGREEMENT, AND CONSENT ORDER, the failure will be deemed a violation of this STIPULATION, AGREEMENT, AND CONSENT ORDER. Respondents agree and are on notice that failure to comply with the terms of this STIPULATION, AGREEMENT, AND CONSENT ORDER may result in a district court action seeking specific performance of this STIPULATION, AGREEMENT, AND CONSENT ORDER, additional penalties, the assessment of costs and attorney fees, restraining orders, injunctions, and such further relief as is deemed appropriate. Enforcement of the terms of this STIPULATION, AGREEMENT, AND CONSENT ORDER shall be in addition to enforcement proceedings relating to any subsequent causes of action arising fro~ violation of the Rules of the Department of Agriculture Governing Dairy Waste. In the event that Respondents violate the terms of this STIPULATION, AGREEMENT, AND CONSENT ORDER, Respondents' Grade A Raw Milk permit will be suspended at the discretion of the Director of the Department.

XX. WAIVER

9.1 Respondents waive all further procedural rights, including the right to a hearing, with regard to the enforcement of this STIPULATION, AGREEMENT, AND CONSENT ORDER. This waiver does not apply to hearings on violations of the Sanitary Inspection of Dairy Products law or the Rules of the Department of Agriculture Governing Dairy Waste not specifically addressed


Page 6

InitiaI~ ~EIVED

DEC 0 11999

by this STIPULATION, AGREEMENT, AND CONSENT ORDER. If Respondents are cited with a subsequent violation of the Sanitary Inspection of Dairy Products law or the Rules of the Department of Agriculture Governing Dairy Waste, Respondents are entitled to a hearing to determine whether a violation occurred.

X. NO RELIEF FROM OBLIGATION TO COMPLY WITH APPLICABLE LAWS

10.1 This STIPULATION, AGREEMENT, AND CONSENT ORDER shall not in any way relieve Respondents from any obligation to comply with any provision of the Sanitary Inspection of Dairy Products law and the Rules of the Department of Agriculture Governing Dairy waste or any other applicable local, state or federal laws, statutes, rules or regulations.

.;. :

XI. SUCCESSORS AND ASSIGNS

11.1 This STIPULATION, AGREEMENT, AND CONSENT ORDER shall

bind Respondents, successors and assigns, until te~minated in writing by the Department as provided in paragraph 12.1 below.

XII. TERMINATION

12.1 When all terms of this STIPULATION, AGREEMENT, AND CONSENT ORDER have been fulfilled, Respondents may petition the Department, in writing, for termination of this STIPULATION, AGREEMENT, AND CONSENT ORDER.

XIII. EFFECTIVE DATE

13.1 The effective date of this STIPULATION, AGREEMENT, AND CONSENT ORDER shall be the date of signature by the Director of the Idaho State Department of Agriculture. In the event that this STIPULATION, AGREEMENT, AND CONSENT ORDER is signed later


Page 7

RECEIVED DEC 0 f 1999

I ~I\"f "'". .... 11

than November 19, 1999, the effective date of this STIPULATION, AGREEMENT, AND CONSENT ORDER shall be retroactive to November 19, 1999.

XJ:V. COMMONJ:CATJ:ONS

14.1 Verification of payment of penalties required by this

STIPULATION, AGREEMENT, AND CONSENT ORDER shall be addressed to:

Legal Administrative Assistant Idaho Attorney General's Office

Idaho State Department of Agriculture P.O. Box 790

Boise, Idaho 83701-0790

14.2 All other communications required by this STIPULATION,

AGREEMENT, AND CONSENT ORDER shall be addressed to:

Mary Feeny, Deputy Attorney General Idaho Attorney General's Office

Idaho State Department of Agriculture P.O. Box 790

Boise, Idaho 83701-0790

XV. CONSENT ORDER

15.1 Based on the foregoing stipulated facts and agreements, and on Respondents' free and voluntaryagreernent to abide by the above-stated terms and conditions, the items listed in paragraph 15.2 below are ordered.

15.2 Respondents shall be assessed a penalty and shall forfeit twenty-one thousand, ninety-eight dollars and eighteen cents ($21,098.18) for violation of the Rules of the Department of Agriculture Governing Dairy Waste shall be paid in the manner set forth above.


Page 8

Initi"~ I V ED DEC 0 11999

LEGAL BUReAU

IDAHO DEPAImIENT Of' .IOOICIA.lURE

.-.

IT IS SO ORDERED AND AGREED this

M daYOf~

I 1999.


BY: Patrick A. Takasugi, Director

STIPULATION I AGREEMENT I AND CONSENT ORDER Jacob Bosma and Henry Bosma

Page 9

IVEO DEC 0 f 1999

LaWIIUIEAI.I

IDAHO 0El'AR1MENT Of AGRICUllUAF

> •

CONSENT TO BE BOUND BY STI:PULATI:ON, AGREEMENT, AND CONSENT ORDER Jacob Bosma, on his own behalf and on behalf of Henry Bosma, being first duly sworn upon oath, deposes and says:

That he is a Respondent in the above-entitled STIPULATION, AGREEMENT, AND CONSENT ORDER;

That he has read the foregoing STIPULATION, AGREEMENT, AND CONSENT ORDER, knows the contents thereof, and believes the same to be true to the best of his knowledge;

That he freely and voluntarily agrees to be bound by all terms of the foregoing STIPULATION, AGREEMENT, AND CONSENT ORDER.

SIGNED this \" '10 day of

---:.../i/..:.;........::tJ~/_:./_, 1999.

JACOB BOSMA and HENRY BOSMA, RESPONDENTS

of Respondents

STATE OF IDAHO , ) County of ~ ~ SS.

On this d in" the year 1999, before me

the undersigned ~ l,.().~ Notary Public in and for said state, personally appeared Jacob Bosma, known or proved to me to be the person who executed the within STIPULATION, AGREEMENT, AND CONSENT ORDER and who acknowledged to me that he executed the same for the purposes therein stated.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

NOTARY PUBLIC for Id~~~ Residing at: ~~~ l My commiSSionctxPIres~OrjJ~M

RECEIVED DEC 0 1 f999

_", __ .U:(;iAL 8UIIEAIJ


Page 10

· .

,1

THE IDAHO DAIRY POLLUTION PREVENTION INITIATIVE MEMORANDUM OF UNDERSTANDING

OBJECTIVE

The objectives of this Memorandum of Understanding (MOU) are to define roles of the agencies in regulating the dairy industry in Idaho and to recognize the Idaho State Department of Agriculture's (ISDA's) lead role in ensuring dairy waste systems and practices in accordance with the provisions outlined in the Idaho Waste Management Guidelines for Confined Feeding Operations (CFO Guidelines), a 1993 publication by the Idaho Department of Health and Welfare's Division of Environmental Quality (IDEQ). This MOU sets forth a working arrangement between the agencies and the Idaho dairymen to reduce duplicative inspection efforts, increase the frequency of inspections of dairy waste management systems and to provide a sound inspection program, in order to prevent pollution and protect Idaho's surface and groundwater from dairy waste contamination.

BACKGROUND

This MOU has been developed because of the recognition by the Idaho Dairymen's Association (IDA), ISDA, the U.S. Environmental Protection Agency (EPA), IDEQ, and other interested parties for the need to formalize an ongoing effort to conserve resources, to more effectively and efficiently use personnel, to reduce duplicative inspection services, and to ensure Idaho dai.ymen comply with the Clean Water Act (CWA) and the Idaho Water Quality Standards and Wastewater Treatment Standards (IWQS). This approach will capitalize on the already frequent presence of ISDA dairy inspectors on dairy farms and is intended to enable IDEQ and the EPA to redirect and focus resources.

AGREEMENT

Whereas the ISDA routinely inspects dairies for milk sanitation issues, and;

Whereas the ISDA, the IDEQ. and the EPA conduct routine environmental inspections on these same dairy farms. and;

Whereas it is in the best interests of the people residing in the State of Idaho to support more efficient governmental programs. and;

Whereas the protection of water quality will be enhanced through a more cooperative and efficient approach, the undersigned agencies hereby acknowledge the ISDA as the lead agency for dairy waste management inspections to ensure compliance with the CW A and the IWQS. and agree to the following:

MEMORANDUM OF UNDERSTANDING .. 1

RECEIVED Emimc"o" 11999 LEGALmAU

IONK) DEPARMNT OF AGRICULTURE

GENERAL POLICIES

1) Inspections of dairies should generally include a visual inspection of the waste containment and runoff control facilities.

2) Inspections of dairies will be conducted so that reliable information concerning operating conditions applicable to water quality requirements will be documented.

3)

Inspections may include the collection of discharge samples and photographs. Any sampling of discharges and subsequent analyses will be conducted according to procedures subsequently approved by ISDA. IDEQ, and EPA with consultation with IDA.

4) Meetings between the ISDA, the IDEQ. the EPA, and the IDA will be the primary method for discussion of program progress. The ISDA, IDEQ. and EPA may also identify those instances where enforcement action may be appropriate. An annual mid-year review meeting will be held each April between the ISDA, the IDEQ. the EPA, and the IDA to address issues regarding waste management and the environment relative to the dairy industry.

5) ISDA, IDEQ and EPA files will be mutually available under applicable law to the ISDA. IDEQ and EPA for inspection and copying. They shalI respect the confidentiality of files or materials designated CONFIDENTIAL in accordance with

federal and state regulations. '

RESPONSmILITIES The ISDA will:

1) Promulgate and enforce rules for the purpose of carrying out the objective of this MOU. Non-compliance with these rules or discharge violations may result in revocation of authority to sell milk for human consumption.

2) Initiate appropriate dairy waste inspection protocols to prevent dairy waste releases.

-

3) Conduct periodic inspections of all dairies to include evaluation of waste collection,

treatment, handling, disposal. and management procedures for compliance with the CW A and the IWQS. Respond to all complaints and information regarding dairy waste management.

4)

Notify IDEQ inunediately of all releases that cannot be stopped within 24 hours. All releases that present a substantial present or potential hazard to human health and the environment shall be immediately reported tothe IDEQ.

RECEIVED


DEC 0 11999

5) Provide a written summary report of all observed releases from dairies that reach waters of the United States on a quarterly basis to the EPA and the IDEQ. The report will include, at a minimum, the number of releases by watershed, the number of inspections conducted, and a summary of the resolution actions taken.

6) Prepare and submit an annual report to the IDEQ and the EPA prior to the annual mid-year review. The report will include activities for the past year as well as planned and ongoing activities for the current year.

7)

Not revoke a dairy facility's authorization to sell milk if there is a discharge from that facility if that facility has a National Pollution Discharge Elimination System (NPDES) permit and the discharge is not in violation of the NPDES permit.

.~. :.

8) Approve the design, construction, and location of dairy waste management systems for dairy farms, per the CPO Guidelines.

The IDEQ will:

1) Provide training, information, education, and technical assistance for waste handling and disposal to the ISDA, andlor to dairies upon request, to the extent of available resources.

2) Discontinue routine compliance inspections on dairies, consistent with the terms of this MOU.

3) Conduct inspections of dairies only when requested by the ISDA. However, the IDEQ retains the right to inspect in any situation it considers to present a substantial present or potential hazard to human health and the environment after due notification to ISDA.

4) Initiate enforcement actions under the authority of the Idaho Environmental Protection and Health Act. only upon request or referral by the ISDA or as a direct result of the investigation actions outlined in paragraph 3 above.

5) Evaluate ISDA inspection records annually, or at a frequency determined to be necessary by the parties to this agreement during the annual mid-year review. The IDEQ will prepare and submit a report of this review to the ISDA.

The EPA:

1) Will provide NPDES permit coverage for those dairy operations wishing protection afforded through the authority of the CW A.

2)

Will discontinue routine compliance inspections on dairies during the term of this agreement.

RECEIVED DEC 0 11999

MEMORANDUM OF UNDERSTANDING - 3

.-.

3) Intends to conduct inspections of dairies only when requested by the ISDA.

However. the EPA retains the right to inspect in any situation it considers to present a substantial present or potential hazard to human health and the environment after due notification of ISDA.

4) May initiate enforcement action under the CWA upon request or referral by the ISDA or the IDEQ, or as a direct result of investigations conducted as outlined in the preceding paragraph.

5)

Will 'provide annual training, information, education, and technical assistance for waste handling and disposal to the ISDA andlor dairies upon request, to the extent of

available resources. r

6) Will review the ISDA inspection program twelve months after its initiation. A small number of dairies (not to exceed ten) across the state will be visited as part of the oversight review to determine program success. During the oversight review. these dairies will be visited by an ISDA inspector or field person and an EPA staff person for the following purposes: (1) to ensure that inspections are occurring as provided by this MOU and ISDA rules; and (2) to ensure inspections are conducted in a consistent manner across the state. Information collected by EPA during oversight visits will be for the purpose of providing feedback to ISDA. As ISDA will be the lead agency in Idaho for dairy inspections, EPA does not intend to use information resulting from the oversight visits to initiate independent enforcement actions except as provided in paragraph #3 above. EPA will submit a report of the review to the parties. This on-site inspection process will be reviewed annually to determine if it is needed for the following year and be renewed, modified or cancelled.

The IDA will:

1) Continue the concept of the "Dairy of Merit" program which acknowledges dairies that operate in an environmentally responsible manner.

2) Support continuing education of dairies concerning necessary waste management practices to protect surface and ground water from contamination.

3) Participate in the annual review with the signatory parties and work cooperatively with the signatory parties to achieve the objectives of this MOU.

GENERAL PROVISIONS

1) Nothing in this agreement shall be construed as surrendering existing statutory or regulatory authority of any party. However, the IDEQ and the EPA recognize the lead role of the ISDA in inspecting dairies as set forth in this MOU and will exercise their authorities accordingly.

MEMORANDUM OF UNDERSTANDING - 4

RECEIVED DEC 0 11999

lEGAl. BUfIEAI;

.",. In fILrfiII ...... f"'U'II" ..... ,. III AoI'IIIIIII'tt II "'I'tl"'r

,.

2) Nothing in this agreement shall be construed to release a dairy from complying with applicable local, state, and federal environmental statutes, regulations, permits, or consent orders.

3) The term of this agreement shall be 5 years, unless otherwise revoked by anyone of the signatory parties following 30 day notice to all parties. This agreement may be amended or extended through mutual agreement of the parties. This agreement. when accepted by each agency. will be effective from date of the last signature.

SIGNATORY PARTIES:

Hatch. Director

a vronern of Agriculture

e: ~ qs

7

ib

Administra tor

Division of Environmental Quality

Idaho Department of Health and Welfare Date: ~2-C bf:::

~ t2fiJZ ..

Chuck Clarke, Administrator Region 10, U.S. EPA

Date: MY/I} , ......

Pete Lizaso Chairman

Idaho Date: ~~~~~~~7~~


RECEIVED DEC Of 1999

LEGAl. 8UREAl.!

II'lAWlN:D.u"lIe .... ,..,. ...... ~. ~ _ . __

, .

STATlE Of iDAHO

DIRK KEMPTHORNE

Govemor

PATRICK A. TAKASUGI Director

September 28, 1999

Jake and Henry Bosma 318 Spring Cove Road Bliss, Idaho 83314

CERTIFIED RECEIPT # Z 269 546 715 RETURN RECEIPT REQUESTED

RE: NOTICE OF INTENTION TO SUSPEND DAIRY PERMIT

Dear Messrs. Bosma:

Intended Action: This notice is to inform you that, pursuant to Idaho Code, Title 37, Chapter 4, and IDAPA 02.04.14, Rules Governing Dairy Waste, you will not be allowed to sell for human consumption the milk produced by your facility" on September 21St and 22nd, 1999. However, the value of the milk produced on these date, can be donated to an approved charity". The Idaho State Department of Agriculture and Darigold will work with you on this issue.

Basis for Intended Action:' A review of Idaho State Department of Agriculture records indicates that your facility" discharged dairy waste on or before September 21 st, 1999.

Opportunity to Respond: You have the right to an administrative hearing before your milk permit is suspended. A request for a hearing must be sent, in writing, to the ISDA, Bureau of Dairying within 48 hours of receipt of this letter. Failure to request a hearing, in writing, within 48 hours of receipt of this letter constitutes a waiver of your right to a hearing. You may fax your request for a hearing to the Bureau of Dairying at 208-334-4062.

In an attempt to resolve this matter without proceeding to an administrative hearing, a settlement meeting can be scheduled at the Idaho State Department of Agriculture, 2270 Old Penitentiary Road, Boise, Idaho 83712. The following representatives from the Department may be in attendance at the settlement meeting: Administrator - Division of Animal Industries, Chief - Bureau of Dairying, Dairy Program - Manager, Dairy Inspector, and Deputy Attorney General. You may wish to be represented by legal counsel, however, you are not required to have an attorney present. At this meeting, the Department will review the facts of your case, including any information you may wish to provide. After reviewing the facts, the Department will discuss with you what course of action IS appropriate. If we cannot reach an agreement in the

RECElVED EXHWI ~I\ 1999

2270 oa Penilentiary Road • P.O. Box 790· Boi:se.Idaho 83701 • (208) 3J2.85OO ut \; U

ITO SERVE, PROMOTE AND SAFEGUARD IDAHO'S DIVERSE AGRICULTURE CO~""unlOr 1WP~('f .............. ,-

_ ,Jake and Henry Bosma . September 28, 1999 Page 2 of2

settlement meeting, you will still be afforded the opportunity for an administrative hearing. Please respond, in writing, within the allotted 48-hour time frame and indicate whether you are requesting an administrative hearing or a settlement meeting. If no response is received within the allotted time period,

formal action may be initiated.

If you have any questions, please contact this office at (208) 332-8550.

Sincerely,

Marv Patten

Chief, Bureau of Dairying

ss

cc: Michael Mitchell, PE, Dairy Program Manager Mary Feeny, Deputy Attorney General

Diana Tews, State Dairy Inspector

Mike Wiggs, State Dairy Inspector

Bryce Bowman, Darigold

RECEIVED DEC 0 11999 1IMIl~AeMWf,¥l

.

IDAHO DEPARTMENT OF AGRICULTURE BURBAU-OF lMlRYlNG

PO BOX 190. BOISem 8310UJ190 (lO8) J32-8S50

DAIRY FARM: WASTE FACILITY INSPECTION REPORT

PLANT SHIPPING TO

A dairy fmn waste facility inspection was conducled at your facUity on !his datto IIems found 1(1 be in non-c::omplianc::c with IDAPA 02.04.14 are identified below. Please be aware thaI repeat non-complianc::e items found to exist on the next inSpcc::tion may 'be cause for revocation of your permit to sell milk.

lTEMIDESCRIPTION

L MILKING CENTER FACD.ITIES

L Properly c::onstruc::led and niaintained

b. Anima1s properly confined

c. Waterways protected

n. WASrE CONTAINMENT FACILlTlES

a. Properly designcdJconstructedl located

b. Adequate storage capacity

c. Fac::iIity properly maintained 1(1 prevent nuisance conditions

m, JPERATING PLAN

a. Adequate general desc::ription of me wascc ItIIIIIIement plan available

DAm

PERMIT,:

.~

b. Arc solidslliquids bandied and disposed of'

c. Appropriare sc::btdllJectrues of JaniI applkwrion provided (II applicable)

'.

f. Erikncc of a put dischaqe

. . . I,

rv, COMPLIANCE SCHEDULE JP .APPLICABLE

a. lIIuc nocicc of:

I. Non-compliance

1.

b. IIepcat DOlic::e.

I. NorM:OJDpIiance

1. Dilc::baqe/Violatioa

Co Jtcvolce milk permit

.., < h' "., ••

·rc 1IOIt<OIIQIIiaD. or ..wat6oD II DOt promJ1CJ3 correded, • detded iDIpectIon cbecklilt will be eoaapldecl.

IDAHOD~Aqid;~rllll! .

, - . 1. Complaint Number
IDAHO DBPARD4EN'l' OF AGRICULTURE ·t1Q-OD1 I
stmEAU OF DAIR.YING CQl(pLAINT REPOR'l'
- 2. Date Complaint Reoeived
9/19/99
3.Type of Complaint 4.Source 5.Name/Address/Phone Number of
Product Individual XX Complaint
Environmental XX Government Stacy Butler Bliss Idaho
Nuisance Other
Miscellaneous
6. Complaint: There are dead cows and calves being dumped on the property line between
the Bosma Dairy and the Archie Walker Property north of the Bosma Dairy Barn. These
calves are being dumped above a spring outlet that feeds a livestock-watering pond on
the Walker property. This was found when some kids were out hunting over the weekend ..
in this area. ,
7.Il~ness Involved? B.Health Professional Involved? 9. Hospitalization
Required?
No Yes No Yes No Yes
Name/Address/Phone Name/Address/
Phone
lO.Type of Product 11.Size/Style of 12.Product 13. Package Code
Package Labeling
l4.Manufacturer lS.Distributor l6.Date Purchased 17.Name/Location
where Purchased
1B.~leged Environmental 19.Name of 20 . Name/Address of Individual/Company
Damage? waterway Affected alleged to be cause of complaint
Spring water way Bosma Dairy Bliss Idaho
No Yes XX
21. Evidence/Sample 22.Disposition 23.D06s
Obtained Follow up Needed Complainant
Closed without Further Investigation expect ad.di tiona!
No Yes XX Dept. Contact?
Referred to No Yes
-
24.Remarks: On 9/21/99 I met with Stacy Butler to discuss the problem with the
dumping of the calves. With me was Diana 'l'aws I dairy .inspector with the Dept of Aq.
After tal.k.ing with Stacy I Art Butler took us to meet with Mike Voss. He took us up to
the dump sight on the Walker property. '!'here were many dead carcasses in this area
which was direotly above. spring where the water comes out of the side of the hill.
We observed a stillborn calf that was ly.i.nq in the water bel.ow the outlet of the
spring. It appears the calves were being- brouqht out to this sight and clumped over
the edge of the draw which this spring is in and were left to rot away. '!'here were
old decayed carcasses of bone and hides and several fresh calves that appeared to be
clumped recently.
Name Date 9/21/99
Mike Wiqgs RECEIVED Jl~fIP ,'2,1999

LEGAl. tIOtII:N.

IDAHO DBWmlFll" IY AGRICl1I. TUR~

INSPECTOR SIGNATURE

PRODUCER SIGNATURE

DAIRY BUREAU

IDAHO DEPARTMENT OF AGRICULTURE BUREAU OF DAiRYING

PO BOX 790, BOISE ID 83701~0790 (208) 332-8550


DAIRY NAMEIOWNER/ADDRESS/CITY

DATE:

PLANT SHIPPING TO

I

PERMIT#:

TIME:

# OF ANIMAL UNITS: r:

A dairy farm waste facilityinspection was conducted at your facility on this date. Items found 10 be in non-compliance with IDAPA 02.04.14 are identified below. Please be aware that repeat non-compliance items found to exist on the next inspection may be cause for revocation of your permit to sell milk.

ITEM/DESCRIPTION

I. MILKING CENTER FACILITIES

a. Properly constructed and maintained

h. Animals properly confined


II. WASTE CONTAINMENT FACILITIES

a. Properly designed/constructed/located


c. Fac il ity prope rl y ma lnrained to pre v e nl nuisance conditions

Ill. OPERATING PLAN

a. Adequate general description of the waste management plan available

TIME FRAME FOR REMEDIAL ACTION

b. Are solids/liquids bandied and disposed of properly

c. Appropriate schedules/rates of land application provided (If applicable)

d. Agreement available if disposal involves other land owners

e. Changes in plan since last inspection

f. Evidence of a past discharge

IV. COMPLIANCE SCHEDULE IF APPLICABLE

a. Issue notice of:

1. Non-compliance

2. Discharge/violation

b. Repeat notice*

1. Non-compliance

2. Discharge/Vlclation

*If non-compliance or violation is not promptly corrected, a detailed inspection checklist will be completed,

C. Revoke milk permit

REMARKS

RECElVED

AUG 0 9 1999

DAIRY BUREAU

u..u h..e-

ECG:DfED

AUG 0 9 1999

JUN-14-99 MON 03:46 PM AVONMORE WEST INC

Al'OIl"'Ore West inc.·,

9024 AARDEMA DAI RY #2 99058

R'EceiVEO JUN lit 1999 DAIRY BUREAU

FAX NO, 12087339222

p, 04

U..L. I {U

$750.00

, '. , .

\

~JR'.

Avonmore West Inc. :', '

1a7J fiLLMORE er .• TWIN FALLS.ID m01

'II I '

~. .]

., ' . - ~'

PAY . __ .

seven hundred fifty and xx I 100, .:'

TO nil" .' •

~ ,

.:

'\ I I. ~~

ORDER OF

"

'J

CANYONSIDE SCHOOL 100 EAST AVE 0

! ,= 'i I"

.'

I.:

h

, .

I .~ - \

, JEROME 10 83338

I ,:'

" . , .

FIFIST OUM! BANK ".A.

MILLS80RO, DEl..:'\wAFI,e

81770

" ~ ., '

.,,-.' "

.'1

AMOUNT

", ,- -I',~ :., ~'.~.~' ' ~ :

-:; ,.:: ' .. ',:, , GJ1'8t99, --.

'~ ~.:, - :

. ': ."::.,

- ~,

. , '~

: ~.

"'

, ,

'. ,,'

.~.: : I .,' .'. , _ s ~

.. ' .....

,JI I

1750.00

JUN-14-99 MON 03:46 PM AVONMORE WEST INC

Auonruare West inc.

FAX NO. 12087339222

P. 03

......a.vvv

9024 AARDEMA DAIRY #2 99056

$750.00

RECEIVED JUN 11t 1999 DAiRY BUREAU

-;

.. I'

FIRST CIilNI BANK N.A.

, MILLSBORO, D~WAR,E v

" ,I '. ~ ."

G& __ ~11

81808 '

~%

-··.·,,1 .• ~~

Avonmore West Inc. ,

1373 ~lll.!oIOAE ST" lWIN FALLS, 10 mOl' .

r ..

PAY _',

seven hundred fifty and xx 1100 .' ';

TO THE , : " ' " t ...

ORr.l~A Of .. .'

"

.~

, .

IMMANUEL ,L~,!HE:RAN SCHOOL 2055 FtLE:R AVE E

;$750.00

. -

-s» : ••

: .. "\ ~

TW IN' FAiLs 10 83301 .. ,. ,

, !

('~. I I' , r';" _

f. :

,/" r,

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.;r • _ ,~. .' ~ I ~', ' I • .t ,'.

, " ~. ~110 ' ~ _

- ,'- '

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, ,

L _

----------------~-.-

STATE OF IDAHO

OFFICE OF THE ATTORNEY GENERAL ALAN G. LANCE

May 25, 1999

John O. Fitzgerald, II. Fitzgerald & Fitzgerald Attorneys and Counselors at Law 1530 West state Street

P.O. Box 427

Meridian, Idaho 83680

Re: Aardema Dairy II - Settlement Meeting

Dear Mr. Fitzgerald:

I am in receipt of a copy of your May 22, 1999, letter to Marv Patten regarding the above matter.

The Department is in agreement with your summation of the meeting; however, so that there is no misunderstanding, one clarification is necessary. In paragraph three of your

letter, you state that. . "Jennifer Beddoes is to assist

Aardema Dairy to gather the necessary information for the development of that nutrient management plan and to develop the plan". (emphasis added). Ms. Beddoes will assist the Aardemas in obtaining certified soil sample results to aid the Aardemas and their planner in the development of their nutrient management plan. Ms. Beddoes will not be responsible for development of the plan. As the Land Application Specialist for the Department, Ms. Beddoes approves all nutrient management plans.

Finally, my understanding is that you have requested Marv Patten and his assistant, Mary Barnett, to contact you instead of contacting Ron and Don Aardema. In the future,

Natural Resources Division, Department of Agriculture

2270 Old Penitentiary Road, Boise, Idaho 83712: P.O. Box 790, Boise. Idaho 83701 Telephone: (208) 332-8509, FAX: (208) 334·4623

John o. Fitzgerald, II. May 25, 1999

Page 2 of 2

kindly direct your correspondence and any contacts you may have with Department personnel, regarding this matter, to my office.

Sincer~y,----~

~~/~~~ V~~-PJ-:J' .

Mary Feeny

Deputy Attorney G neral

Cc: Marv Patten, Bureau Chief

Jenifer Beddoes, Land Application Specialist Mike Wiggs, State Dairy Inspector

FITZGERALD & FITZGERALD

JOHN O. FI1Z0ERALO. P.A. JOHN O. FITZGERALO II. P.A.

AtTORNEYS AND COUNSELORS AT LAW 1530 WEST STATE STREET

P.O. BOX 427

MERIDIAN, IDAHO 83680

THIS FIRM INCLUDES PROFESSIONAL CORPORA nONS

TELEPHONE (208) e88~461 FACSIMILE (208) 686·3988

May 22,1999

RECEfVED

Marv Patten, Bureau Chief ISDA, Bureau of Dairying 2270 Old Penitentiary Road P.O.·Box 790

Boise, Idaho 83701

RE: Aardema Dairy # 2 - NOTICE OF INTENTION TO SUSPEND DAIRY PERMIT

Dear Mr. Patten:

This letter is written as a follow up to our May 19, 1999 meeting concerning the abovereferenced matter and to conftrm the agreement reached at that meeting for the resolution of the matter.

It was agreed that Aardema Dairy would develop a standard operating policy/procedure directed at monitoring the spraying of dairy wastewater through its pivots on its real property.

Further, Aardema Dairy will use its good faith best efforts to have developed a nutrient management plan. In this regard, Jennifer Beddoes is to assist Aardema Dairy to gather the necessary information for the development of that nutrient management plan and to develop the plan.

With respect to the development of the standard operating policy/procedure directed at monitoring the spraying of dairy waste water through its pivots on its real property and the nutrient management plan, Aardema Dairy agreed to have them developed no later than July 15, 1999. However, with regard to the development of the nutrient management plan, Aardema Dairy will not be considered or deemed to have failed to meet the July 15th deadline if such failure is due to or attributable to third parties. Additionally, the Idaho State Department of Agriculture has agreed to approve or "sign off' on the said standard operating policy/procedure and the nutrient management plan.

Finally, Aardema Dairy #2 agreed to a penalty of$1,SOO.OO, which fine shall be paid by a donation to a charity of Aardema Dairy #2's selection, such selection being subject to the approval of Idaho State Department of Agriculture.

Marv Patten. Bureau Chief ISDA. Bureau of Dairying March 22, 1999

Page 2.

Should my understanding as set forth above be incorrect or inaccurate, please advise me immediately so we may clarify the agreement reached at that meeting for the resolution of the matter.

JOFIII

cc: Aardema Dairy #2, Don Aardema

Mary Feeny, Idaho Deputy Attorney General 05229904JILdoc

----------------------------------------

STATIE Of HDAHO

DEPART.lV~E~T OF AGRl C PLTlvRE

DfRK KEMPTHORNE

Governor

PATRfCK A. TAKASLGf

Director

May 13,1999

Don Aardema

2105 E 3600 S Wendell, Idaho 83355

CERTIFIED RECEIPT # Z 269 546 575 RETURN RECEIPT REQUESTED

Re: Notice of Settlement Meeting

Dear Mr. Aardema:

On April 30, 1999, you received the Idaho State Department of Agriculture's April 29, 1999, Notice of Intention To Suspend Dairy Permit, In the facsimile dated May 1, 1999, from John Fitzgerald, II., a settlement meeting was requested.

A settlement meeting has been scheduled on May 19th, 1999, at 10:00 a.m., at the Idaho State Department of Agriculture, 2270 Old Penitentiary Road, Boise, Idaho 83712. The following representatives from the Department may be in attendance at the settlement meeting: Administrator - Division of Animal Industries, Chief - Bureau of Dairying, Dairy Program Manager, Dairy Inspector, and Deputy Attorney General. You may wish to be represented by legal counsel, however, you are not required to have an attorney present. At this meeting, the Department will review the facts of your case, including any information you may wish to provide. After reviewing the facts, the Department will discuss with you what course of action is appropriate. If we cannot reach an agreement, the Department will initiate a formal enforcement action. Within 5 days of your receipt of this letter, please contact me or Mary Barnett, Senior Secretary, at 208-332-8550 as to whether you will attend the settlement meeting. If no response is received within the allotted time period, formal action will be initiated.

Sincerely,

-7?(~V?zt~

Marv Patten Bureau Chief

mb

cc: Mary Feeny, Deputy Attorney General Michael Mitchell, PE, Dairy Program Manager Mike Wiggs, State Dairy Inspector

Jeff Williams, Avonmore

John Fitzgerald, II, Fitzgerald & Fitzgerald

22:70 Old Penitentiary Road • P.o. BOl( 7lXl. Boise. Idaho 83701 • (208) 332-8500

'TO SERVE, PROMOTE AND SAFEGUARD IDAHO'S DIVERSE AGRICULTURE COMMUNITY'

5-13-99 Notice of Settlement Meeting to Don Aardema
5-11-99 Cover letter for public records to John Fitzgerald from Marv
5-1-99 Facsimile from John Fitzgerald requestin_g_ meeting (2 pages)
4-29-99 Notice of Intention of Suspend Dairy Permit
4-21-99 Coliform Density Tests
4-21-99 Water test results
4-21-99 Dairy Farm Waste Facility Inspection Report
4-21-99 Dairy Waste Discharge Violation Notice
4-21-99 Video
4-21-99 Complaint Report
4-30-98 Soil Texture Analysis
4-29-98 Construction Inspection Report
2-26-96 Facility information sheet
2-21-96 Dairy Farm Waste Facility Inspection Report -------------------------- --- _--

5-11-99 Cover letter for _public records to John Fitzgerald from Marv
5-1-99 Facsimile from John Fitzg_erald r~_questin_g_ meeti:qgJ_2 Qages)
4-29-99 Notice of Intention of Suspend DairY Permit
4-21-99 Dairy Farm Waste Facility Inspection ReQ_ort
4-21-99 Video
3-17-98 Dairy Farm Was te Facili ty_ Ins_pection ReQort
3-17-98 ComtJ_laint Report
10-29-97 D%llY_Farm Waste Facility_Ins_pection ReI:>ort
4-22-97 Dairy_ Farm Waste Facili ty_ Ins:pection Regort
10-22-96 Dairy_ Farm Waste Facility_Ins_pection Report
6-11-96 Dairy_ Farm Waste FacilityInwection Re120rt
2-21-96 Dairy Farm Waste FacilityIns:pection Regort \

\

----------------------------

5-11-99 Cover letter for public records to John Fitzgerald from Marv
5-1-99 Facsimile from John Fitzgerald requesting meeting (2 pages)
4-29-99 Notice of Intention of Suspend Dairv Permit
4-21-99 Video
4-21-99 Com _plaint Re_Qort
8-17-98 DairY Farm Waste Facility InsQection Report
4-2-98 Dairv Farm Waste Facility Inspection Report
3-17-98 Dairv Farm Waste Facility Inspection Report
3-17-98 Complain t Report
10-29-97 D_gj_ry Farm Waste Facility Ins12__ection R~ort
4-22-97 DailY Farm Waste Facility Inspection Report
2-21-96 Dairy Farm Waste Facility__InsQection Report ----------------

1530 West State Street P.O. Box 427 Meridian, Idaho 83680


Fax

To:

ISDA, Bureau of Dairying

From: John 0. Fitzgerald, II.

Fax: (208) 334-4062

Pages: 2, including this page. If you do not receive all of the pages, please call our office at (208) 888-4461.

Phone: (208) 332-8500

Date: 05/01199

Re:

Aardema Dairy #2 - Notice of Intention to Suspend Dairy Permit

cc:

Aardema Dairy

o Urgent 0 For ReYiew 0 Please Comment 0 Please Reply

o Please Recycle

• Comments:

RECEIVED HAY 031998 DAIRY BUREAU

This transmission is intended only for the use of the individual or entity to which it is addressed and contains information that is privileged and confidential. No person other than the addressee, or his or her agent is authorized to read, copy or distribute the papers, or to disseminate any information contained therein. If you receive this transmission in error, please notifY us immediately by a collect telephone call, and mail the facsimile to us at the above address.

05019901AJU.doc


JOHN O. FITZGERALD. P.A. JOHN O. FITZGERALD II, P.A.

ATTORNEYS AND COUNSELORS AT LAW 1530 WEST STATE STREET

P.O. BOX 421

MERIDIAN, IDAHO 83680

THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS

TELEPHONE (208) 888-<1461 F ACS I '" ILE (208) 888-3Sl1i9

May 1,1999

VIA FACSIMILE (208) 334-40621 ORIGINAL TO FOLLO\'" BY U.S MAIL

ISDA, Bureau of Dairying 2270 Old Penitentiary Road P.O. Box 790

Boise, Idaho 8370 1

RE: Aardema Dairy #2 - NOTICE OF INTENTION TO SUSPEND DAIRY PERMIT

To Whom It Concerns:

With regard to the above-referenced matter and the April 29, 1999 letter to Aardema Dairy #2, Aardema Dairy hereby requests an administrative hearing in the matter. However, prior to proceeding to an administrative hearing, Aardema Dairy #2 is willing to partake in a settlement meeting. Please contact me at your earliest convenience to schedule the settlement meeting and the administrative hearing.

Aardema Dairy #2 requests the production of and the opportunity to review prior to a settlement meeting or an administrative hearing any and all documents, video tapes, reports or otherwise evidence in the possession, custody or control of the ISDA, Bureau of Dairying relative to the allegations of Aardema Dairy #2's discharge of dairy waste.

Nothing herein shall be construed or considered as an admission by Aardema Dairy #2 of a discharge of dairy waste on April 21, 1999. Aardema Dairy #2 specifically denies any allegations of discharge of dairy waste.

Very Truly Yours,

John 0. Fitzgerald, II.

John o. Fitzgerald, II.

JOFIII

cc: Aardema Dairy #2, Don Aardema

050199Cll JII.doc

RECEIVED MAY 031998 DAIRY BUREAU

Z 269 546

) ......... '12. "l

{ \...\

575

Z 269

546

$ ,~J

'[ , R.etllm Receijll ShowillQ to Whom, « Dale, & Addressee's Address 0·------------

~ TOTAL Poslage & Fees

CI) Pos1marl<. or Dale

§

o u,

r.n D..

.~ Relum Aeceipl ShowiIlQ laWhorn, .:{ Dale, & Adltessee's Aildress

o·

~ TOTAL Postage & Fees

M Pos1mark or Data

E

tf

r.n D..

$

Reslric1ed Oeuvary Fee ~~--------------+-------------~ g: Ralum Reeei pi Showing 10

Whom & Dale Deli:va red

Certified Fee

Postage

Special Delivery Fee

Reslricted DeUvery Fea ~~------~------+-------------~ g: Ralum Raooipl Showing 10

Whom & Dale Delivered

Special Deli'lery Fea

.!!

• December 1994

-------- --------_ ... _-_._---------_._._--

STAT IE

Of llDAIHIO

J) r: PAR T _iY\ E ~ T o f A e_; J~ I r r 1_, T r R E

DIRK KEMPTHORNE

Governor

PATRICKA. TAKASUGI

Director

April 29, 1999

Aardema Dairy #2 Don Aardema

2182 E 3600 S Wendell, Idaho 83355

CERTIFIED RECEIPT # Z 269546574 RETURN RECEIPT REQUESTED

RE: NOTICE OF INTENTION TO SUSPEND DAIRY PERMIT

Dear Mr. Aardema:

Intended Action: This notice is to inform you that, pursuant to Idaho Code, Title 37, Chapter 4, and IDAPA 02.04.14, Rules Governing Dairy Waste, you will not be allowed to sell for human consumption the milk produced by your facility on April 21st, 1999. However, the value of the milk produced on this date, can be donated to an approved charity. The Idaho State Department of Agriculture and Avonmore will work with you on this issue.

Basis for Intended Action: A review of Idaho State Department of Agriculture records indicates that your facility discharged dairy waste on April 21st, 1999.

Opportunity to Respond: You have the right to an administrative hearing before your milk permit is suspended. A request for a hearing must be sent, in writing, to the ISDA, Bureau of Dairying within 48 hours of receipt of this letter. Failure to request a hearing, in writing, within 48 hours of receipt of this letter constitutes a waiver of your right to a hearing. You may fax. your request for a hearing to the Bureau of Dairying at 208-334-4062.

In an attempt to resolve this matter without proceeding to an administrative hearing, a settlement meeting can be scheduled at the Idaho State Department of Agriculture, 2270 Old Penitentiary Road, Boise, Idaho 83712. The following representatives from the Department may be in attendance at the settlement meeting: Administrator - Division of Animal Industries, Chief - Bureau of Dairying, Dairy Program Manager, Dairy Inspector, and Deputy Attorney General. You may wish to be represented by legal counsel, however, you are not required to have an attorney present. At this meeting, the Department will review the facts of your case, including any information you may wish to

2270 Old Penitentiary Road • P.O. Box 791 • Boise, Idaho 83701 • (20S) 332-85<X)

'TO SERVE, PROMOTE AND SAFEGUARD IDAHO'S DIVERSE AGRICULTURE COMMUNITY'

Don Aardema letter April 29, 1999

Page 2

provide. After reviewing the facts, the Department will discuss with you what course of action is appropriate. If we cannot reach an agreement in the settlement meeting, you will still be afforded the opportunity for an administrative hearing. Please respond, in writing, within the allotted 48 hour time frame and indicate whether you are requesting an administrative hearing or a settlement meeting. If no response is received within the allotted time period, formal action may be initiated.

If you have any questions, please contact this office at (208) 332-8550.

Sincerely,

Marv Patten

Chief, Bureau of Dairying

mb

cc: Michael Mitchell, PE, Dairy Program Manager Mary Feeny, Deputy Attorney General

Jeff Williams, Avonmore

Mike Wiggs, State Dairy Inspector

1: ENTRY Env Results

4/27/1999

4/2111999AARDEMA FS

DAIRY

Page 1

INSI'ECTOR SIGNATURE


PO BOX 790, BOISE ID 83701-0790 (208) 332-8550


DAmYN~OWNEWADD~CITY

DATE: .; 101/ It;)

PLANT SHIPPING TO

TIME:

# OF ANIMAL UNITS:

PERMIT#:

A dairy farm waste facility inspection was conducted at your facility on this date. Items found to be in non-compliance with IDA PA 02.04.14 are identified below. Please be aware that repeal non-compliance items found to exist on the next inspection may be cause for revocation of your permit to sell milk.

ITEMJDESCRIPTION


a. Properly constructed and maintained

b. Animals properly confined


n. WASTE CONTAINMENT FACILITIES

a. Properly designed/constructed I located

h. Adequate storage capacity

c. Facil ity properly maintained to prevent nuisance conditions

m. OPERATING PLAN

3. Adequate general description of the waste management plan available

h. Are solidslliquids handled and disposed of properly


y





3. Issue notice of:

I. Non-compliance


b. Repeat notice=

I. Non-compliance


RECEIVED

APR 23 1999

DAIRY BUREAU

2. DischargelVio!ation


PRODUCER SIGNATURE

*If non-compliance or violation is not promptly corrected, a detailed inspection checklist will be completed.

1. Complaint Number
IDAHO DEPARTHENT OF AGRICTJL'l'URE qq ,/)D?! a
BUREAU OF DAIRYING COMPLAINT REPORT --'
2. Date Complaint Received
4/21/99
3. 'l'ype of complain~ 4. Source S.Name/Address/Phone Number of Complainant
Product Individual XX unknown
Environmental "/. y.. Government
Nuisance IBfoo Other
Misoellaneous
6. Complaint: Caller called and info~d me that the pivot on the 2200E road was spraying wastewater
on the road way and over the roadway.
7.Illness Involved? 8.Health Professional Involved? 9.Hospitalization
Required?
No Yes No Yes No Yes
Name/Address/Phone Na.e/Address/Phone
10.Type of Product ll.Size/Style of 12.Product Labeling 13 . Package Coda
Package
14.Manufacturer 1S.Distributor 16.Data Purchased 17.N~/Location
where Purchased
18.Alleged Environmental 19. Name of Wa tarway 20.Nama/Address of Individual/Company alleged
Damage? Affected to be cause of complaint
Aardema Dairy #2 2182E 36009 Wendal1 Idaho
No X Yes
21.Evidance/sample Obtained 22.Disposition 23.Does Complainant
Follow up Needed expect additional
No Yes XX Closed Without Further Investigation Dept. Contact?
Referred to No Yes
24.Ramarks: Upon arrival, the pivot was spraying wa.tawater over the 2200E-roadway northeast of the
dairy. The pivot end gun was spraying in one pOsition. '!'he wind was also blowing very hard adding to
the problem. of spraying wastewatar on the roadway.
Name Date 4/21/99
Mike Wiggs STAT IE

Of

IDAHO

DEPARTMENT OF AGRICULTURE BUREAU OF DAIRYING

._,.

2270 OLD PENITENTIARY ROAD P.O. BOX 7lJ()

BOISE, IDAHO 83701

(208) 332·8550

DATE:

PERMIT #:

DAIRY WASTE DISCHARGE VIOLATION NOTICE

Dear Producer:

A dairy farm waste inspection was conducted at your facility on this date. This inspection revealed that the following discharge violation has occurred:

Idaho Rules Governing Dairy Waste, IDAPA 02.04.14 state that should a discharge violation occur, the producer's permit to sell milk may be revoked until a reinspect ion indicates compliance.

If you have any questions, please do not hesitate to give me a call.

Sincerely,

)

. /' <;

State Dairy InsR§~~or

'/

cc . Plant :, <./{. '" ,!'

Marv Patten, Chief, Bureau

,--

Dairying

RECEIVED APR 2 3 1999 DAIRY BUREAU

EQUAL OPPORTUNITY EMPLOYER

MAGIC VALLEY LABS 210 Addison Ave I PO Box 1867 Twin Falls 10 83303·1867

Phone: (208) 733 ... 250

Fax: (208) 734·2539

DEPT. OF AGI BUREAU OF DAIRYING

BOX 790 BOISE 10 83701

----------------------------------------------------------_.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .

Collection Date 4/21/1999 Received Date 4/21/1999 Location

Collection Time 10:30 AM Received Time 3:49 PM AARDEMA DAIRY#2IWASTE

WATER FROM PIVOT

Sample #

Test

Results in mg/L

Date Analyzed

Method

Analyst

87441

AMMONIA

199

4/21/1999

FS

RECE1VED APR 2 7 '999 DAIRY BUREAU

FECAL COLIFORM=600,000 CFU/100ML

-~--~----------------4-~-~~1-~--.

Signature Report Date: Friday, April 23, 1999

co: I FORM DENSITY TESTS

Magic Valley Labs

CJ Co mp osit e: Begin __ , e"d _

[l Sud ac e '\'. t~ rOC ro>< Co mpos i re 0 0 ep lh I nl"'9r• ted

Brenda Ellis Lab Director

TV PE 0 F SAMPL E (Chec k Ao p r o p r rat e Bo~",1

o W~,,",<,ate, 0 Raw 0 Fi"31 0 Chlorinated

210 Addison Ave. Twin Falls, ID 83301 208-733--4250 800--872--4250

[J Gr.b

PR ESERV ED SAMPL ES SUBMITTED

o Cooled, 4' C

o Sodium Thio,uliale

+ 1 - TOTAL COLIFORM IMFI STORET Code 1315011

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PO BOX 790, BOISE ID 83701-0790 (208) 332-8550


DAIRY NAME/OWNERI ADDRESS/CITY

PLANT SHlPPING TO

DATE:

TIME:

# OF ANIMAL UNITS:

PERMIT#:

A dairy farm waste facility inspection was conducted at your facility on this date. Items found to be in non-compliance with IDAPA 02.04.14 are identified below. Please be aware that repeat non-compliance items found to exist on the next inspection may be cause for revocation of your permit to sell milk.

ITEM/DESCRIPTION


a, Properly constructed and maintained

REMARKS

ICc

b. Animals properly confined


D, WASTE CONTAINMENT FACILITIES

a. Properly designed/constructed/Jocated


c. Facility properly maintained to prevent nuisance conditions

ill. OPERATING PLAN

a. Adequate general description of the waste management plan available

b. Are solids/liquids handled and disposed of properly






a. Issue notice of:

1. Non-compliance


b. Repeat norice=

1. Non-compliance


RECEIVED DEC 2 2 1998

2. Discharge/Violauon


PRODUCER SIGNATURE

INSPECTOR SIGNATURE

·If non-compliance or violation is not promptly corrected. a detailed inspection checklist will be completed.

Aardema Dairy #2

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