Why does MN recognize this, but not the SDDENR?
Subject: Jan 2010 MPCA report showing Veblen not in compliance as reported to Minnesota
> Permit MN0068594 Veblen East Dairy & Veblen West Dairy - Marshall County,
> South Dakota
>
> Veblen East Dairy is an 8,176 head dairy facility that consists of six total
> confinement barns and eight manure storage basins. Veblen West Dairy,
> previously known as MCC Dairy, is a 5,500 head dairy facility that consists
> of five total confinement barns and five manure storage basins. Rick Milner
> is the managing partner for the entity that owns both facilities. On October
> 23, 2009, the South Dakota Department of Environment and Natural Resources
> (South Dakota DENR) issued a Notice of Violation, Order, and Settlement
> Agreement.
>
> On July 10, 2008, the South Dakota DENR inspected both Veblen East and
> Veblen West Dairies. During the inspection, it was noted that the basins at
> Veblen West were at their maximum operating level and the basins at Veblen
> East were below the maximum operating level. On July 18, 2008, the South
> Dakota DENR approved the transfer of 10 million gallons of manure from
> Veblen West to Veblen East. This manure was to be land applied in the fall
> of 2008 prior to soil freeze, and the South Dakota DENR was to be notified
> when this was complete. A notification was not received.
>
> In April 2009, the South Dakota DENR received notification from the
> facilities that the basins at both Veblen East and Veblen West Dairies were
> above the maximum operating level and into the freeboard of the basins. This
> was confirmed during a May 6, 2009, site inspection by the South Dakota
> DENR. On May 20, 2009, Rick Milner contacted the South Dakota DENR to inform
> them that high winds were causing manure spray to blow over the berms of the
> north basins and that a line of straw bales was erected to keep the spray
> from leaving the basins. Various correspondence and inspections in the
> months of June, July, and August indicated that the basins at both Veblen
> East and Veblen West were above the maximum operating levels and into the
> freeboard.
>
> The order required both Dairies to, as soon as possible, remove a sufficient
> amount of manure to return them to compliance with the freeboard
> requirements. The order went on to require the removal of manure from all
> basins to have no more than one foot of residual material remaining by
> November 1, 2009.
>
> In discussions with the South Dakota DENR staff, it was revealed that the
> manure removal to a depth of no more than one foot was not accomplished by
> November 1, 2009; however, levels in the basins had been lowered. Further
> action may be forthcoming from the South Dakota DENR.
>
> The MPCA has also received complaints about and photos of these facilities,
> specifically regarding the lack of freeboard, potential for overflow, and
> pollution resulting from improper land application of manure. The MPCA has
> received these complaints as the facilities sit at the head of the watershed
> of Big Stone Lake, located at the border of Minnesota (Big Stone County) and
> South Dakota.
>
> The MPCA’s Commissioner has considered the above compliance issues at all
> seven dairies in the preliminary determination to deny reissuance of
> NPDES/SDS Permit MN0068594 to Excel Dairy.
>
>