EPA Withdraws
Permit Order
Against Alt Farm
Case Still Unsettled - Questions Remain
Joan Harman
In a stunning move, the Environmental Protection
Agency has withdrawn a November 2011 mandate
ordering Lois and Tony Alt, poultry operators in Hardy
County, to obtain a National Pollutant Discharge
Elimination System (NPDES) permit.
The Alts, who had previously been recognized by
Pilgrim’s Pride for their environmental stewardship,
were surprised and puzzled at the order from EPA.
Particularly disturbing was the fact that the Alts had been
complemented on the condition of their farm by EPA
inspectors at the conclusion of their visit.
Not one to sit idly by, Lois immediately called EPA
to ask what she could do to rectify any alleged pollution.
“They just told me to fill out the paperwork and get
the permit, and they’d probably never visit my farm
again,” said Lois. EPA would not suggest, however, any
remedies to fix the purported findings. The answer didn’t
sit well with the Alts, who have always had a firm belief
that they should leave the land better than they found it.
Convinced they had done nothing wrong, the Alts
decided to push back and filed suit in June of 2012.
Shortly thereafter, West Virginia Farm Bureau and the
American Farm Bureau Federation petitioned the U.S.
District Court for the Northern District of West Virginia
to be granted intervenor status, since EPA’s attempt, in
this case to regulate agricultural stormwater, was a clear
violation of the Clean Water Act, and any decision by
the court would affect farmers everywhere. The motion
to intervene was granted in October 2012. A short time
later, EPA withdrew their order.
“EPA says its withdrawal is based on a May 2012
re-inspection of the farm, but I can’t help but notice that
EPA only withdrew the order after Farm Bureau was
granted intervention in October,” said Ellen Steen, AFBF
General Counsel. “It’s like upsetting the chess board
when you know you are in danger of losing. All signs are
that EPA does not want to defend its position in court.”
While the withdrawal represents good news for the
Alts, who were threatened with fines of $37,500 a day if
they failed to comply, the larger question still remains.
“EPA is clearly overstepping their authority under
the Clean Water Act,” said WVFB Administrator Steve
Butler. “Although they have withdrawn their order
against the Alts, the larger issue has not been resolved.
The fact remains that other farmers are still under threat
of the same kind of treatment by EPA. The matter needs
to be settled once and for all.”
Stay tuned.
West Virginia Farm Bureau News 11