Water Bureau

Antidegradation Review of

Bustorf Dairy NPDES Permit Application

Michigan Department of Environmental Quality2009

Applicant Information

• NPDES Application received September 2008. This application followed a previous application that was denied, based on the applicant not meeting the requirements of Rule 323.1098, Antidegradation.

• New Concentrated Animal Feeding Operation

• Dairy farm – 2,260 head dairy cattle

• Manure storage facilities designed to contain 100 year 24 hour storm

• Site Location: – Leonidas Township, St. Joseph County– St. Joseph River Watershed– Lake Michigan Basin

NE Corner - Leonidas TownshipSt. Joseph County

Bustorf Dairy – CAFO

St. Joseph River Watershed

Facility Location

Applicable State Requirements

Michigan Water Quality StandardsRule 323.1098

Subrule (4) requires… the applicant demonstrate that the

discharge is exempt or provide a demonstration identifying the social or economic development and benefits that will be foregone to the area in which the waters are located if the lowering in water quality is not allowed.

Antidegradation Demonstration

Summary of assertions made in the applicant’sAntidegradation Demonstration to show important socialand/or economic benefits

1. Creation of 26 on-farm jobs, resulting in$770,880 total wages per year, plus bonuses and benefits.

2. Creation or support of 85-115 indirect jobs, veterinarians, trucking, cattle haulers, custom crop harvesters, animal service technicians, sales and supply, farm consultants, and fuel suppliers.

3. Local silage purchase of approximately $2,250,000 per year.

4. Miscellaneous other items such as annual milk sales of $11,000,000, fertilizer cost savings due to manure utilization, and property taxes of $150,000 per year.

Public Participation

Key Dates

September 19, 2008 Public Notice of application, antidegradation demonstration, draft permit, and

public hearing

October 20, 2008 Public Hearing held

Public Comments

• Numerous written and verbal comments received during the public comment period, both in support and opposition to the permit

• Strong support for the proposed dairy was voiced by the local and state agricultural community

• Less rigorous comments were provided by the local unit of government (Leonidas Township), primarily questions on application clarifications

Response to Public Comments

The NPDES permit was revised to add additional requirements that will provide for greater environmental protection.

These revisions include:

– Increased waste storage design, DEQ approval, and verification of the design. Failure to verify proper design will result in herd size reduction.

– Increased operational requirement for the storage structure. Failure to maintain a proper margin of safety in the storage structure will result in herd size reduction.

– Increased oversight of land application fields including a requirement to prohibit the use of fields where illegal discharges occur.

Conclusion

The DEQ determined the applicant successfully showed there will be important social and economic development in the area as the result of the new dairy.

The NPDES permit was issued March 10, 2009.

Closing Comment

What is different this time that resulted in issuance of an NPDES permit for Bustorf Dairy?

This decision on the application follows a denial of a previous application. That denial based on rebuttals provided by Leonidas Township, local residents, and other organizations to the statements contained in the Antidegradation demonstration, which failed to show how the potential lowering in water quality was necessary to support important social and economic development in the area. The new application included a much-improved Antidegradation demonstration with extensive supporting documentation which withstood rebuttals and successfully showed there would be important social and economic development in the area as a result of the new dairy. The Antidegradtion Demonstration submitted with the first application was typical of many demonstrations. It was brief and included very limited supporting documentation. The second application was lengthy, detailed, and included supporting documentation. The second application also included increased waste storage capacity.