PennFuture Files Notice of Intent to Sue Five Factory Farms in Lancaster County; Farms Fail to Protect Water from Manure Pollution.

HARRISBURG, Pa. -- Citizens for Pennsylvania's Future (PennFuture) announced today that it had sent letters of intent to sue five factory farms in Lancaster County for their failure to comply with the federal Clean Water Act and/or Pennsylvania's Clean Streams Law in the operations of their facilities. PennFuture is representing itself, Michael R. Helfrich who serves as the Lower Susquehanna Riverkeeper[R], and Stewards of the Lower Susquehanna Inc., a membership organization dedicated to improving the ecological health of the Lower Susquehanna River Watershed and the Chesapeake Bay. The farms named in the letters include the Daniel Forry Farm in West Hempfield Township, the Gary Lefever Farm in East Donegal Township, the Holtwood Pork Farm in Holtwood, the Scott Brinton Farm in Fulton Township and the Steve Strickland Farm in Conoy Township.

"These farms have refused to comply with the laws protecting water from farm pollution, despite the fact that they have known of the laws' requirements for quite some time," said Kimberly L. Snell-Zarcone, staff attorney for PennFuture. "Because these animal factories refuse to provide the legally required plans for avoiding manure pollution, they are putting all of their neighbors at risk. We intend to make sure that these scofflaws abide by the laws."

"Non-permitted sources of pollution put our waterways at risk," said Michael Helfrich, the Lower Susquehanna Riverkeeper[R]. "Runoff from corporate factory farms is a big problem in the Lower Susquehanna and Chesapeake Bay. These businesses spread a lot of waste around Lancaster County, much of it right along the waterways we recreate in and get drinking water from. They must follow certain rules to be allowed to do this, including taking steps to protect our waterways and filing for the proper permit. By filing these suits we are simply asking these five factory farms, and all others, to follow the law."

Provisions in both state and federal law require that factory farms, called Concentrated Animal Feeding Operations, must either file for an NPDES (National Pollutant Discharge Elimination System) permit, which is required from all point sources discharging pollutants into waters of the United States, or prove that the operation has "no potential to discharge" manure, litter and process wastewater under any circumstances or climatic condition. The farms in question were informed by the Pennsylvania Department of Environmental Protection (DEP) that they were to meet this requirement by early 2006.

The farms in question now have 60 days to correct their violations, or PennFuture will proceed with the lawsuits in federal court on behalf of PennFuture, Helfrick and Stewards of the Lower Susquehanna Inc. If found in violation of the law, the farms would be ordered to obtain the permits and could face penalties and be ordered to pay all legal costs.

PennFuture is a statewide public interest membership organization that advances policies to protect and improve the state's environment and economy. With offices in Harrisburg, Philadelphia, Pittsburgh and West Chester, PennFuture's activities include litigating cases before regulatory bodies and in local, state and federal courts, advocating and advancing legislative action on a state and federal level, public education and assisting citizens in public advocacy.