Big Island Dairy Sued Over Water Pollution Concerns
The complaint claims the company is violating the Clean Water Act by聽fouling ocean-bound gulches with animal waste.
was sued Wednesday by the and Kupale Ookala, a group of local residents, who claim the company is polluting nearby waters with animal waste.
The lawsuit accuses the dairy of violating the federal聽 by dumping animal urine and feces in waters聽around Ookala, a community on the northeast coast of the Big Island. It claims residents have photographed 鈥渂rown, clouded water鈥 and 鈥渢ests have also shown very high levels of E. coli and enterococcus,鈥 another type of bacteria.
The plaintiffs claim Big Island Dairy has polluted the waters for five years, specifically the Alaialoa, Kaohaoha and Kaula gulches, which flow to the Pacific Ocean.
Big Island Dairy had no comment聽Wednesday.
The dairy is building a milk processing plant 鈥渙utside the approved scope of its construction activities and in violation of its Stormwater Construction Permit,鈥 the suit claims.
The suit also claims the dairy has violated the permit by failing to test nearby waters for bacteria weekly.聽It claims residents have seen workers spray wastewater on windy days, or around the time of rain, when runoff is more likely.
The plaintiffs allege manure overflows from open-air containment lagoons through a 鈥渟pillway鈥 to the Kaohaoha Gulch. There are other instances of manure seeping and leaking to the gulches, according to the suit.
The Alaialoa Gulch flows near a school bus stop where children often gather, the suit claims.
鈥淜upale Ookala knows of individuals who used to gather plants and herbs in and near the Ookala gulches for use in oral and topical medications 鈥 (and) used to swim, fish, and gather opihi and limu鈥 in the nearby waters, but have stopped due to concerns of contamination, according to the suit.
Oregon-based notified Big Island Dairy of its 聽April 28. Lawyers from the Center for Food Safety and Seattle-based are also listed on the lawsuit.
The plaintiffs call for the dairy to be ordered to 聽鈥減ay civil penalties of up to $51,570 per day, per violation鈥 for all Clean Water Act violations, and 鈥渞emediate 鈥 and to eliminate any potential for future harm.”
Big Island Dairy produces more than 8,000 gallons of milk daily, according to its website, and opened its doors in 2012. Its mailing address is in Idaho, according to the suit.
As of April, the dairy housed at least 2,599 animals, the suit says. Another dairy had previously been on the same 2,500-acre site, according to the suit.
Read the full complaint here:
