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Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley What’s in the Water?

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Page 1: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Industrial Dairies,

Groundwater Pollution

and Regulatory Failure

in California’s

Central Valley

What’s in the

Water?

Page 2: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

About Food & Water Watch

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Food & Water Watch

for their contributions to this report.

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Page 3: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and

Regulatory Failure in California’s Central Valley

Page 4: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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Executive Summary

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The General Order is not living up to the promise of protecting groundwater quality and preventing pollution. -

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The Central Valley Regional Board’s failure to implement regulations until late 2007 allowed serious groundwater contamination from industrial dairies in the Central Valley.

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The CVRWQCB is not analyzing the data supplied by dairies from their on-site wells in a timely manner

Page 5: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re-quiring them to take further steps to test and monitor their groundwater to determine the scope of the problem,

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Enforcement of penalties against dairies that do not turn in required paperwork is nonexistent.-

Enforcement of the General Order is also a major problem.

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There is a serious lag time between when CVRWQCB staff inspections of the dairies identify violations — including discharges to surface water or groundwater — and when dairies receive notices of violation. -

Federal policy plays a role.

Page 6: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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Page 7: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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Introduction

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Page 8: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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Groundwater: A Critical (and Poorly Understood) Resource for California

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Page 9: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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subjects them to special water quality regulations. In California, a 700-cow dairy farm does not seem so large. On this map, the darker dots represent dairy operations with herds of between 3,500 and 7,000 cows. Lighter dots represent herds with more than 7,000 cows.

http://www.epa.gov/region9/ag/dairy/images/CED0601309_1.gif

Page 10: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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Central Valley Dairy Overview

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Change in the Number of Large Dairies in Select Central Valley Counties, 1992-2007

Number of Small, Medium and Large Dairies in Central Valley Dairy Counties, 1992-2007

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1,000

1992 1997 2002 2007

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1992 1997 2002 2007

Page 11: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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Page 12: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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Industrial Dairies and Water Quality: Serious Impacts

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Page 13: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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Nitrogen

waste, --

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66 cancer,

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-searchers found

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Salts

Page 14: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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and research-

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Page 15: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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Hormones

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to date,

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Page 16: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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wastewater, -

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but research

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Page 17: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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Regulation of Central Valley Dairies

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Page 18: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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Central Valley Groundwater Contamination Before and After the General Order

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Food & Water Watch

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Page 20: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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The General Order: One Step Forward with Miles to Go

1. The board has failed to take enforcement action in cases where dairies are violating the General Order.

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Page 21: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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and the

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2. Discharge from dairies is largely left up to the dair-ies to report. In circumstances where CVRWQCB staff discovers that a dairy is discharging waste, they have not taken steps to require proper permitting or to shut down the offending operation, violating both state and federal laws.

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What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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water supplies in the Central Valley.

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1. The CVRWQCB is not analyzing the groundwater monitoring data supplied by dairies in a timely man-ner, nor is it reporting this data in a way that is useful to any of the stakeholders involved, making it impos-sible to tell if the General Order is having an effect.

Page 23: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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2. The CVRWQCB is not implementing the additional groundwater monitoring program in a timely manner or in a way that can truly provide feedback on how well the General Order is working.

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Page 24: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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1. The General Order, even if fully enforced, is not -

to be degraded.

Page 25: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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2. The CVRWQCB is not requiring monitoring for all of the contaminants of concern, or even for contami-nants for which there are water quality standards in

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Page 26: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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3. The CVRWQCB is considering changing the moni-

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Page 27: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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Recommendations

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1. The governor and the California State Legislature must prioritize groundwater protection by directing the State Water Resources Control Board to implement a comprehen-sive statewide monitoring program for groundwater quality and quantity.

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2. Groundwater protection should be prioritized by devot-ing more funds to the regional water boards for adequate

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What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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3. The governor and state legislators must appoint board

-ters, especially domestic and municipal supply.

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Page 29: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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-WQCB can and should take action to improve outcomes under the General Order.

Fine bad actors that remain in violation of water qual-ity laws if they do not remedy the problem after a notice of violation is issued.

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Implement a groundwater monitoring program that can assess water quality by including all contaminants

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Implement a groundwater monitoring program that can track the impacts of the General Order and iden-tify the sources of pollution.

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Page 30: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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If not all dairies can be adequately monitored under

greatest risk to public health for monitoring.

Require that data be gathered and reported in a stan-dardized way and submitted electronically. -

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In cases where dairies are complying with the General Order but data show that contamination continues to occur, require dairies to implement more stringent best practices, including lagoon liners.

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Require clean up and abatement actions where dairies have contributed to pollution of state waters.

Page 31: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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U.S. Department of Justice must address the factors that drive dairies to industrialize, and they must better support more decentralized dairy supply chains.

The federal government must address anti-competitive behavior in the dairy market -

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Congress should provide dairy farmers with a fair wage rather than leaving pricing to the whim of large buyers.

Hold bad actors accountable.

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upport dairies in meeting environmental regulations. -

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Support healthy local dairy production systems. The

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Conclusion-

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Page 32: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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Endnotes

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Page 33: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

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Page 34: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

What’s in the Water? Industrial Dairies, Groundwater Pollution and Regulatory Failure in California’s Central Valley

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Food & Water Watch

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Page 36: What’s Water? · Food & Water Watch v When dairies submit data showing groundwater contamination in their on-site wells, the CVRWQCB is not re- quiring them to take further steps

Food & Water Watch

www.foodandwaterwatch.org