DERBY LINE — The Vermont Attorney General’s office announced a win this week in a water quality case against two farms owned by the Nelson family. The preliminary injunction order was handed down by Orleans County Superior Court Judge Howard VanBenthuysen, against Nelson Farms on November 6. The injunction states that farm operators are not allowed to discharge manure and other agricultural waste into the Clyde River, or the Crystal Brook.
The state alleges Nelson Farms allowed manure and other dairy operation drainage to overflow and discharge directly into the Clyde River from its farm in Derby Center, as well as directly into the Crystal Brook from its Derby Line location.
According to the press release from the attorney general’s office, the Nelson’s Clyde River farm has 450 dairy cows, and 200 heifers, and the Crystal Brook location has 575 dairy cows.
Nelson Farms has until Dec. 15 to present plans to the state as to how both locations will permanently eliminate any potential waste runoff entering the brook or the river. They also must allow inspectors on site to inspect the farms anytime between 6 a.m. – 9 a.m.
“Vermont farmers are stewards of the land and provide many environmental and economic benefits to our state. However, it is not acceptable for farmers to allow barnyard waste to pollute our waterways,” Attorney General William Sorrell said in the press release.
“Although an acre of farm land produces less phosphorus than an acre of urbanized land, excess phosphorous in our waterways from any source deprives freshwater fish and plants of essential oxygen.”
“The State’s agricultural water quality laws and programs are designed to assist farmers to help keep our waterways clean,” Sorrell said. ”When voluntary compliance efforts fail, however, the Agency of Agriculture, the Department of Environmental Conservation and my Office will work cooperatively to take enforcement action.”
Click to download the injunction (PDF)
Click to read the Attorney General’s press release.
