U.S. Attorney Announces Consent Decree With Orange County Horse Racing Training Center For Violating Clean Water Act

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, the Regional Administrator for Region 2 of the U.S. Environmental Protection Agency (“EPA”), announced that the United States entered into a Consent Decree settling a civil lawsuit against MARK FORD, MARK FORD STABLES, INC., MARK FORD STAGE ROAD PROPERTY, INC., and FORD EQUINE, LTD. (collectively, the “defendants”), for violations of the federal Clean Water Act (“CWA”) in connection with the defendants’ construction and operation of a horse racing training facility on two adjacent properties in the Town of Wallkill in Orange County.

U.S. Attorney Damian Williams said: “This consent decree puts the defendants down a path to reversing the harm they caused to the environment by filling wetlands on their properties and failing to prevent pollutants from entering public waters.  It should serve as a reminder that those who pollute will be held accountable for their actions.” 

EPA Regional Administrator Lisa F. Garcia said: “The Defendants in this case irresponsibly polluted and filled in wetlands without authorization or permits, improperly managed waste from their horses, and failed to comply with requirements in the stormwater construction general construction permit that they did hold.  The Clean Water Act requires the protection of wetlands precisely because they support healthy ecosystems, provide flood and erosion control, and provide other valuable benefits.  EPA will vigorously pursue its enforcement goals to restore illegally filled waters and wetlands and deter future violations.”

The Consent Decree, which is subject to public comment and approval by the Court, will resolve a lawsuit filed in White Plains federal court in 2019.  The complaint alleged that from 2007 to 2016, the defendants destroyed existing federal wetlands and rerouted streams in the course of building a horse racing training center at 90 Slaughter Road (“Slaughter Road site”) and 482/484 Stony Ford Road (“Ford Equine Site”) in violation of the CWA.  The lawsuit also alleged that the defendants have operated a concentrated animal feeding operation without a permit, allowing horse wash water and process wastewater to be discharged into waters of the United States.  The lawsuit further alleges that defendants violated the terms of a stormwater construction general permit during construction work at the Slaughter Road Site from February 2016 to February 2017. 

In the Consent Decree, the defendants admit, acknowledge, and accept responsibility for the following:

• From 2007 to 2016, the defendants used or caused the use of mechanized land-clearing and filling equipment to discharge fill material into 18.1 acres of federal jurisdictional wetlands and a tributary that are waters of the United States at the Slaughter Road Site.  The defendants never sought or obtained authorization from the U.S. Army Corps of Engineers for the filling of these wetlands.

• From 2007 to 2013, the defendants caused the straightening or alteration of roughly 310 linear feet of a creek on the northern half of the Slaughter Road Site and roughly 1,460 linear feet of the same creek on the southern half of the site.  The defendants also discharged approximately 150 linear feet of loose stone below the ordinary high-water mark of the creek.  The defendants never obtained authorization from the U.S. Army Corps of Engineers for the rerouting and filling of portions of the creek.

• From 2015 to 2016, the defendants used or caused the use of mechanized land-clearing and earth-moving equipment to discharge fill material into approximately 1.86 acres of federal jurisdictional wetlands at the Ford Equine Site and rerouted roughly 900 linear feet of a stream that flowed southward through the eastern portion of the Ford Equine Site.  The defendants never sought or obtained authorization from the U.S. Army Corps of Engineers for the rerouting of the stream and the filling of these wetlands.

• From at least December 12, 2016, to the present, the Slaughter Road Site and the Ford Equine Site constitute a medium concentrated animal feeding operation (“CAFO”), within the meaning of the CWA and its implementing regulations, that has discharged pollutants to navigable waters without a permit.

• Between January 19, 2016, and January 26, 2018, defendants FORD and MARK FORD STAGE ROAD PROPERTY, INC., were required to comply with an applicable general permit governing the discharge of stormwater during construction activity.  However, in November 2016, EPA conducted an inspection at the Slaughter Road Site and found non-stabilized stockpiles of soil and mulch in the southwest portion of the Slaughter Road Site that lacked the erosion and sediment controls required by the general permit.  Several areas of the Slaughter Road Site lacked erosion or sediment controls that caused turbid stormwater to flow into a catch basin and ditch/stream tributaries in the southwest portion of the site which, in turn, flowed into the creek in violation of the general permit.  In addition, monthly inspections required by the general permit had not been conducted from February 2016 to February 2017.

In addition to the payment of a $200,000 civil penalty, the Consent Decree requires the defendants to create or restore approximately 18 acres of wetlands on their property, to restore two streams to their pre-fill configurations, to take additional measures to ensure the long-term success of the defendants’ restoration work, and to come into compliance with federal CAFO regulations.

Notice of the proposed Consent Decree will be published in the Federal Register and the public will have the opportunity to submit comments on the Consent Decree for a period of at least 30 days before it is submitted for the Court’s approval.

Mr. Williams thanked the attorneys and enforcement staff at EPA Region 2 for their critical work on this matter.