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Judge: Dairy violates Clean Air Act
| Wednesday, Sep 26 2007 9:25 PM
Last Updated: Wednesday, Sep 26 2007 9:31 PM
A federal judge ruled Tuesday that a Kern County dairy violated the federal Clean Air Act.
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The C&R Vanderham Dairy near Shafter was built in July 2005 to house about 1,300 cows. The dairy, along with the regional air district, has said it's too small to be regulated.
The Association for Irritated Residents, a Kern County environmental group, sued the dairy's owners, saying they did not follow proper procedures for obtaining air permits and installing pollution controls.
Cows and manure from dairies give off emissions that react in sunlight to form smog. Numerous studies have shown that exposure to smog exacerbates asthma and damages lungs, contributing to school and work absenteeism.
The judge ruled against the dairy.
The San Joaquin Valley Air Pollution Control District said the dairy is caught in the middle of a housekeeping issue.
For years, dairies and other agriculture operations in California were exempt from pollution regulations. That protection was repealed under SB 700, a state law by Sen. Dean Florez, D-Shafter, that passed several years ago. The law required the agriculture industry to be regulated but allowed small farms to remain exempt.
The Vanderham dairy falls under the small farm classification, air district officials said, and therefore should not be subject to stringent pollution regulations.
However, before SB 700 was enacted, the air district submitted an air pollution control plan to the federal government that called for subjecting agriculture to the same regulations other industries had to follow. The plan contained virtually no exemptions for small farms.
The U.S. Environmental Protection Agency approved the air district's plan.
When SB 700 passed, the district submitted an amendment to the federal government to allow small farms to be exempt. But the EPA has not ruled yet.
The federal judge ruled Tuesday that the dairy must comply with regulations as they currently exist in the district's federally approved plan.
"It's kind of a rotten deal for (the dairy)," said Phil Jay, an attorney for the air district. "(The environmental groups) think they found a loophole to hammer this guy."
Rick Vanderham, one of the dairy's owners, said he held a valid operating permit from the air district.
Tom Frantz, a Shafter resident and member of Association of Irritated Residents, said in a news release Wednesday: "This is a significant step toward better health in the San Joaquin Valley because our lungs will no longer be forced to subsidize the dairy industry."
Civil penalties against the dairy will be considered in further court proceedings. The judge also will determine at that time if the dairy must shut down until it obtains the necessary air permits.