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Saturday, February 25, 2006

Environment - "De Groot faces charges over construction"

A story in the Huntington County Herald-Press, by Judy Fitzmaurice, reports:

A Polk Township farmer who has sparred with state regulators over complaints of pollutant runoff from his dairy "megafarm" faces new legal troubles - but these have nothing to do with manure.

Superior Judge Jeffrey Heffelfinger found probable cause Friday morning to charge Johannes de Groot, 53, 8378W-200S, Andrews, with two felony counts of violating environmental management laws. De Groot owns and operates de Groot Dairy Farms, south of Andrews near Ind.-105 and CR 200S.

According to court records, de Groot allegedly built two structures - a dry cow barn and a silage pad - on the dairy farm property between June 1, 2005 and Sept. 13, 2005 without first obtaining approval from the Indiana Department of Environmental Management (IDEM). Records indicate he did, however, obtain a building permit from the Huntington Countywide Department of Community Development for the structures in January 2005. * * *

A warrant has been issued for De Groot's arrest but as of late Friday morning it had not been served. Bond is set at $7,000.

De Groot received five notices of violations from IDEM regarding runoff from the farm before an order to cease the application of manure onto farm land was issued in Huntington Superior Court in October 2003. He pleaded guilty to a misdemeanor charge of intimidation in November 2003 for threatening a state environmental inspector conducting an inspection at the farm.

The Fort Wayne Journal Gazette has a story by Angels Mapes that reports:
IDEM public information officer Amy Hartsock said De Groot has not been keeping livestock in the barn, to IDEM’s knowledge, and there are no immediate environmental threats related to the charges.

De Groot applied for permits after the structures were built, Hartsock said. IDEM is currently reviewing those applications.

De Groot’s attorney, Peter Racher of Indianapolis, said Friday that De Groot has been careful to comply with environmental laws. He said he was “astonished” that the state had filed criminal charges against De Groot.

“There is no allegation, nor could there be, that there is any environmental impact from these violations,” Racher said. “This is a paperwork violation.”

Huntington County Deputy Prosecutor Jamie Groves said IDEM led the most recent investigation of De Groot Dairy. The agency presented its case to the prosecutor’s office Tuesday, and the prosecutor’s office felt there was sufficient evidence of criminal wrongdoing, Groves said.

De Groot’s dairy drew fire in 2003 when manure contamination was found twice in 11 days in the George W. Young drain, about a mile and a half from the Salamonie Reservoir and near the dairy. De Groot reached a settlement with IDEM in 2004, in which he agreed to pay $45,000, to be split between IDEM and the state attorney general’s office.

Posted by Marcia Oddi on February 25, 2006 09:44 AM
Posted to Environment