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Friday, August 12, 2011

Environment - Couple who bought the farm after the fact held not responsible for the $197,000 clean up at the Muncie Sow unit in Delaware County

The ILB had several entries in May of 2009 and a followup in early 2010 on the question of "Who cleans up if a hog farm goes bankrupt?" Here is a quote from the May 15, 2009 story by Seth Slaubaugh in the Muncie Star-Press:

Since 1999, Muncie Sow Unit's owner has been fined more than $22,000 for spilling manure, failing to report manure spills, killing fish and other violations. The corporation is scheduled to be sentenced June 3 for environmental crimes.

Last year, [the abandoned] Muncie Sow Unit was bought by John and Becky Moriarity from Grant County. IDEM gave the couple five years to clean out the 12-million-gallon manure lagoon and pits beneath the barns.

Primarily as a result heavy rainfall, IDEM on April 30 obtained a court order to remove manure from the farm to prevent a spill. The manure was being hauled in tanker trucks to an Indianapolis wastewater treatment facility at a cost of 9 cents a gallon.

Then this past weekend, millions of gallons of manure from the lagoon were drained -- apparently on purpose and in violation of the law -- into a ditch that empties to Mississinewa River.

"We were informed that somebody -- I shouldn't say somebody -- that a breach occurred," said Don Dunnuck, an attorney representing the Moriaritys. "There is an investigation as to how the breach occurred, whether or not it was man-made or muskrats or whoever."

"When the Moriaritys bought the farm, it was represented to them by the auctioneer that liquid in the lagoon was an asset, a fertilizer to be applied on farm land, and they thought they had five years to market this product," Dunnuck said. "Then this spring IDEM came in and filed an injunction against them, alleging there was an immediate threat of a spill."

A court granted IDEM authority to remove the manure, reserving the issue of who would pay for it until a later date, Dunnuck said.

"The Moriaritys' position is, they didn't create the problem, and they've got five years to solve it, and if IDEM wants to violate the five-year period, it's up to them to pay for it," Dunnuck said. "That issue has yet to be resolved by a court."

Now that the level of the lagoon has been lowered, "I don't see an emergency any more," Dunnuck said.

So what has happened since? The ILB has seen no press releases from IDEM, no news stories and no IDEM enforcement reports since the last entry in early 2010. But yesterday I received this note from the couple who bought the farm, John and Becky Moriarity. I am quoting it in full, with permission:
Hello, we have enjoyed your site; especially since we were mentioned in it a couple of times the past couple of years. We did not see the posting of our victory over IDEM on your site or for that matter IDEM did not have their spokesperson give this follow up story.

My husband and I were not held responsible for the $197,000.00 clean up at the Muncie Sow unit in Delaware County. Not only were we not liable for the clean up, the Judge awarded us damages!

I am enclosing the satisfaction of Judgment document. I am keeping the settlement amount confidential.

Keep up the great site.

John and Becky Moriarity

Attached is the Aug. 5, 2011 "Satisfaction of Judgment" document from the Delaware Circuit Court.

Posted by Marcia Oddi on August 12, 2011 12:15 PM
Posted to Environment