Minnesota Pollution Control Agency

Contact: Ralph Pribble, 651-757-2657 St. Paul, Minn. -- The Minnesota Pollution Control Agency (MPCA) today issued an Administrative Order requiring Excel Dairy to take immediate action to empty basins two and three at its site near Thief River Falls. The purpose of the action is to resolve hydrogen sulfide and odor issues caused by the manure in the storage basins. The Administrative Order is a step in the enforcement process to address Excel Dairy's ongoing noncompliance with its April 2009 permit. If Excel Dairy fails to comply with the Administrative Order, the matter will be referred to Marshall County District Court. Today's administrative order follows other action previously taken by the MPCA against the dairy. The agency filed a lawsuit against Excel Dairy in June 2008 to bring it into compliance with its previous permit after it violated hydrogen sulfide air emissions standards hundreds of times. That lawsuit is still pending in Marshall County District Court. In September 2008, the federal agency for Toxic Substances and Disease Registry (ATSDR) and the Minnesota Department of Health declared Excel Dairy a public health hazard and urged actions to reduce hydrogen sulfide emissions. In April 2009, the MPCA revoked Excel Dairy's previous permit and issued a new permit with more stringent requirements to compel Excel Dairy to resolve its hydrogen sulfide and other environmental violations. Among other things, the new permit required Excel Dairy to empty all three of itsbasins by June 12, 2009. It did not meet that deadline. Excel Dairy's failure to empty the basins has resulted in the continuation of its violations of Minnesota's air quality standards. It has also resulted in a situation where the basins are full and there is concern they could overflow. "The MPCA expects Excel Dairy to comply with its new permit. Its failure to comply with the specific terms and requirements of its permit has forced this action," said MPCA Commissioner Paul Eger. "The issues at Excel Dairy are in no way indicative of the agriculture industry or other feedlots in the state. This is a unique situation that the MPCA is committed to resolve."