Nitrate map

This map shows the approximate boundary of the Environmental Protection Agency's area of concern for groundwater nitrate contamination.

As a federal judge ordered three Granger-area dairies to test residential wells for nitrates earlier this month, Yakima County commissioners reminded residents there's already a testing and treatment program underway.

County commissioners said free well testing, bottled water, treatment systems and educational resources are available for affected residents.

The injunction issued by U.S. District Judge Thomas Rice on Dec. 17 ordered three dairies聽鈥斅燙ow Palace, DeRuyter and Bosma聽鈥 to test residential wells over the next several months. He denied a request for a stay on the order Friday.

The U.S. Department of Justice and the federal Environmental Protection Agency after years of discussion about groundwater contamination in the Lower 黑料福利社.

County commissioners said they have partnered with the Yakima Health District and the state on the issue. As announced earlier this year, the contracts with Valley Environmental Services to sample water for nitrate levels. Some households may qualify for free water filtration systems and bottled drinking water.

The Lower 黑料福利社 Groundwater Management Area, which formed in 2011 to reduce nitrate pollution, covers rural areas around Sunnyside, Zillah, Outlook and Granger.

High levels of nitrates pose health risks, especially to pregnant women and infants, according to health officials.

Commissioners

Commissioner LaDon Linde represents much of the Lower 黑料福利社 on the Board of County Commissioners. He previously operated a dairy and worked for Astria Health.

In a declaration submitted as part of the court case, Linde said he agrees that every home in the area should have its drinking water wells tested and receive bottled water or reverse osmosis treatment if needed. But he said the local program is already reaching the areas covered by the lawsuit, and another effort would create duplication and confusion.

In the news release, Linde said the local initiative has reached out to people by mail, phone calls, advertising, door-to-door visits and an open house.

Commissioner Amanda McKinney noted the free well testing that is currently in place.

鈥淚n my opinion the EPA, using the DOJ, has very unnecessarily caused alarm within our community and threatens the confidence that our residents have in the strong, existing collaborative efforts between Yakima County, the Yakima Health District, the State Department of Health and the State Department of Ecology,鈥 McKinney said in the news release.

Commissioner Kyle Curtis wanted to reassure the public that the county government had created systems to address the issue.

鈥淵akima County remains steadfast in its commitment to addressing groundwater safety using a community-driven, fact-based approach,鈥 Curtis said. 鈥淭ogether with our partners, we will continue working to address elevated nitrates in groundwater and provide the necessary resources to help protect our communities.鈥

Court order

The court order requires the dairies to immediately start outreach and test residential wells. Information needs to be provided in English and Spanish about free testing and the availability of alternative drinking water if wells have nitrate concentrations higher than 10 mg/L, Judge Rice ordered.

The dairies need to provide the lab results to the EPA, and they are required to provide a detailed annual report about testing and the results, and where water filters were installed.

They will need to restart quarterly checks of groundwater monitoring wells installed under a 2013 legal document.

The injunction also requires聽the Cow Palace to immediately test a lined lagoon聽for leaks, and make repairs if needed.

The dairies requested a stay on the injunction pending appeal, saying it involves significant requirements and costs, and state and local authorities have made efforts to address and safeguard Valley residents' health and safety.

Rice denied the request on Friday, saying the dairies haven't shown their work so far has abated "the imminent and substantial threat" to public health posed by the operations.

"Many residents are not provided with safe drinking water, their wells are not being regularly tested, and their reverse osmosis water treatment systems are not being maintained," the judge wrote.

"Because of the severe and imminent endangerment to downgradient residents, a stay is not warranted in this case. The high nitrate levels in the groundwater are an extreme danger to the public's health and a stay would cause more danger. The public interest weighs heavily in favor of granting preliminary injunctive relief without a stay."

Jasper Kenzo Sundeen can be reached at jsundeen@yakimaherald.com.

 

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