Adams Land and Cattle and the Nebraska Department of Environmental Quality have settled out of court.
According to records filed with the court, NDEQ charged ALCC with water pollution following heavy September rains in 2010.
The complaint was filed in Lancaster Court by the State Attorney General’s office Aug. 9 of this year.
In a consent decree filed Aug. 10, ALCC agreed to a $11,682 fine, $5,800 of which will go to the state, $5,800 will go to the Broken Bow Chapter of Pheasants Forever to be used as habitat restoration and enhancement, and $82 will go to the cost of the court.
Adams Land and Cattle President Barry Fox responded Wednesday to the court hearings.
“We are a highly regulated industry and while we work hard to comply with the environmental regulations at all times, mother nature does not always cooperate with our efforts.
On Sept. 22, 2010, up to 9 inches of rain was delivered to Adams Land and Cattle south lot and the surrounding town of Broken Bow. This significant rain event caused a discharge form a holding pond.
Fox went on to state that the company has been working closely with the Nebraska Department of Environmental Quality on this matter , and have taken additional measures to prevent such incidents in the future.
The consent decree stated that “on or about Sept. 23, 2010, and continuing until approximately 7:30 a.m. on Sept. 24, 2010, a 25 year, 24 hour rain event caused a discharge of livestock wastewater from a holding pond at the defendant's facility ...
“At the time of the rain event, the wastewater level of the holding pond exceeded the “must pump” level established for the pond by applicable regulations and the Defendant’s permit because the Defendant was in the process of dredging sludge from the pond.
The decree went on to state that both parties agreed to settlement without taking the case to trial, and that the degree settlement was not an admission on the part of ALCC.