Friends of Toppenish Creek

Our Mission

Friends of Toppenish Creek is dedicated to protecting the rights of rural communities and improving oversight of industrial agriculture. FOTC operates under the simple principle that all people deserve clean air, clean water and protection from abuse that results when profit is favored over people. FOTC works through public education, citizen investigations, research, legislation, special events, and direct action.

 

 


 

 

 

 


Friends of Toppenish Creek does not discriminate on the basis of race, color, national origin, sex, age, or disability in its programs or activities.

 


 

To Report a Manure Spill 

WSDA 1-800-258-5990 

Central WA Ecology 509-575-2490

 


Please consider supporting the Cumulative Risk Burden of Pollution (CURB) Act when it comes up for a vote.

FOTC presents this information to show that cumulative assaults on the environment add up over time. One small, concentrated animal feeding operation (CAFO) is not so bad. A little barnyard odor is not so bad. So, officials who do not live here pile on more and more, until we experience unhealthy air, undrinkable water, and loss of instream flow to the Yakima River – a center piece for our lives. 

Fryslan 2015.4 SEPA Checklist

Fryslan 2015.6 Strausz Letter

Fryslan 2015.7 Stop Work

Fryslan 2015.7 Determination of Significance

Fryslan 2015.7 Ecology Comments

Fryslan 2015.8 WELC

Fryslan 2015.12 DAHP

Fryslan 2016.1 DFW

Fryslan 2016.2 Conditional Use Permit

Fryslan 2016.2 Environmental Review

Fryslan 2016.4 Ecology Comments

Fryslan 2016.10 Hydrogeological Impact Assessment

Fryslan 2017.1 Ecology Technical Memo

Fryslan 2017.3 YHD

Fryslan 2017.4 MDNS

Fryslan 2017.5 Iller Letter

Fryslan 2017.5 Strausz Letter

Fryslan 2017.6 Iller Letter

Fryslan 2017.6 MDNS

Fryslan 2017.6 Stokes Lawrence

Fryslan 2017.6 WSDA

Fryslan 2017.7 Iller Statement

Fryslan 2017.7 Iller to Hearing Examiner

Fryslan 2017.7 Open Public Hearing Comments

Fryslan 2017.8 Hearing Examinaer Decision

Fryslan 2017.10 Well Monitoring Covenant

Fryslan 2017.11 Memorandum

Fryslan 2017.11 Stokes Lawrence Opposition

Fryslan 2017.11 Yakima County Staff Report

Fryslan 2017.12 BOCC Decision

Fryslan 2017.12 Turner PP

Fryslan 2018.9 Sage Brush Dairy

Fryslan 2018.11 Sage Brush CUP Application

Fryslan 2018.11 Sage Brush Comments

Fryslan 2018.11 Sage Brush Ecology Comments

Fryslan 2018.12 Sage Brush MDNS

Fryslan 2018.12 Sage Brush Letter from Ecology

Fryslan 2019.1 Sage Brush Final MDNS

Fryslan 2020.7 Stokes Lawrence Moving Calves

Fryslan 2021.7 Verification of Compliance

Fryslan 2024 Well Monitoring Reports


 

In early 2023, the Friends of Toppenish Creek submitted a civil rights complaint to the U.S. Environmental Protection Agency alleging that the Yakima Regional Clean Air Agency violated the civil rights of people who live in the Lower Yakima Valley. In the complaint FOTC said:

 

If people from the YRCAA spend any time in south Yakima County, they know that a great deal of conversation takes place in Spanish. When people in south Yakima County talk about odor in the ambient air, they do so in their native tongue. When they try to inform the YRCAA that “el aire está mal” the YRCAA staff respond to their concerns with unsupported phrases such as “that is part of living in the country” or “we are prohibited from regulating farm odors”, and that is the end of the discussion. This dismissive attitude further separates the Limited English Population from participation in public processes that English speakers take for granted.

 

FOTC was motivated to complain when, in December of 2022, the YRCAA Board of Directors appointed a representative from the fruit industry to fill the community at large position on the board without announcing this opportunity to the public, especially to the Spanish speaking population in the LYV.

 

On July 30, 2024 the EPA accepted the FOTC complaint for investigation. The EPA will consider:

 

  1. Whether YRCAA discriminated on the basis of race and/or national origin (including limited English proficiency) when implementing its Clean Air Act permit program, specifically with respect to methods of air emissions testing and complaint investigations.
  2. Whether YRCAA discriminated on the basis of national origin by failing to ensure meaningful access to its programs and activities, including but not limited to the environmental decision-making process, for individuals with limited English proficiency

 

 


Stock Piling Manure in Pens and Corrals

     A myth that impedes progress in effective regulation of animal agriculture is the idea that whatever industry does is an acceptable practice. Seventy years ago few people would have found it acceptable to store animal manure in million gallon lagoons next to people’s homes. Bit by bit that practice has wormed its way into everyday life in rural America. Today many people consider this “normal”. Is confining animals on top of manure next?

     Not too long ago CAFO owners routinely removed manure from pens and corrals. That practice is now changing as operators simply pile up the manure in the center of the lots and let it accumulate for years. In a letter to the EPA Ag & Water Quality Advisory Committee, Friends of Toppenish Creek describes what is happening in the Yakima Valley and summarizes the few regulatory actions in place.

  

Cows stand on top of packed, stockpiled manure in pens in the Lower Yakima Valley

 



 

    Greenwashing in the Evergreen State

     Washington failed to reduce greenhouse emissions to 90.5 million metric tons of CO2 equivalents (MMTCO2e) by 2020, as required by RCW 70A.45.020. Instead greenhouse gas emissions have increased. How can we turn this around? 

     We could reduce WA greenhouse gas emissions by one million metric tons or more by moving away from wet manure management systems and by promoting dry manure management – by stopping the practice of storing animal manure in anaerobic lagoons. Read an FOTC Statement and an FOTC Response to Ecology to learn what it would take to make this happen.

 

Source: Capital and Main. 2023. How a California Dairy Methane Project Threatens Residents’ Air and Water. https://capitalandmain.com/how-a-california-dairy-methane-project-threatens-residents-air-and-water




Fact Sheets regarding National Pollutant Discharge Elimination (NPDES) permits for CAFOs


1. Environmental Coalition Challenges NPDES Permits for CAFOs

 2. Reasons to Oppose CAFOs

3. Fees for Dairies are 20 Years Behind the Times

4. What are Technology Based Effluent Limits (TBELS)?

5. What is "All Known and Reasonable Technology" (AKART)?

6. What are Water Quality Based Effluent Limits (WQBELS)?

7. Citizen Lawsuits

8. Total Maximum Daily Loads

9. TMDLs & CAFOs

10. WET Testing

11. Opinion EPA & the Clean Water Act

12. Data Omission

13. Groundwater Monitoring

14. Surface Waters

15. State Environmental Policy Act

16. Monitoring Wells

17. Motion for Summary Judgement

18. MSJ Argument A



 

 

FOTC Questions SEPA Review for an Anaerobic Manure Bio-Digester 

     On August 23, 2023 Friends of Toppenish Creek was scheduled to go before the City of Sunnyside Hearing Examiner to appeal a mitigated determination of non-significance for a proposed manure bio-digester, planned for construction at the Port of Sunnyside. That appeal was cancelled, although we did not see an official signed document from the Hearing Examiner. Stay tuned for updates.

Here are links to relevant documents:

FOTC Appeal

Application for a Conditional Use Permit sent back for more data in 2021

Construction Application sent back for more information in 2021

Pacific Ag Presentation to Port of Sunnyside Sept 6, 2022

Interlocal Agreement City of Sunnyside & Port of Sunnyside October 22, 2022

Port of Sunnyside Property Sale November 16, 2022

DNS for Property Sale December 6, 2022

New Source Review Application for an Air Permit sent back for more data

Notice of Environmental Review May 17, 2023

Mitigated Determination of Non-Significance June 22, 2023

Sunnyside RNG Emails

WSDA Air Quality Report for Yakima June, 2023

Sunnyside RNG Interrogatory Aug 5, 2023

FOTC Motion to Hearing Examiner Aug 5, 2023

Sunnyside RNG Interrogatory Aug 9, 2023

FOTC Appeal Brief Aug 16, 2023

Notice of Appeal Cancellation Aug 16, 2023

FOTC Response to Cancellation Aug 17, 2023

Traffic Impact Analysis July 10, 2023

FOTC TIA Evaluation August 28, 2023

FOTC Appeal to City of Sunnyside Sept 22, 2023

SS RNG Addendum Letter October 8, 2023

City of Sunnyside Notice of Addendum November 28, 2023

Notice of Addendum November 28, 2023

Addendum Comments Center for Food Safety December 5, 2023

Addendum Comments FOTC December 17, 2023

More Addendum Comments December 19, 2023

SS RNG MDNS Revised January 25, 2024

FOTC Appeal of MDNS February 1, 2024

Pacific Ag Response to Questions Feb 1, 2024

City of Sunnnyside Response to Appeal Feb 6, 2024

FOTC to SS City Council Feb 10, 2024

FOTC to SS City Council Feb 11, 2024

SS RNG MDNS Revision Revised March 22, 2024

Reasons for an Environmental Impact Statement March 28, 2024

 

The Port of Sunnyside currently has an enforcement limit of 78.2 mg/L Nitrate N for groundwater at port monitoring wells - nearly eight times the safe drinking water standard. This level of nitrate in groundwater fits into the highest readings in South Yakima County, or almost anywhere. Why has this happened? To read more click HERE


 

Safe Drinking Water in South Yakima County

     Once again, in this summer of 2023, people in Mabton, WA draw water from their faucets that is undrinkable. The costs to families are high. But the WA State Dept. of Health (DOH) says there is no health risk. It is only hydrogen sulfide. Continue HERE


 

Another Win for Water

Press Release: June 9, 2023, In a court settlement filed today, DBD Washington, LLC and SMD, LLC, two factory farm dairies in Yakima Valley, WA owned by Austin Jack DeCoster, agree to clean up and limit water pollution in response to a lawsuit brought by Community Association of Restoration of the Environment (CARE), Friends of Toppenish Creek, and Center for Food Safety. Yakima residents affected by ongoing factory farm pollution brought the lawsuit in 2019 to stop contamination of local drinking water with animal waste from factory farm dairy operations.

 Under the terms of the settlement, the dairies will help restore the aquifer by remediating nitrate and ammonia contamination beneath the facilities’ lagoons and fund research to compare two remediation methods that target shallow aquifers beneath porous soils. In order to prevent future pollution, the dairies will double line or close waste lagoons, install over a dozen groundwater monitoring wells, improve land application of waste to avoid further contamination, and make other improvements to the infrastructure for waste storage and transport. In the meantime, the dairies will fund alternative sources of clean drinking water for residents near the operations.

 

Press Release click HERE

Consent Decree click HERE


 

Civil Rights in Yakima County

On February 6, 2023 FOTC asked the EPA External Civil Rights Compliance Office to re-open our complaint against the Yakima Regional Clean Air Agency regarding failure of the YRCAA to engage people with Limited English Proficiency. To read that letter click HERE or go to our page on Issues and People.

On March 6, 2023 FOTC submitted a revised and expanded complaint to the EPA External Civil Rights Compliance Office. To read that letter click HERE or go to our page on Issues and People.



 


 

Equal Pay For Equal Work? Not At The YRCAA

 

*** Update - June 2024 ***

 

All three women who worked at the YRCAA when the 2022 grading assignment was approved have now left the agency and gone on to work for other agencies

__________

2022:     The Yakima Regional Clean Air Agency (YRCAA) has hired a company called Compensation Connections to review compensation for staff and make recommendations. The goal, according to the YRCAA Board of Directors, was to bring pay more in line with pay for other agencies and private enterprise. 
     Compensation Connections presented their report at the YRCAA board meeting on October 10. The consultants proposed a revision of the YRCAA pay grades as shown below: