AG Nessel Accuses Tuscola County Dairy of Illegal Discharge of Waste into State Waters, Operating without Required Permits

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Michigan Attorney General Dana Nessel has filed a complaint against Zimba Dairy, Inc. of Tuscola County for violations related to unlawful discharges into state waters.

The complaint, filed on behalf of the People of the State of Michigan, the Michigan Department of Natural Resources (DNR), and the Michigan Department of Environment, Great Lakes and Energy (EGLE), alleges Zimba has failed to obtain a mandated wastewater permit, and has unlawfully impacted wetlands and inland streams with significant damaging effects.

Described by the state as a concentrated animal feeding operation (CAFO) with three locations and over 2,000 head of cattle, including approximately 1,600 dairy cows, Zimba Dairy, Inc. is owned by second- generation farmer Edward Zimba and his wife, Melanie, of Deford (near Caro). Profiled and featured by the likes of Horizon Organic Milk company and more, the farm seems to pride itself on its organic practices, with Edward managing the dairy cattle and crop production while Melanie runs accounting, human resources and organic certification for the company. As of 2019, Zimba Dairy had National Organic Program (NOP) organic, non-GMO and American Grassfed Association (AGA) certifications.

According to the state’s press release the dairy “confines well over 700 cows for a portion of most days, if not every day, and feeds their cows silage in addition to a nominal allotment of grass.” In the same press release, Nessel said that, “By law, Zimba must properly manage the waste it produces by confining so many animals in a small space; instead, it has flaunted wastewater permitting rules and continues to pollute Michigan’s water resources.”

Zimba Dairy has been accused of other serious illegal discharge actions; most significantly, the complaint alleges the dairy polluted North Branch White Creek with runoff from unlawfully stockpiled agricultural waste. The discharge killed large quantities of fish, including valuable sportfish and host fish for endangered mussel species. In addition to the North Branch White Creek discharge, EGLE has documented many other state water quality standards violations resulting from the farms’ discharges near its production area.

Zimba Dairy has also installed culverts and placed fill material in over 1,000 linear feet of wetlands and almost 200 linear feet of an inland stream without a permit. Most of these installments are not entitled to a permit because there are alternatives to filling in and destroying these natural resources.

The State’s complaint seeks civil penalties, attorneys’ fees, the cessation of ongoing pollution, and an order that Zimba Dairy obtain the required permits.