Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.1 Page 1 of 30
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`Charles M. Tebbutt, WSBA #47255
`Law Offices of Charles M. Tebbutt, P.C.
`941 Lawrence St.
`Eugene, OR 97401
`Charlie@tebbuttlaw.com
`Tel: (541) 344-3505
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`Additional Counsel Identified on Signature Page
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF WASHINGTON
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`COMMUNITY ASSOCIATION FOR
`RESTORATION OF THE
`ENVIRONMENT, INC., a Washington
`non-profit corporation; FRIENDS OF
`TOPPENISH CREEK, a Washington non-
`profit corporation; and
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` Case No. ________________
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`COMPLAINT
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`CENTER FOR FOOD SAFETY, a
`Washington, D.C. non-profit corporation,
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`SUNNYSIDE DAIRY, LLC, a Washington
`limited liability company,
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`COMPLAINT
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`Charles M. Tebbutt, WSBA #47255
`Law Offices of Charles M. Tebbutt, P.C.
`941 Lawrence St.
`Eugene, OR 97401
`Charlie@tebbuttlaw.com
`Tel: (541) 344-3505
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`Additional Counsel Identified on Signature Page
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF WASHINGTON
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`COMMUNITY ASSOCIATION FOR
`RESTORATION OF THE
`ENVIRONMENT, INC., a Washington
`non-profit corporation; FRIENDS OF
`TOPPENISH CREEK, a Washington non-
`profit corporation; and
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` Case No. ________________
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`COMPLAINT
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`CENTER FOR FOOD SAFETY, a
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`SUNNYSIDE DAIRY, LLC, a Washington
`limited liability company,
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`Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.2 Page 2 of 30
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`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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`INTRODUCTION
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`This is a civil action for declaratory and injunctive relief against Defendant
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`Sunnyside Dairy, LLC (hereinafter “Sunnyside” or “Defendant”) for violations of
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`the Solid Waste Disposal Act, also known as the Resource Conservation and
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`Recovery Act, 42 U.S.C. § 6901 et seq. (“RCRA”) at Sunnyside’s dairy facilities
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`located at or near 4581 Maple Grove Road, Sunnyside, WA 98944.
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`2.
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`This action is brought pursuant to the citizen suit provision of RCRA, 42
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`U.S.C. § 6972(a)(1)(A) and (B).
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`3.
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`As detailed below, Plaintiffs allege that Sunnyside has violated and
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`continues to violate Section 7002(a) of RCRA by causing and contributing to the
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`past and present handling, storage, treatment, transportation, and/or disposal of
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`solid and hazardous waste in such a manner that may, and indeed does, present an
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`imminent and substantial endangerment to health and the environment. 42 U.S.C. §
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`6972(a).
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`4.
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`Plaintiffs further allege that Sunnyside employs improper manure
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`management practices that constitute the “open dumping” of solid waste in
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`violation of Section 4005(a) of RCRA. 42 U.S.C. § 6945(a).
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`5.
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`Plaintiffs seek declaratory relief establishing that Sunnyside has violated
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`RCRA. Plaintiffs also seek injunctive relief directing Sunnyside to modify its
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`handling, storage, treatment, transportation, and disposal of solid and hazardous
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`waste such that these practices no longer present an imminent and substantial
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`endangerment to health and the environment. Additionally, Plaintiffs seek
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`injunctive relief obligating Sunnyside to remediate the environmental
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`contamination it has caused and/or contributed to, including widespread soil and
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`groundwater contamination. Finally, Plaintiffs request the Court award Plaintiffs
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`reasonable attorneys’ and expert witnesses’ fees and costs incurred in bringing this
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`action.
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`JURISDICTION
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`6.
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`This Court has subject matter jurisdiction over this citizen suit pursuant to
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`Section 7002 of RCRA, 42 U.S.C. § 6972(a).
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`The Court also has federal question jurisdiction pursuant to 28 U.S.C. §
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`1331 because this action arises under RCRA and the Declaratory Judgment Act, 28
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`U.S.C. § 2201, et seq.
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`8.
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`On February 28, 2019, Plaintiffs gave notice of the violations and of their
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`intent to file suit to Sunnyside, Sunnyside’s registered agent, United States
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`Attorney General, United States Environmental Protection Agency (“EPA”), EPA
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`Region X, Washington State Office of Governor, Washington State Office of the
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`Attorney General, and Washington State Department of Ecology as required by
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`Section 7002 (a) of RCRA, 42 U.S.C. § 6972(a). A copy of the notice letter is
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`attached hereto as Exhibit A and incorporated by reference.
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`9. More than ninety days have passed since notice was served, and the
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`violations complained of in the notice are continuing at this time, or Defendant is
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`reasonably likely to continue to remain in violation of RCRA. Neither the EPA nor
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`State of Washington has commenced or is diligently prosecuting a civil or criminal
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`action to redress the violations.
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`10. Any administrative action undertaken by EPA or the State of Washington
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`does not address the relief requested by Plaintiffs that is necessary to abate the
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`imminent and substantial endangerment caused by Defendant’s practices.
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`VENUE
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`11. Venue properly vests in this Court pursuant to Section 7002(a) of RCRA, 42
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`U.S.C. § 6972(a), because the alleged violations of the aforementioned statutes
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`occurred and continue to occur within the Eastern District of Washington.
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`PARTIES
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`12. Upon information and belief, Sunnyside Dairy, LLC is a Washington limited
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`liability company that owns and operates Sunnyside Dairy #1 and Sunnyside Dairy
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`#2. The dairy is located at or near 4581 Maple Grove Road, Sunnyside, WA
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`98944.
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`13. Sunnyside is a “person” within the meaning of Section 1004(15) of RCRA.
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`42 U.S.C. § 6903(15).
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`14. Plaintiffs are non-profit organizations comprised of members who live,
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`work, and recreate in the State of Washington. Plaintiffs share similar interests in
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`improving, protecting, and preserving regional water bodies and groundwater.
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`15. Plaintiff CARE is a non-profit corporation organized under the laws of the
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`State of Washington. CARE’s principal office is located in Outlook, Washington.
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`16. CARE is a grassroots organization composed of concerned community
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`members. Its mission is to inform Washington residents about activities that
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`endanger the health, welfare, and quality of life for current and future
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`Washingtonians through education and citizen empowerment. CARE also acts as
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`an advocate to protect and restore the economic, social, and environmental
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`resources of the region. In carrying out its mission, CARE has appeared in
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`numerous local, state, and federal proceedings.
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`17. CARE’s organizational purposes are adversely affected by Sunnyside’s
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`violations of RCRA. These violations have caused significant environmental
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`contamination of the soil and groundwater. Furthermore, but for Sunnyside’s
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`unlawful actions, CARE would not have to spend as much of its resources on the
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`environmental problems created by illegal contamination from individual large-
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`scale industrial farming operations and could direct these resources to other
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`priorities.
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`18. CARE has individual members who reside in Yakima County and in close
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`proximity to Sunnyside. The environmental, health, aesthetic, economic, and
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`recreational interests of CARE’s members have been and will continue to be
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`adversely affected by Sunnyside’s violations of RCRA. For instance:
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`a. Members of CARE obtain their drinking water from aquifers that have
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`been contaminated with nitrates, phosphorus, and other pollutants,
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`including hormones and antibiotics, by Sunnyside’s improper
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`handling, storage, treatment, transportation, and disposal of solid and
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`hazardous waste. As a result, drinking water that CARE’s members
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`rely upon has been rendered unsafe for human consumption.
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`Consequently, CARE’s members have been forced to obtain, or
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`should be obtaining but may not be able to afford, alternative sources
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`of drinking water. CARE’s members are concerned that consuming
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`this water is harming or could harm them and their families’ health.
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`b. Members of CARE also make domestic and agricultural use of
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`groundwater that has been contaminated with nitrates, phosphorus,
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`and other pollutants as a result of Sunnyside’s improper handling,
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`storage, treatment, transportation, and disposal of solid and hazardous
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`waste. As a result, water that CARE’s members rely upon has been
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`rendered unsafe for domestic and agricultural use. Consequently,
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`CARE’s members have been forced to obtain, or should be obtaining
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`but may not be able to afford, alternative sources of water for these
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`uses. CARE’s members are concerned that the water used in their
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`homes is harming them and their families’ health. CARE’s members
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`are concerned that the food they produce and rely upon for sustenance
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`using this water is not safe to consume.
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`c. Members of CARE also live, work, and recreate in the environment
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`that has been negatively impacted by Sunnyside’s improper handling,
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`storage, treatment, transportation, and disposal of solid and hazardous
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`waste. This has lessened CARE’s members’ enjoyment of their
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`environment. CARE’s members are concerned that their environment
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`has been irreparably injured by Sunnyside’s improper practices.
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`19. Plaintiff Friends of Toppenish Creek is a non-profit corporation organized
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`under the laws of the State of Washington.
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`20. Friends of Toppenish Creek is an organization composed of concerned
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`community members and is dedicated to protecting the rights of rural communities
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`and improving oversight of industrial agriculture. Friends of Toppenish Creek
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`works through public education, citizen investigations, research, legislation,
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`special events, and direct action. Friends of Toppenish Creek particularly devotes
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`itself to enhancing, preserving, protecting, and monitoring the groundwater in the
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`Yakima area.
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`21. Friends of Toppenish Creek’s organizational goals are adversely affected by
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`Sunnyside’s RCRA violations. Friends of Toppenish Creek works tirelessly to
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`protect the rights of communities against groundwater contamination caused by
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`industrial agriculture.
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`22. Friends of Toppenish Creek’s members live in Yakima County and in close
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`proximity to Sunnyside. Friends of Toppenish Creek’s members have been and
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`continue to be injured, and their interests adversely affected, by Sunnyside’s
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`RCRA violations. For instance:
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`a. Friends of Toppenish Creek’s members’ aesthetic interests have been,
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`and will continue to be, adversely affected by Sunnyside’s improper
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`manure storage and disposal. Friends of Toppenish Creek’s members
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`have aesthetic interests in not seeing cow manure where it shouldn’t
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`be. Sunnyside’s compost piles, over-topping lagoons, and application
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`to frozen fields harm Friends of Toppenish Creek’s members’
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`aesthetic interests.
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`b. Friends of Toppenish Creek’s members have suffered actual and
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`threatened injuries to their health and safety caused by Sunnyside’s
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`violations of RCRA, including provisions prohibiting manure stored
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`in lagoons from contaminating the underlying aquifer. Manure-
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`contaminated water has impacted and threatens to impact the safety of
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`members’ drinking water wells and may cause detrimental health
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`effects if consumed
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`23. Plaintiffs Center for Food Safety (“CFS”) is a public interest non-profit,
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`membership organization that works to protect human health and the environment
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`by curbing the proliferation of harmful food production technologies and by
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`promoting organic and other forms of sustainable agriculture. CFS’s organizational
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`purposes are adversely affected by Sunnyside’s violations of RCRA. These
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`violations have caused significant environmental contamination of the soil and
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`groundwater. Furthermore, but for Sunnyside’s unlawful actions, CFS would not
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`have to spend as much of its resources on the problems created by unlawful and
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`hazardous contamination from individual large-scale industrial farming operations
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`and could direct these resources to other priorities.
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`24. CFS represents nearly 245,000 members throughout the country that support
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`safe, sustainable, and organic agriculture and regularly purchase organic products.
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`CFS has approximately 10,000 members in the state of Washington. CFS members
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`live, work, recreate, and grow food in, and consume food and water from, the
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`Yakima Valley. The environmental, health, aesthetic, economic, and recreational
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`interests of CFS’s members have been and will continue to be adversely affected
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`by Sunnyside’s violations of RCRA. CFS members support the public’s right to
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`choose food and crops not sourced from or by industrial farming practices, such as
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`CAFOs. CFS’s members are impacted by CAFOs through destructive leakage and
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`leaching of CAFO pollution into groundwater, which affects the suitability of
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`drinking water for consumption.
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`25. At all relevant times, Plaintiffs were and are “persons” within the meaning
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`of Section 1004(15) of RCRA, 42 U.S.C. § 6903(15).
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`STATUTORY AND REGULATORY FRAMEWORK
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`26. Section 7002(a)(1)(B) of RCRA provides that citizens may commence a
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`citizen suit against “any person,” “including any past or present generator, past or
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`present transporter, or past or present owner or operator of a treatment, storage, or
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`disposal facility who has contributed or who is contributing to the past or present
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`handling, storage, treatment, or transportation, or disposal of any solid or
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`hazardous waste which may present and imminent and substantial endangerment to
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`health or the environment.” 42 U.S.C. § 6972(a)(1)(B).
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`27. Section 1002(b) of RCRA states that “disposal of solid waste…in or on the
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`land without careful planning and management can present a danger to human
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`health and the environment;” and that “open dumping is particularly harmful to
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`health, contaminates drinking water from underground and surface supplies, and
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`pollutes the air and the land…” 42 U.S.C. § 6901(b).
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`28. As required by statute, EPA has promulgated criteria under RCRA §
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`6907(a)(3) defining solid waste management practices that constitute open
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`dumping. See 42 U.S.C. § 6944(a); 40 C.F.R. Parts 257 and 258. These regulations
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`outline certain solid waste disposal practices which, if violated, pose a reasonable
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`probability of adverse effects on health or the environment. 40 C.F.R. § 257.3.
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`29. The purpose of RCRA is “to promote the protection of health and the
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`environment.” RCRA seeks to accomplish this by “prohibiting future open
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`dumping on the land and requiring the conversion of existing open dumps to
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`facilities which do not pose a danger to the environment or to health….” 42 U.S.C.
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`§ 6902(a).
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`30. Section 4005(a) of RCRA prohibits “any solid waste management practice
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`or disposal of solid waste… which constitutes the open dumping of solid waste….”
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`42 U.S.C. § 6945(a).
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`31. Under section 1004(3), “The term ‘disposal’ means the discharge, deposit,
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`injection, dumping, spilling, leaking, or placing of any solid waste… into or on any
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`land or water so that such solid waste or hazardous waste or any constituent thereof
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`may enter the environment or be emitted into the air or discharged into any waters,
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`including ground-waters.” 42 U.S.C. § 6903(3).
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`32. RCRA defines “solid waste” as “any garbage, refuse, sludge from a waste
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`treatment plant… and other discarded material, including solid, liquid, semisolid,
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`or contained gaseous material resulting from… agricultural operations….” 42
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`U.S.C. § 6903(27) (emphasis added).
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`33. EPA criteria for solid waste disposal practices prohibit the contamination of
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`any underground drinking water source beyond the solid waste boundary of a
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`disposal site. 40 C.F.R. § 257.3-4(a).
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`34. An “underground drinking water source” includes (1) an aquifer supplying
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`drinking water for human consumption or (2) any aquifer in which the
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`groundwater contains less than 10,000 milligrams per liter of total dissolved solids.
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`40 C.F.R. § 257.3-4(c)(4).
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`“Contaminate” an underground drinking water source means to cause the
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`groundwater concentration of a listed substance to exceed its corresponding
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`maximum contaminant level specified in Appendix I to 40 C.F.R. Part 257, or
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`cause an increase in the concentration of that substance where the existing
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`concentration already exceeds the maximum contaminant level in Appendix I.
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`FACTS
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`36. All preceding paragraphs are incorporated herein.
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`37. Sunnyside Dairy, LLC is a Washington limited liability corporation formed
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`on March 7, 2012 and dairy operations commenced on or around June 1, 2012.
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`Upon information and belief, Roberto Aquilini is an owner and member of
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`Sunnyside Dairy, LLC. Upon Information and belief, Sunnyside Dairy is currently
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`managed by Rosalio Brambila.
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`38. Sunnyside is a large dairy CAFO under federal and state law. 40 C.F.R. §
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`412.2; WAC 173-224-030.
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`39. As of August 30, 2018, Sunnyside has up to or more than a herd size of at
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`least 6550 animals, including at least 5700 milking cows, 700 dry cows, and 150
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`heifers. These animals are confined 365 days per year.
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`40. Upon information and belief, there are two main aquifers underlying
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`Sunnyside and the surrounding area. These aquifers include a surficial unconfined
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`to semi-confined alluvial aquifer and an extensive basalt aquifer of great thickness
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`underlying sedimentary deposits. Groundwater flows through the surficial aquifer
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`in a manner that generally follow surface topography. Groundwater flows through
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`the upper portion of the underlying basalt aquifer also generally follows surface
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`topography.
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`41. Plaintiffs’ members obtain groundwater from one or both of these aquifers.
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`Manure Storage Practices
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`42.
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`It is estimated that Sunnyside produces approximately 40,000,000 gallons of
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`liquid waste and 20,000 tons of solid waste annually.
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`COMPLAINT
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`Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.14 Page 14 of 30
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`43. Sunnyside composts the solid manure wastes generated by its herd on-site.
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`Composted manure is then used as bedding at the facility or sold off-site.
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`44. Sunnyside flushes its alleys of manure, litter, and waste water into pits with
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`a solids separator.
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`45. Sunnyside may also move its manure through the solids separator into
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`settling basins. Ultimately, the manure is finally stored in unlined lagoons.
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`46. Solid manure, litter (i.e., bedding from pens), and other wastes are also
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`stored and/or composted at Sunnyside on permeable surfaces.
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`47. Sunnyside stores the liquid manure wastes generated by its herd in one of its
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`eight manure storage lagoons. Wastes are held in these lagoons until such time
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`they are applied to fields through various land-application techniques, including
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`dry spreaders, pivot application, spreaders, and sprinklers/irrigation.
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`48. Upon information and belief, Sunnyside’s eight storage lagoons are unlined
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`or inadequately lined, and are without an appropriate leak detection system to
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`prevent the downward migration and seepage of wastewater into groundwater.
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`49. These lagoons have an estimated holding capacity of approximately 45.2
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`million gallons.
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`50. Sunnyside’s manure lagoons are constructed above an aquifer that serves as
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`a domestic water supply.
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`COMPLAINT
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`Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.15 Page 15 of 30
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`51. Upon information and belief, Sunnyside’s manure storage lagoons do not
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`meet NRCS standards.
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`52. Under any circumstances, Sunnyside’s unlined or inadequately lined manure
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`storage lagoons leak manure and manure pollution to groundwater.
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`53. Upon information and belief, seepage from the manure waste storage areas
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`has been ongoing since the date these storage areas were brought into operation,
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`some more than 14 years ago, and has been continuous since put into operation.
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`54. Public records indicate that the groundwater underlying Sunnyside exceeds
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`the Federal and State Ground Water Quality Standards for nitrate (10 mg/l), and
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`show that the wells sampled in the area have tested in excess of 10 mg/l.
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`55. The seepage of manure waste from the lagoons has contributed and is
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`contributing to the excessive contamination of groundwater, which is posing, or
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`may pose, an imminent and substantial endangerment to health or the environment.
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`56. Sunnyside does not, and cannot, use manure nutrients that seep and/or leak
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`from their storage lagoons into the environment as crop fertilizers.
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`57. Sunnyside’s storage and/or composting of solid manure on permeable
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`surfaces causes leachate from the solid manure to enter groundwater, further
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`contributing to the contamination of groundwater.
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`58. Sunnyside does not, and cannot, use manure nutrients that seep and/or leach
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`through storage and/or composting areas into the environment as crop fertilizers.
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`COMPLAINT
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`Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.16 Page 16 of 30
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`59. Sunnyside does not remove animal waste, including manure and urine, from
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`their animal confinement pens. These wastes are allowed to accumulate within the
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`pens, where they seep and/or leach through the soil and into the underlying aquifer.
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`60. Sunnyside does not, and cannot, use manure nutrients that seep and/or leach
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`through animal confinement pens and into the environment as crop fertilizers.
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`61. Manure that has been permitted to leach, leak, or otherwise contaminate the
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`groundwater, such as from a leaking lagoon, solid manure storage area, compost
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`storage area, or other permeable surface, is a “discarded material” from an
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`“agricultural operation” and is therefore a “solid waste” under Section 1004(27) of
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`RCRA. 42 U.S.C. § 6903(27).
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`62. Sunnyside’s improper manure storage practices have caused irreparable
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`injury to the environment, contaminating soils and groundwater with excessively
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`high levels of nitrates, phosphorous, and other pollutants, including, but not limited
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`to, pharmaceutical products.
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`Manure Application Practices
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`63. Upon information and belief, Sunnyside and/or its agents have applied,
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`continue to apply, and are reasonably likely to continue to apply liquid and solid
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`manure wastes to nearby agricultural fields in amounts that exceed agronomic
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`rates.
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`COMPLAINT
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`Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.17 Page 17 of 30
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`64. Elevated nutrient levels found in soils receiving manure are evidence of
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`manure applications in excess of agronomic rates and crop fertilization needs.
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`65. Soil tests submitted to the Washington Department of Agriculture show
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`elevated nitrate levels of both nitrate and phosphorus. For Fall 2017 sampling
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`results, 18 of the fields to which Sunnyside applies nutrients showed nitrate levels
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`greater than 45 ppm. Further, at least 551, but up to 900 acres, were at or above 45
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`ppm nitrate in three out of the last five years. Multiple fields, including, but not
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`limited to, “Wades 01,” “60 acre,” “Orchard East,” and “Toms01 South” have
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`shown excessive increases in nitrate levels since 2013.
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`66. Soil tests submitted to Washington Department of Agriculture show elevated
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`nitrate and phosphorus again in 2018. For Fall 2018, 13 of the fields to which
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`Sunnyside applies nutrients show nitrate levels above 45 ppm, with one field,
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`“Tom02 West,” exhibiting a nitrate level as high as 214.7 ppm. 17 of Sunnyside’s
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`application fields showed fall phosphorus levels at or above 100 ppm, with the
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`“Orchard West” field containing 467 ppm phosphorus.
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`67. Upon information and belief, the elevated nutrients found in Sunnyside’s
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`fields are the result of applying manure in excess of agronomic rates and crop
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`fertilization needs.
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`COMPLAINT
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`Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.18 Page 18 of 30
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`68. Applications of manure waste above agronomic rates causes manure
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`nutrients, including, but not limited to, nitrates and phosphorus to leach through the
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`soil and into groundwater.
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`69. Upon information and belief, the over-application of liquid manure above
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`agronomic rates and crop needs has been ongoing since the date Sunnyside was
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`brought into operation.
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`70. The surface soils to which Sunnyside applies are well-drained and have a
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`high saturated hydraulic conductivity.
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`71. The well drained nature of these soils along with the high hydraulic
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`conductivity make for highly susceptible soil conditions for groundwater
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`contamination and very low potential for denitrification to decrease nitrate
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`contamination of groundwater.
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`72. Dairy effluent concentrations of ammonia and nitrate can be considerable, as
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`ammonia is produced by hydrolysis of waste fluids. Ammonia is rapidly converted
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`to nitrate when the manure encounters aerobic soils or groundwater. Due to their
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`high solubility, ammonia and nitrate can readily leach into groundwater.
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`73. Plants can only uptake nitrate, nitrite, and phosphorus in limited quantities.
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`Quantities of nitrate, nitrite, and phosphorus in the soil in excess of concentrations
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`which can be used by the currently active crop as fertilizer migrate into the vadose
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`COMPLAINT
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`Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.19 Page 19 of 30
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`zone and the water table, where they adversely impact and pollute groundwater
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`quality and its use as a drinking water source.
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`74. Once nitrates enter the vadose zone, the area below the soil surface from the
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`end of the vegetative root zone to the beginning of the groundwater table, they
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`migrate down to the nearest groundwater.
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`75. Migration to the vadose zone and water table may also occur where well-
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`drained soils cannot hold the nitrate, nitrite, and phosphorus in the root zone for a
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`sufficient amount of time to allow for the crops’ natural uptake process.
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`76. Migration to the vadose zone and water table may also occur when
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`Sunnyside irrigates their application fields, or when Sunnyside makes additional
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`manure applications, causing excess nitrate, nitrite, and phosphorus to be pushed
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`further down into the vadose zone and groundwater. Once nitrates enter the water
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`table, they migrate away from Sunnyside property and into the wells of nearby
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`residents depending on the depth and flow directing of the initial receiving
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`groundwater.
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`77. Sunnyside knows or should know that application of manure above
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`agronomic rates – that is, application above which the current or planned crop can
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`effectively utilize as fertilizer – will cause manure nutrients, including, but not
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`limited to, nitrate and phosphorous, to pass through soils before they can be
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`COMPLAINT
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`Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.20 Page 20 of 30
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`utilized by the planned or active crops into groundwater. This renders the manure
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`incapable of serving its intended purpose as a fertilizer.
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`78. Manure that has been over-applied on fields and permitted to leach, leak, or
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`otherwise contaminate the groundwater is a “discarded material” from an
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`“agricultural operations,” and is therefore a “solid waste” under Section 1004(27)
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`of RCRA. 42 U.S.C. § 6903(27).
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`79. Sunnyside’s improper manure application practices have caused irreparable
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`injury to the environment, contaminating soils and groundwater with excessively
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`high levels of nitrates and other pollutants.
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`Contamination of Groundwater in Excess of MCLs
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`80. The practices mentioned in the preceding paragraphs, which are hereby
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`incorporated, are causing or contributing to groundwater contamination beyond the
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`federal MCL for nitrates.
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`81. The EPA has determined that nitrates pose an acute health concern at certain
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`levels of exposure. Nitrate contained in drinking water are colorless and odorless.
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`Ingestion of nitrates, converted to nitrite in the body, interferes with the oxygen
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`carrying capacity of blood, potentially resulting cyanosis and, at higher levels,
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`asphyxia.
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`COMPLAINT
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`Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.21 Page 21 of 30
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`82. High levels of nitrate in water can also cause a blood disorder in infants
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`known as methemoglobinemia (“blue baby syndrome”) that can be fatal if left
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`untreated.
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`83. Methemoglobinemia is a blood disorder in which an abnormal amount of
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`methemoglobin – a form of hemoglobin – is produced. Hemoglobin is the
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`molecule in red blood cells that distributes oxygen to the body. Methemoglobin
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`cannot release oxygen. In methemoglobinemia, the hemoglobin is unable to release
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`oxygen effectively to body tissues.
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`84. High nitrate levels may also affect pregnant women and adults with
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`hereditary cytochrome b5 reductase deficiency.
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`85.
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`In addition, nitrate and nitrite ingestion in humans has been linked to
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`goitrogenic (anti-thyroid) actions on the thyroid gland (similar to perchlorate),
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`fatigue and reduced cognitive functioning due to chronic hypoxia, and maternal
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`reproductive complications including spontaneous abortion.
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`86.
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`Ingestion of nitrates in excess of MCL is also suspected causing various
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`forms of cancer in the general exposed population, including a variety of
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`carcinogenic outcomes deriving from N-nitrosamines formed via gastric nitrate
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`conversion in the presence of amines, and compromises the health of immune-
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`compromised individuals and the elderly.
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`COMPLAINT
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`Case 1:20-cv-03128-TOR ECF No. 1 filed 08/18/20 PageID.22 Page 22 of 30
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`87. The MCLs are health-based standards that specify contaminants known to
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`have an adverse effect on human health at levels beyond the parameters set forth
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`by regulations.
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`88. Water samples taken from groundwater monitoring wells on Sunnyside’s
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`property and from residential wells surrounding Sunnyside’s property show
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`elevated levels of nitrate in the groundwater.
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`89. Upon information and belief, the highest levels of nitrates generally occur in
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`the
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