Something Smells at Emmert's Farm, and It's More Than the Manure

On June 13, Portland's own Oregonian published a story on Clackamas Landowner Terry Emmert's failure to adhere to several environmental violations on his water buffalo farm near Carver River, a popular summer swimming destination for locals. As usual, however, the O neglected to mention a few things.

Terry received several environmental violations over the last few years from the Department of Agriculture. He has had numerous complaints from neighbors for the smell, appearance of human and animal feces on and surrounding his property, and contaminating a local water supply. The department's warnings said he must adhere to standards set forth, but when he failed to comply (i.e. when they told him to build a fence before the next visit a few months later, and he put forth no effort) no enforcement was ever enacted.

One of the largest landowners in the county, Terry is also said to be chummy with people in high places, which could explain why no one in the County will impose any penalties on Emmert.

Willamette River Keepers just filed another complaint on June 28 with the Department of Agriculture, and say they plan on pursuing the same for Emmert's other two water buffalo farms. Word is, yet another location owned by Emmert is under scrutiny for suspect sewage leakage, which spurred the State DEQ to start filing suit against him for hazardous waste disposal.

The real question here that has not been addressed is why isn't anything being done to Emmert? Why can he continue to pollute Portland Waterways and disregard all of the recommendations made to him by the Department of Agriculture?

When I asked Stephanie Paige who works with the Dept, she said that while there are dates set for Terry to comply, there are no plans to enforce any restrictions, levies, or other mandates that might make Terry clean up his manure.

If the Clean Water Act could provide some jurisdiction over Emmert's property, then State Law allows for action to be taken. Unfortunately, Emmert's property is not defined as a "Confined Animal Feeding Operation," so this act does not apply. But he raises farm animals, allows their manure to flow freely into open water, and is clearly operating a confined animal operation.

So why doesn't his property qualify? Well, the Dept of Ag says that they do not have the authority to change this designation. But when I spoke with them a week later, they said that they decide who qualifies as a CAFO. More friends in high places for Terry?

Could be.