I have plenty to show that a lawsuit was not my first choice; this is why I made the offer, and why I called the state and county. I practically pleaded with them to come out and try to find some basis upon which they could write the guy a citation, he'd fix it, the end. I was encouraged when the state field inspector came out, saw the problem and said that he was going to have someone from the state manure management dept. come out and discuss manure BMPs. But when he got back into his office his supervisor determined they had no jurisdiction and the whole thing was dropped. I think a lot of it has to do with very tight state budgets, not enough personnel, too many demands, etc. It was at about this point where I asked them "so I am going to have to hire a lawyer to enforce state laws?" and they replied "yes".

I am concluding that no practical remediation is possible; the only recourse is a court order having them remove the pile, institute BMPs, and continual monitoring of the pond until the health risk abates. According to the "experts" this could be some time. In the meanwhile, with the pond in such a turbid condition I am concerned about available TDO and the health hazards involved with aeration; namely hooking my 3" 270 gpm pump up and shooting a spray of highly contaminated water high into the air where the aerosol can be picked up by the wind and breathed in by anyone nearby.

Last edited by CypressTx; 07/08/12 12:45 PM.