-13-
Petitioner would receive no indemnity if it destroyed
animals because they had tuberculosis or certain other diseases.
6. Petitioner's Environmental System
In October 1988, a dike forming a part of petitioner's
animal waste control system failed, causing effluent to be
discharged over a 10-acre area.
Petitioner knew by the end of March 1989 that it had
significant environmental problems but did not fully appreciate
how severe those problems were. The chief engineer of the Soil
Conservation Service (SCS) of the U.S. Department of Agriculture
evaluated petitioner's property and made recommendations for
designing petitioner's environmental system. He told Sherwood
Gustafson during the design process from October 1988 to June
1990 that petitioner would have to reduce the size of the herd
because petitioner's land could not accommodate an animal waste
control system for all of its existing herd.
Petitioner applied for a permit to build a new animal waste
control system (the environmental system) in 1990. The SCS
designed petitioner's new environmental system. The Florida
Department of Environmental Regulation (DER) approved the plans
in June 1990. The new system required petitioner to keep its
herd in a small high-intensity area (HIA) and to build a 90-acre
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: May 25, 2011