CINCINNATI, OH – A series of environmental violations led to significant fines and remediation payments for Beam Custom Application, its owner Joseph Beam, and two Ohio dairies, Stardust and Assen, following multiple fish kills in 2010. The incidents, stemming from improper manure application practices, highlight the dangers of agricultural runoff and the importance of adherence to environmental regulations.
The Ohio Department of Natural Resources initially flagged the issue with two separate reports of dead fish. Investigations revealed that Beam Custom Application was responsible for applying manure at both Stardust Dairy and Assen Dairy when the pollution occurred. In the case of Stardust Dairy, Joseph Beam knowingly applied manure to a saturated field, ignoring warnings about the condition of the ground and failing to check for potential runoff into nearby waterways. A subsequent rainfall event then carried the manure into the East Fork of Paint Creek, resulting in the deaths of an estimated 6,754 fish and other wildlife. Both Beam and the dairy operator, Franciscus Van Genugten, admitted to neglecting pre-application weather forecasts and post-application tile inspections.
A similar scenario unfolded at Assen Dairy, LLC, where Beam applied manure despite an impending rainfall. Once again, the manure entered field tiles and discharged into a waterway, causing the death of approximately 500 fish and wild animals. The Ohio EPA’s Division of Surface Water took swift action, initiating charges against all parties involved. The cases underscored a pattern of negligence and disregard for environmental protection.
Legal Ramifications & Penalties
The legal consequences were multi-faceted. Stardust Dairy pled guilty and was ordered to pay a total of $16,000, including fines and contributions to environmental enforcement organizations. Petrus Assen, owner of Assen Dairy, faced a $1,000 fine and $5,000 in restitution to the Ohio EPA. Beam Custom Application and Joseph Beam were each penalized in both cases. For their role in the Stardust incident, Beam Custom Application was fined $1,000 and ordered to pay $5,500 to the Ohio EPA’s Division of Surface Water. Joseph Beam received a $1,000 fine and $2,500 in payments to environmental funds. In the Assen Dairy case, Beam Custom Application was fined $1,000 and ordered to pay $2,500 to the Ohio EPA, while Joseph Beam faced another $1,000 fine and $2,000 in payments.
Notably, as part of their settlements, both Stardust Dairy and Beam Custom Application agreed to publish letters in farm journals acknowledging their responsibility for the pollution incidents. This public admission of guilt is a rare, yet significant, component of the enforcement actions. All parties were charged with violating Ohio state environmental regulation 6111.04, pertaining to water pollution control.
Key Facts
- Defendant: Beam Custom Application & Joseph Beam
- State: Ohio
- Year: 2010-2011
- Crime: Environmental Pollution (Manure Runoff)
- Victims: East Fork of Paint Creek & unnamed waterway; approximately 7,254 fish & wildlife
- Statute Violated: Ohio State Environmental Regulation 6111.04
- Total Penalties: Over $40,000 in fines and restitution
- Additional Penalty: Public admission of responsibility via farm journal publication
The Ohio EPA continues to emphasize the importance of responsible manure management practices to prevent future environmental damage. This case serves as a stark reminder that agricultural operations must prioritize environmental stewardship to avoid costly legal penalties and, more importantly, protect Ohio’s valuable natural resources.
Source: EPA ECHO Enforcement Case Database
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