Through the Agency's investigation, it was discovered that David Montagne and Eugene Branon, operating as B&M Dairy, applied liquid manure to its fields in April 2007, which resulted in a discharge to Lake Champlain. The matter came to light as a result of a citizen who photographed the discharge and reported it to the local media and the Agriculture Agency. The matter was subsequently investigated by Environmental Enforcement Officer Ted Cantwell. After the investigation was completed, David Montagne and Eugene Branon were notified of the violations and agreed to resolve them.

The settlement was reduced to an Assurance of Discontinuance and was ordered by the Environmental Court on December 31, 2007. In the settlement David Montagne and Eugene Branon agreed to an internal supplemental environmental project in the amount of $8,500 to tile the fields that were involved in the discharge. They will also pay to have a study done to determine if the tiling of the field results in a reduction in discharges from the farm; create and maintain a buffer; and conduct training of their employees all in an effort to prevent future discharges. It was also agreed that a civil penalty of $2,000 will be paid to the State of Vermont for the violations.

For Further Information please contact:
Attorney Gary Kessler at 802-241-3820 or email to gary.kessler@state.vt.us