Agency urges area community members to get their wells tested

July 2, 2024

SEATTLE — Today, the U.S. Environmental Protection Agency and the U.S. Department of Justice asked the Eastern District Court of Washington to immediately force three large Lower Yakima Valley dairies to test down-gradient wells within an area approximately three-and-one-half miles south and southwest of the dairies and supply alternative drinking water to homes where well water exceeds the federal standard for nitrate of 10 milligrams per liter.

Today’s “motion for preliminary injunction” follows the lawsuit EPA and DOJ filed on June 26 claiming the three dairies have failed to adequately control nitrate contamination from their operations. In the complaint EPA alleges the dairies, which collectively have over 30,000 animals, have failed to comply with a legal agreement they entered into with EPA in 2013 which aimed to reduce nitrate leaching from their facilities and protect downgradient community members with nitrate contaminated well water. The agencies believe this nitrate contamination may be contaminating the drinking water wells of nearby community members.

EPA is urging community members using a well within approximately three-and-one-half miles south and southwest of the dairies to visit www.epa.gov/lyvgw or call 509-204-1941 (local) or 888-508-6344 (toll free) for information on how to get their wells tested for nitrate.

Nitrate is an acute contaminant. A single exposure can pose health risks, including a condition in infants known as methemoglobinemia, also known as “blue baby syndrome,” that can result in death. People who are pregnant or have other health concerns are also at high risk from other health effects from exposure to nitrate.

“People who live near these dairies are at risk,” says Ed Kowalski, Director of EPA Region 10’s Enforcement and Compliance Assurance Division. “It is critical that the dairies follow through on what they promised to do to protect their neighbors. The work remains unfinished and the contamination persists.”

“Everyone deserves safe drinking water,” Kowalski continues. “And we’re going to do everything we can to ensure the people near these dairies get it sooner rather than later.”

“Strong and fair enforcement of environmental and public health laws ensures a healthy community for all families to live, learn, play, and work,” stated Vanessa R. Waldref, United States Attorney for the Eastern District of Washington. “Protecting access to safe drinking water is needed for a high quality of life and makes our region safer and stronger.”

Specifically, EPA has asked the federal judge to require the dairies to:

• Continue monitoring groundwater at their sprawling facilities
• Offer nitrate testing of drinking water wells to community members within an area approximately three-and-one-half miles hydrologically downgradient
• Offer to provide impacted homes with either a treatment unit or bottled water delivery if nitrate levels are above the maximum containment level of 10 mg/L
• Offer professional maintenance service for any impacted home with a treatment unit
• Immediately test a lined lagoon for leaks because the liner was seriously damaged during a windstorm and EPA suspects it is a source of a continuing leak of significant amounts of nitrate to groundwater

If the court agrees, EPA will notify the affected homes and will explain how affected homes can get free well testing and alternative water, if needed.

Background

In 2010, EPA found that nitrate contamination of wells in the Lower Yakima Valley – an area historically overburdened by environmental and public health challenges — may present an “imminent and substantial endangerment to human health.”

There are approximately 9,300 private wells in the Lower Yakima Valley that people rely on for drinking water. EPA understands that approximately 5,600 of these private wells are located in Yakima County and approximately 3,700 are located in neighboring Benton County.

Homes that receive drinking water from residential drinking water wells, or private wells, may be at risk. Residential drinking water wells include individual wells that serve one home, shared wells that serve two homes, and wells that provide drinking water to fewer than 15 service connections and fewer than 25 people per day, which are considered “Group B Public Water Systems” in the State of Washington.

While EPA is concerned about nitrate contamination in groundwater throughout the Lower Yakima Valley, it’s focused on these three large dairy operations concentrated in the Granger area where groundwater nitrate levels are particularly high, and the well-water of many downgradient homes has high levels of nitrates.

Dairies generate large quantities of liquid and solid animal waste, which contains nitrogen which can turn into nitrate in the soil. Nitrate can migrate into groundwater if not managed properly.

EPA is working with state agencies to reduce high levels of nitrate found in groundwater supplies throughout the Lower Yakima Valley and has provided funding to the Washington Department of Health to increase groundwater and air quality education and outreach in the Lower Yakima Valley. As part of this effort, Yakima County, in partnership with Washington Department of Health and the Yakima Health District, launched the Lower Yakima Valley Groundwater Management Area Safe Drinking Water Initiative to offer free well testing and free drinking water for homes whose wells exceed EPA’s health-based standard for nitrate of 10 mg/L.

What are the health risks from nitrate in drinking water?

Too much nitrate in your body makes it harder for red blood cells to carry oxygen, and symptoms can appear within hours or days. A single exposure to high nitrate levels above EPA’s maximum contaminant level can cause health effects in babies, people who are pregnant and sensitive adult populations with certain health conditions. While most people recover quickly, consuming water with high nitrate levels can be dangerous for babies and some adults.

EPA recommends that people not use water with high nitrate levels to prepare baby formula.

Nitrate is not easily absorbed through healthy skin so bathing in water with high nitrate is generally considered safe, but caretakers should be cautious when bathing babies who can ingest water while bathing.

Washing clothes and most dishes in water with high nitrate levels is also generally considered to be safe, but EPA recommends using alternative water to wash and sanitize baby bottles, breast pump parts, pacifiers, and other infant feeding items that go into their mouths.

While it is considered safe to water fruit and vegetables in home gardens with water that is high in nitrate, EPA urges people to use alternative water to wash the surface of fruits and vegetables prior to cooking or eating.

Boiling water will NOT reduce nitrate levels. In fact, it will make the level of nitrate worse because some of the water will evaporate but the nitrate will not. This increases the concentration of nitrate in water.