No good deed goes unpunished?
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    GTT's Pilot in Command (PIC) farmgirl19's Avatar
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    No good deed goes unpunished?

    It may take years, but it will still bite you in the behind.

    Tainted milk threatens to shut down century-old dairy farm | newscentermaine.com
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    I bet he was told it was safe, but now will get no help. It looks like the processor will not touch milk from his farm, so at least as dairy farm it is done. The source of the waste should have to buy him out.
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    GTT's Pilot in Command (PIC) farmgirl19's Avatar
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    Quote Originally Posted by Zebrafive View Post
    I bet he was told it was safe, but now will get no help. It looks like the processor will not touch milk from his farm, so at least as dairy farm it is done. The source of the waste should have to buy him out.
    Yep, he was told it was safe. He's culled all of his herd and gone out of state to get new cattle. And those that dumped onto his land, and told him it was "safe" are not stepping up. Even if they don't manage to tax you off of the land, they can still ruin your livelihood. If he wins he suit, it will be appealed until he is in the grave.
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    Glad they found the problem from a public health stand-point, but the good, "little guy" gets screwed. Kind of reminds me of TTWT's stolen tractor situation...
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    There is no excuse for this; the hazardous waste regulations went into effect, as I recall, about 1980 or so. Why were they so anxious to spread this crap on someone else's land? One guess. They should have known. From my experience, the paper industry had a lot of catching up to do when the environmental regulations went into effect, from every aspect...air, water, solid and hazardous waste. They used Chlorine Dioxide to bleach their paper, what could possibly go wrong?

    I wish the farmer God speed, a good legal team and a billion in restitution and punitive damages.
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    After just a brief review of the case after reading this article - I’d say it’s far from a clear cut winner unfortunately.

    Farmers were “PAID” (emphasis added intentionally here to accept this waste onto their fields as an enhancer. Key here is they made money taking something they were told would benefit them.

    Now a reasonable person has to approach the situation like this....someone is coming around offering me a product that is going to only benefit me, with no downside or risk and they are PAYING me to accept it. When you accept payment - you also accept that you have done your due diligence and accept the risk. Think about it - someone offers you something that will make you live longer, be better looking and make you wealthier and they will reward you for taking it - you assume the risk of all that brings on - having to pay bills longer than your normally expected life, dealing with potentially more unwanted attention and having to worry about managing more money than you typically do.

    Now if it were a “they bought the product as fertilizer” or even agreed to allow them to dump it gratis - they likely would not have waived any rights. But by taking $$ - you give up rights as a typical view of practical law.

    Only if you could prove the person paying for waste disposal KNEW and MATERIALLY MISREPRESENTED the product do you have a good case. That changes the vantage as knowing and concealing something that may change the other parties mind about a contract is different. You have to disclose anything you reasonably and presumably know that others may not know about.

    Given the venue, they well may win. Fairly liberal venue and first round of judge is going to favor “the little guy” (again, if you lost millions - you ain’t so little in my mind). But get to even the state Supreme Court or federal courts - it’s a tough case.

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    Quote Originally Posted by Zebrafive View Post
    I bet he was told it was safe, but now will get no help. It looks like the processor will not touch milk from his farm, so at least as dairy farm it is done. The source of the waste should have to buy him out.


    funny FG should bring this up about the farmer and sludge.i have a story about it too. back in 82 or 83 Phila needed a place to dump theirs too. truck load after truck load came up to our old strip job we was pushing shut, and it was all farm land originally. that summer i was pushing a set of pans around laying topsoil down, before the sludge showed up. we watched the biggest tomato plant grow out of the ground i had ever seen.everyone knew i carried tomato sammichs in my bucket pretty near every day, and was teasing me to use them tomato's on that one stalk, so.......one day we picked the biggest one, and i cut it open to just see how good it looked inside. jeepers it was empty-just a shell no guts inside what so ever

    now this sludge was chiseled into about 3 ft of topsoil, that the pans laid down first.

    fast forward a couple of yrs, and the farmer who was milking -and using his well, the water went bad. so coal company drilled him a brand new well, in a yr it went bad. ended up in court for several yrs then. ended up coal company went out of business, and all of us had to either cash out our retirements, or roll it over. that happened in 86-IIRC. never heard if farmer kept milking or not, as i was working another job by then-in fact was on my 2nd job by the retirement thingee.

    that sludge made the grass grow good and green, later that summer into fall. lots and lots of farms back then got it spread on them, in them couple yrs-how they fared out-nobody ever heard
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    I’m in that area and dairy farms are pretty common. I asked a couple about it as it’s been in the news for a while and across the board they don’t use sludge, they generate more then enough manure for fertilizing both grazing and haying fields.

    In my particular town the sludge is spread on unused fields that I believe are municipal owned. We also have city water drawn from a lake about 10 miles away.
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    That just sucks.

    Perhaps the "cities" should have to just keep their $hit within the city limits.
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    Quote Originally Posted by toymaker View Post
    After just a brief review of the case after reading this article - I’d say it’s far from a clear cut winner unfortunately.

    Farmers were “PAID” (emphasis added intentionally here to accept this waste onto their fields as an enhancer. Key here is they made money taking something they were told would benefit them.

    Now a reasonable person has to approach the situation like this....someone is coming around offering me a product that is going to only benefit me, with no downside or risk and they are PAYING me to accept it. When you accept payment - you also accept that you have done your due diligence and accept the risk. Think about it - someone offers you something that will make you live longer, be better looking and make you wealthier and they will reward you for taking it - you assume the risk of all that brings on - having to pay bills longer than your normally expected life, dealing with potentially more unwanted attention and having to worry about managing more money than you typically do.

    Now if it were a “they bought the product as fertilizer” or even agreed to allow them to dump it gratis - they likely would not have waived any rights. But by taking $$ - you give up rights as a typical view of practical law.

    Only if you could prove the person paying for waste disposal KNEW and MATERIALLY MISREPRESENTED the product do you have a good case. That changes the vantage as knowing and concealing something that may change the other parties mind about a contract is different. You have to disclose anything you reasonably and presumably know that others may not know about.

    Given the venue, they well may win. Fairly liberal venue and first round of judge is going to favor “the little guy” (again, if you lost millions - you ain’t so little in my mind). But get to even the state Supreme Court or federal courts - it’s a tough case.
    The Resource Conservation Recovery Act (RCRA) was passed in 1976. Generators were required to test their waste if they didn't know what was in it, and to determine it's hazardous nature if any. If it applied to them at that time, or at least before they applied the sludge, they were in violation of federal law, which means that by definition the sludge was hazardous. If you pay an unsuspecting individual to take your sludge, you are in effect disposing of it illegally. I'll bet my money on the farmer winning the law suit.
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