Southern District of New York

Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, the Regional Administrator for Region 2 of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States entered into a Consent Decree settling a civil lawsuit against MARK FORD, MARK FORD STABLES, INC., MARK FORD STAGE ROAD PROPERTY, INC., and FORD EQUINE, LTD. (collectively, the “defendants”), for violations of the federal Clean Water Act (“CWA”) in connection with the defendants’ construction and operation of a horse racing training facility on two adjacent properties in the Town of Wallkill in Orange County.

U.S. Attorney Damian Williams said: “This consent decree puts the defendants down a path to reversing the harm they caused to the environment by filling wetlands on their properties and failing to prevent pollutants from entering public waters. It should serve as a reminder that those who pollute will be held accountable for their actions.”

EPA Regional Administrator Lisa F. Garcia said: “The Defendants in this case irresponsibly polluted and filled in wetlands without authorization or permits, improperly managed waste from their horses, and failed to comply with requirements in the stormwater construction general construction permit that they did hold. The Clean Water Act requires the protection of wetlands precisely because they support healthy ecosystems, provide flood and erosion control, and provide other valuable benefits. EPA will vigorously pursue its enforcement goals to restore illegally filled waters and wetlands and deter future violations.”

The Consent Decree, which is subject to public comment and approval by the Court, will resolve a lawsuit filed in White Plains federal court in 2019. The complaint alleged that from 2007 to 2016, the defendants destroyed existing federal wetlands and rerouted streams in the course of building a horse racing training center at 90 Slaughter Road (“Slaughter Road site”) and 482/484 Stony Ford Road (“Ford Equine Site”) in violation of the CWA. The lawsuit also alleged that the defendants have operated a concentrated animal feeding operation without a permit, allowing horse wash water and process wastewater to be discharged into waters of the United States. The lawsuit further alleges that defendants violated the terms of a stormwater construction general permit during construction work at the Slaughter Road Site from February 2016 to February 2017.

In the Consent Decree, the defendants admit, acknowledge, and accept responsibility for the following:

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In addition to the payment of a $200,000 civil penalty, the Consent Decree requires the defendants to create or restore approximately 18 acres of wetlands on their property, to restore two streams to their pre-fill configurations, to take additional measures to ensure the long-term success of the defendants’ restoration work, and to come into compliance with federal CAFO regulations.

Notice of the proposed Consent Decree will be published in the Federal Register and the public will have the opportunity to submit comments on the Consent Decree for a period of at least 30 days before it is submitted for the Court’s approval.

Mr. Williams thanked the attorneys and enforcement staff at EPA Region 2 for their critical work on this matter.

This case is being handled by the Environmental Protection Unit of the Office’s Civil Division. Assistant U.S. Attorneys Zachary Bannon and Tomoko Onozawa are in charge of the case.

Nicholas Biase(212) 637-2600