State inspector claims latest wastewater in creek from dairy;
owner blames nearby row crops
Gilroy – A state water inspector says Furtado Dairy Farm caused the recent wastewater spill in a creek east of Gilroy, but the owner of the dairy continues to blame nearby row croppers for the recurring problem.
“In my opinion, the wastewater in the creek was from the dairy,” said Mike Higgins, a water engineer with the Central Coast Water Quality Control Board. “It was a rich brown color. It was very turbid and opaque. It seemed to be full of solids that didn’t settle out. It’s unusual to see water like that.”
Higgins spent several hours last week inspecting the 80-acre property off Ferguson Avenue, where Manuel Furtado tends to 650 cows. Higgins arrived at his conclusion based on similarities between polluted water found earlier this month in Jones Creek, which flows south into Llagas Creek, and wastewater at the adjacent dairy.
The problem lies in Furtado’s failure to properly operate his business, Higgins said.
As part of the dairy’s life cycle, thousands of gallons of water used to flush manure out of dairy stalls are channeled into a holding pond on the west side of the farm. Furtado is supposed to use a sprinkler system to disperse that waste across dozens of acres, so the soil can naturally process wastes that can harm fish and contaminate groundwater.
Higgins, who also reviewed Furtado’s waste disposal practices, said “the over-application of wastewater” caused the latest spill.
Furtado already faces criminal charges for allegedly discharging water in excess of his permit and dumping 240,000 gallons of water polluted with waste last year. The charges came last June, a few weeks after water district officials received a tip that water containing cow manure and other farm waste had been dumped into the creek.
Ken Rosenblatt, the Santa Clara County district attorney in charge of the case, expected the court hearing scheduled for today to be continued. He declined to comment on the latest spill.
Furtado has denied responsibility for the latest discharge and his lawyer, Craig Van Keulen, has suggested that his client also did not cause the 240,000 gallon spill last year, despite the fact that Furtado admitted responsibility at the time.
Van Keulen blames both spills on irrigation run-off from farms to the north and west.
“It’s water that is coming from a flooding of row crops,” he said. “It has been moving across my client’s property, where he has put this water from his (wastewater) ponds. This water that’s coming across is picking up these chemical characteristics. It would be like if you ran clean water across an oil stain on your driveway. It’s going to pick up oil.”
He did not provide the names of the adjacent farmers, who could not be reached by press time.
Higgins remained skeptical about the possibility that nearby farms are the source of the problem. And even if they contribute to the situation, he said Furtado remains on the hook for prevention.
“Once that water comes on to his property, he owns it,” Higgins said. “He needs to make sure that water doesn’t come on to his property by routing it around the areas that are getting polluted. … That is no excuse, saying ‘It’s from the other guy.’ ”
For the moment, the water agency will not slap the dairy with hundreds of thousands of dollars in fines. Instead, Higgins is working with Furtado to craft detailed instructions on proper wastewater disposal methods.
“I am not inclined to make this an enforcement issue at this time,” Higgins said. “I emphasized to both Mr. Furtado and his engineer that a specific, concrete plan needs to be developed so he knows exactly what he needs to do on any day of the week. … We want him to stay in business, but he has to do it in such a way that protects the water quality of the state.”
