An Orange County horse trainer has agreed to take responsibility for wetlands that were destroyed when he built a training facility in Wallkill.
Mark Ford signed a consent decree on Aug.17 admitting violations of the federal Clean Water Act from 2007 to 2016 and agreeing to pay a $200,000 penalty, restore the wetlands and prevent contaminants from getting into streams on his property.
Ford operates the Mark Ford Stables, a preeminent horse training facility that supplies standardbred horses for races at The Meadowlands, Mohegan Sun, Yonkers Raceway and other harness race tracks.
In 2007 he begin building a modern training facility on an 76-acre property along Slaughter Road and Stoney Ford Road.
In 2019, former U.S. Attorney Geoffrey S. Berman sued Ford and his businesses on behalf of the U.S. Environmental Protection Agency, alleging that they destroyed nearly 20 acres of wetlands.
Earth moving equipment was used to straighten or reroute 2,670 feet of Crystal Run Creek and an unnamed stream, for example, without obtaining a permit from the U.S. Army Corps of Engineers.
Manure, and dirty water from horse cleaning stalls and a horse swimming pool, were discharged into streams, according to the complaint. Animal feeding operation discharged pollutants into the waters. Stockpiles of soil and mulch had no erosion or sediment controls to stop turbid stormwater from flowing into ditches.
In his answer to the complaint in 2020, Ford admitted to altering streams. But he said that Hurricanes Lee and Irene had caused massive flooding and damages, and he had deepened the streams to control flooding.
He said the manure was actually 95% sawdust bedding and 5% manure, and was kept stored under cover until removed from the property. He said the horse washwater was discharged into a ditch behind the barns and not into any streams.
As to the Army Corps of Engineers permit, he thought his contractor, A. Servidore Inc., had obtained it.
In settling the dispute, Ford essentially concedes the allegations. He also agreed to hire an EPA-approved wetlands professional to prepare a mitigation plan, and to complete the work within five years.
Meanwhile, he must take immediate measures to stop discharges of wastewater from the manure barns, swimming pool and horse washing stalls.
He must file quarterly reports about actions taken and non-compliance with the consent decree, and he must allow government representatives to monitor the progress.
Violations of the decree can cost from $250 to $750 a day, based on the number of days of noncompliance.
The consent decree will be published in the Federal Register and the public will be allowed to comment on the deal for 30 days. Then it will be submitted to U.S. District Court in White Plains for approval by U.S. Magistrate Judge Andrew E. Krause.
Ford was represented by White Plains attorney Jonathan A. Murphy. U.S. Attorney Damian Williams was represented by assistant prosecutors Zachary G. Bannon and Tomoko Onozawa.
The EPA was represented by Benjamin Bahk, Kara E. Murphy, Paul Simon and Kristin Terry.
