HORSEPLOP.COM
General Category => Harness Racing => Topic started by: firhill on May 27, 2025, 11:06:23 PM
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Ford told CBC News he's been a client of Gillis for many years, and he was "very upset and disappointed" to learn about his alleged activities.
"There's no explaining any of the actions. I knew nothing about it," Ford said from his training facility in upstate New York on Tuesday.
Ford said Tuesday that most people in the harness-racing community knew of the investigation into Fishman's dealings, but said he learned of Gillis's alleged involvement only when AGCO announced this week that it was issuing its suspension.
"It's just sickening, and it's even more sickening when it hits this close to home," Ford said.
https://www.cbc.ca/news/canada/prince-edward-island/pei-covered-bridge-owner-mark-ford-jeff-gillis-suspension-1.7545214
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OMG..SCM gonna have a field day with this one!
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He claims to not know anything about World Of Secrets at his farm, or the horses who took bullets to the head and were buried there, all on film.
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Nobody is stupid enough to buy that shit or be willing to back him. [Gaagoots excluded]
Here's hoping he goes down hard and soon. Keep the heat on GCM. tmbz1
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Yeah,,His name all over Fishmans books must be a mistake!
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https://www.youtube.com/shorts/bPv8MCyyUbw
Is there a resemblance?
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https://www.youtube.com/shorts/bPv8MCyyUbw
Is there a resemblance?
A little too thin to be Ford, but ngc3 ngc3
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https://www.youtube.com/shorts/bPv8MCyyUbw
Is there a resemblance?
ngc3 ngc3 ngc3 ngc3
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Must have been a terrible shock to discover that the trainer you gave horses to because he has a sharp eye for hobble hanging, is using drugs. Unprecedented...
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Ford told CBC News he's been a client of Gillis for many years, and he was "very upset and disappointed" to learn about his alleged activities.
"There's no explaining any of the actions. I knew nothing about it," Ford said from his training facility in upstate New York on Tuesday.
Ford said Tuesday that most people in the harness-racing community knew of the investigation into Fishman's dealings, but said he learned of Gillis's alleged involvement only when AGCO announced this week that it was issuing its suspension.
"It's just sickening, and it's even more sickening when it hits this close to home," Ford said.
https://www.cbc.ca/news/canada/prince-edward-island/pei-covered-bridge-owner-mark-ford-jeff-gillis-suspension-1.7545214
'I knew nothing". How laughable is that quote?
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Someone said a former Ford assistant trainer is a very recently retired AGCO judge, is this factual and coincidence or more to it?
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lol yeah ok ford didn’t know anything give me a break
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Remember, Gillis had his garbage from Equestology delivered to a house here in Orange County. He didn't live here. 🤔
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Fatass Mark can’t possibly believe anyone is buying this. He needs to be pushed out now! NJ horsemen need to light up the phones of the NJRC!
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Remember, Gillis had his garbage from Equestology delivered to a house here in Orange County. He didn't live here. 🤔
who lives at the house?
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Didn't know.....interest ing. Remember what the munchkins told Dorothy? Start at the beginning of the yellow brick road. Here's the first brick.
(https://iili.io/3pa6fRV.md.png) (https://freeimage.host/i/3pa6fRV)
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Fatass Mark can’t possibly believe anyone is buying this. He needs to be pushed out now! NJ horsemen need to light up the phones of the NJRC!
The NJ horseman will do nothing but re-elect him , same with USTA.
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The NJ horseman will do nothing but re-elect him , same with USTA.
At the rate they're bugging out of NJ the vote will be 6-0 ngc3
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'I knew nothing". How laughable is that quote?
https://www.youtube.com/watch?v=t9r2nzovX6E
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Well....sure about this Mr. Ford? July 19, 2023 at an NJRC meeting both the NJRC and SBOANJ "ask Al Ochsner who was in attendance" were witness to the existence of what I say in this video. Mr. Ford was also made aware of my video ALONG with the mention of Mr. Gillis' phone number as the one in the transcripts. If anyone pays attention 7577 has been a running joke with Mr. Ford. Now do you all understand? I'll be speaking with the journalist who interviewed Mark today. This is all new to him. tmbz1
https://youtu.be/S_7CmyFnAsc
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Mark Ford has made great contributions to standardbred racing....
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Mark Ford has made great contributions to standardbred racing....
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It's all in the audio too. BONUS: Canada is NOT HAPPY. Remember what happened last week? RUT ROH!!!!
https://youtu.be/6RLHBwGkUxU
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Mark Ford has made great contributions to standardbred racing....
your replies are sad and embarrassing 73cv.2
please stop
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your replies are sad and embarrassing 73cv.2
please stop
No, I'll give my opinion. If ya wanna tell people what you want them to say then GET YOUR OWN BLOG!@
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your replies are sad and embarrassing 73cv.2
please stop
Agree. Every thread.
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Don't you live in Orange County, Mike? All he said is it will go to a house and someone will put it in the refrigerator for him. I guess we can remove you from the suspect receiver. If he said it will go to a flop house... Now there would be your smoking gun.
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Don't you live in Orange County, Mike? All he said is it will go to a house and someone will put it in the refrigerator for him. I guess we can remove you from the suspect receiver. If he said it will go to a flop house... Now there would be your smoking gun.
And who said there isn't more evidence? Think I'm given the lot? I post just enough.
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Mike , I applaud you in many of your efforts. But please save the bullshit for someone else.
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Ford told CBC News he's been a client of Gillis for many years, and he was "very upset and disappointed" to learn about his alleged activities.
"There's no explaining any of the actions. I knew nothing about it," Ford said from his training facility in upstate New York on Tuesday.
Ford said Tuesday that most people in the harness-racing community knew of the investigation into Fishman's dealings, but said he learned of Gillis's alleged involvement only when AGCO announced this week that it was issuing its suspension.
"It's just sickening, and it's even more sickening when it hits this close to home," Ford said.
https://www.cbc.ca/news/canada/prince-edward-island/pei-covered-bridge-owner-mark-ford-jeff-gillis-suspension-1.7545214
Hi Mike yet another alias/ username of yours, you're pathetic.
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Goots. How come you're not answering my question about Gillis does not train for Ford?
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Goots. How come you're not answering my question about Gillis does not train for Ford?
Mark's busy...licking men's assholes..he'll be finished in a moment 11.a, at which time he will very happily answer your question
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https://www.youtube.com/watch?v=t9r2nzovX6E
remember Mark," It's not a lie, if you believe it"
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Mark Ford ,you are the biggest pos liar on the planet.The drugs were delivered to your house and you are the head of NJSOA, When Jeff Gural banned Gillis awhile ago are you saying you knew nothing about it. Fucking fat lying fuck you knew. Get the fuck outta here you lying pos. And you Gagoots whom ever you are can only be a cheater or a moron who can’t take the truth.
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Mark Ford ,you are the biggest pos liar on the planet.The drugs were delivered to your house and you are the head of NJSOA, When Jeff Gural banned Gillis awhile ago are you saying you knew nothing about it. Fucking fat lying fuck you knew. Get the fuck outta here you lying pos
Robert 100% correct, Robert knows racing
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You know what "SICKENED" me?
This is Frank
I'm not here to prove myself, jerkoff. You know damn well its me and stealing our mother's COVID check was the biggest scumbag maneuver you ever pulled. Hard to believe that you think anyone on this site is on your side except the many troll accounts that you run, as you answer yourself all night like a whacked out fucked up demented asshole.
And I am speaking for the Petrelli family basically everyone with the last name Petrelli except for Mike!!
We don’t involve ourselves in any of Michael’s actions nor do we agree with the path he has taken.
You can say a lot about me but one thing no one can say is that I was a rat.
So speaking for our family is we ask to please leave us out of any retaliation against Mike.
And we respectfully ask to please leave our mother out of your comments against Mike.
My mother would not have agreed with any of his actions or the path he has taken.
I don’t need to leave my number because anyone who matters has it.
Thank you and then you have a MUTT like our brother spewing his fucked up shit on a public forum all day and night because he can't get a fucking life. He's the rat of the family and the issues he has caused amongst OUR FAMILY is unfathomable. He can change his name to my name on here and try to divert the attention to some fucked up ''question - answer session'' but the truth remains- he's a fucking rat Mutt and will never be a ''PETRELLI''.
09:50:46 AM by The REAL Frank Petrelli »
Now I know, for a fact that you're my Mutt brother, ''Swank'' because even growing up, no one ever stuck up for that piece of SHIT, rat bastard. As a matter of fact, he got the shit kicked out of him every day, because of his big fucking whiny mouth. Take your fucking troll account, Mutt and shove it up your dirty asshole. This is fucking Frank and you know it!
I'm in the hard rock in Florida right now- any one is welcome to come talk to my face since my MUTT brother (aka Swanktoliver) is scared shitless to show his face. As for you harness racer, keep licking my brother's balls, you'll see how ''far'' that gets you.
I'm not here to prove myself, jerkoff. You know damn well its me and stealing our mother's COVID check was the biggest scumbag maneuver you ever pulled. Hard to believe that you think anyone on this site is on your side except the many troll accounts that you run, as you answer yourself all night like a whacked out fucked up demented asshole.
Thank you and then you have a MUTT like our brother spewing his fucked up shit on a public forum all day and night because he can't get a fucking life. He's the rat of the family and the issues he has caused amongst OUR FAMILY is unfathomable. He can change his name to my name on here and try to divert the attention to some fucked up ''question - answer session'' but the truth remains- he's a fucking rat Mutt and will never be a ''PETRELLI''.
09:50:46 AM by The REAL Frank Petrelli »
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One video. Poof. BTW how's Larry doing. And where's the press release? ngc3
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One video. Poof. BTW how's Larry doing. And where's the press release? ngc3
How's that for a press release
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How's that for a press release
Troll posts from how long ago? ngc3
My YouTube channel got 23k views in the last ten days. ngc3
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Your vote MATTERS! ngc3
https://www.facebook.com/share/1FZDsWauf1/
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I'm in the hard rock in Florida right now- any one is welcome to come talk to my face since my MUTT brother (aka Swanktoliver) is scared shitless to show his face. As for you harness racer, keep licking my brother's balls, you'll see how ''far'' that gets you.
I will be sure to let my husband know when he gets home from work he's been gay ALL these years...
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Hi Mike yet another alias/ username of yours, you're pathetic.
How mamy aliases does Petrelli have?? ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
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(https://iili.io/3yY1jV4.md.jpg) (https://freeimage.host/i/3yY1jV4)
image upload site (https://freeimage.host/)
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(https://iili.io/3yY1jV4.md.jpg) (https://freeimage.host/i/3yY1jV4)
image upload site (https://freeimage.host/)
An Italian RAT~ ngc3 ngc3 ngc3 ngc3
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Better than a horse abuser and thief. Just sayin
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I'll take that compliment all day. tmbz1
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Desperate??? ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
(https://iili.io/FHMYr9j.png) (https://freeimage.host/)
temporary image upload (https://freeimage.host/)
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Why hasn’t Ford resigned or been banded ?
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Why hasn’t Ford resigned or been banded ?
See that friend request. That was the night he grabbed my phone. Mark is brave from a distance. I'm sure he's leaning on everyone who might go against him. Won't last much longer.
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Why hasn’t Ford resigned or been banded ?
I hope that fat fuck is gone soon!
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Mark's a HOF trainer. Didnt he train Gallo Blue Chip?
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Just because he trained Gallo Blue Chip doesn't make him a HOF trainer. If that's the case, then Daniel Dube is a HOF driver by your logic since he drove him.
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Just because he trained Gallo Blue Chip doesn't make him a HOF trainer. If that's the case, then Daniel Dube is a HOF driver by your logic since he drove him.
Great horses make bad horsemen look good. Bad horsemen can make good horses look bad. Running joke is give 50k to Ford and he will give you a killer 20! ngc3 ngc3 ngc3 ngc3 ngc3
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His career winning percentage as a trainer is probably under 10%
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Didn't he have UF Rockin Dragon? I'm almost positive it was him Bartlett bought him from. Ross Cohen was sneaking on the farm to inject him "yes I saw it with my own eyes, I went with Jason" would make bloody mess and the horse was unbeatable. Until he was toasted. Blackler was trainer and mortified that fuck was in his barn. All because Cohen "was cheaper". ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
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6 or 7 years ago or maybe longer he bought a horse the week before the finals of the Levy series for some serious money and drew post 8 in the finals and was a non-factor. He ended up losing his ass on the horse.
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6 or 7 years ago or maybe longer he bought a horse the week before the finals of the Levy series for some serious money and drew post 8 in the finals and was a non-factor. He ended up losing his ass on the horse.
It's never his money anyway.
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As I recall he was listed as sole owner of the horse, but that doesn't mean it was his horse or his money, probably was just a beard.
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Just because he trained Gallo Blue Chip doesn't make him a HOF trainer. If that's the case, then Daniel Dube is a HOF driver by your logic since he drove him.
I didnt say that alone made him a HOFer but it certainly contributes to the honor.
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Maybe the horse was so good it won in spite of him.
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As I recall he was listed as sole owner of the horse, but that doesn't mean it was his horse or his money, probably was just a beard.
Even if it was a beard, Mark didn't know. Same as he didn't know Gillis was buying BB3 from Fishman or the wiretap transcripts that he was made aware of in December of 2023. ngc3
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Ford is the youngest trainer in history to reach milestones of $10 million, $20 million, $30 million, $40 million, $50 million and $60 million in career earnings. He is also the only trainer to have won a pair of million-dollar races before his 30th birthday.
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Maybe the horse was so good it won in spite of him.
If you knew anything about harness racing you wouldn't question Mark Ford's great horsemanship....
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Mark Ford is my hero. Anyone know where I can get a Mark Ford Bobblehead?
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Pacer2: if you knew anything about people, you wouldn't be defending him. 11.wp
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I've forgotten more than you'll ever know about harness racing, and I could care less about his old stats. These days he's a below average trainer and has been for years. In your mind everyone is great.
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Mark Ford is my hero. Anyone know where I can get a Mark Ford Bobblehead?
Pacer 2 can hook you up with one and probably has a blow-up doll too.
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Pacer 2 can hook you up with one and probably has a blow-up doll too.
Even better...make it a two holer so Lance and I can DP it.
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I do not know him personally but all things I have heard about him, even outside of this recent dustup, leads me to believe he gives absolutely zero fucks about horse welfare. I don't care if he is/was a good trainer on paper; if you believe half what your hear about him he should be out. There is no place for people like that in a sport under immense scrutiny already.
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I've forgotten more than you'll ever know about harness racing, and I could care less about his old stats. These days he's a below average trainer and has been for years. In your mind everyone is great.
If you knew anything about harness racing you wouldn't question Mark Ford's great horsemanship....
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I've forgotten more than you'll ever know about harness racing, and I could care less about his old stats. These days he's a below average trainer and has been for years. In your mind everyone is great.
ALL LIES!!! ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
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Maybe the horse was so good it won in spite of him.
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question for the group
mark ford is currently training horses i believe
so why was gillis down on trainer of horses ford owned
those horses he bought back last week are all stabled at his training center yet gillis who lives in ontario was down as trainer
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question for the group
mark ford is currently training horses i believe
so why was gillis down on trainer of horses ford owned
those horses he bought back last week are all stabled at his training center yet gillis who lives in ontario was down as trainer
I'm sure he planned to throw him under the bus when needed. He has others training some for him, Chindano for one. So why do people pay to put him down as trainer when he has others down on his own? Seems shady.
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If you knew anything about harness racing you wouldn't question Mark Ford's great horsemanship....
What someone achieved decades ago doesn't mean anything to me, but in recent years he's winning at under 10%.
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ALL LIES!!! ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
As usual, you're WRONG!!
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As usual, you're WRONG!!
If you knew anything about harness racing you wouldn't question Mark Ford's great horsemanship....
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Anyone can question anything they choose, just because you think he's a good trainer isn't exactly a rousing endorsement. Once in a while you need to put down your pom-poms, buy a calendar and realize it's 2025, not 2000.
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Horsemanship and stats are completely different.
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A horseman puts the horse first. A trainer puts money first.
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I was playing golf with the late Ed Mullinax the topic came up, what trainers make money and where should I send good horses? Without any hesitation by far Ed said the best honest trainer I ever delt with in the horse business is Mark Ford far and away.
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I was playing golf with the late Ed Mullinax the topic came up, what trainers make money and where should I send good horses? Without any hesitation by far Ed said the best honest trainer I ever delt with in the horse business is Mark Ford far and away.
Oh, the same guy who had horses with Jeff Gillis on his own farm. But, he didn't know. ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
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I was playing golf with the late Ed Mullinax the topic came up, what trainers make money and where should I send good horses? Without any hesitation by far Ed said the best honest trainer I ever delt with in the horse business is Mark Ford far and away.
Should we dig him up and ask again
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Don’t you get tired of talking to yourself Mike I mean Yonkers1a? You’ve got about 20 screen names you sit here all day talking to yourself like a real fucking idiot!
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Don’t you get tired of talking to yourself Mike I mean Yonkers1a? You’ve got about 20 screen names you sit here all day talking to yourself like a real fucking idiot!
Press release?? BTW, 30000 views in last three weeks on YouTube. Nobody's paying attention. Group page just broke 5300 followers. tmbz1
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Oh, the same guy who had horses with Jeff Gillis on his own farm. But, he didn't know. ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
And what do you own? The man is worth millions and you’re irrelevant explain that!
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People mentioned in federal evidence, testimony, wiretaps, transcripts....al l of whom we have EVERY invoice with Equestology.
Travis Alexander
Nick Devita
Peter Simpson
Mark Ford
Jeff Gillis
Tyler Buter
Todd Buter
"Rob"
Josh Marks
Ross Cohen "was doing vet work there"
All have what in common? Mark Ford Training Center..... ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
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And what do you own? The man is worth millions and you’re irrelevant explain that!
EXACTLY!! ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
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And what do you own? The man is worth millions and you’re irrelevant explain that!
Did you say owned by Dinozzi??? ngc3 ngc3 I'm so irrelevant his trainer has a ten year suspension and he listed horses for sale he had to buy back! And had to pay to have an article written claiming he "didn't know". ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
(https://iili.io/FJk9sus.jpg) (https://freeimage.host/)
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So why don’t you tell us how successful you are as opposed to Mark Ford? Mark has millions in assets what do you have? Answer: Food stamps and a welfare check.
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So why don’t you tell us how successful you are as opposed to Mark Ford? Mark has millions in assets what do you have? Answer: Food stamps and a welfare check.
tmbz1ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
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So why don’t you tell us how successful you are as opposed to Mark Ford? Mark has millions in assets what do you have? Answer: Food stamps and a welfare check.
Prove it. And I'm not the one scared of ME!! ngc3
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Prove it. And I'm not the one scared of ME!! ngc3
Tell us what you have accomplished in assets compared to Mark’s? You’re the one that talks bull shit about a nonstop.
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Tell us what you have accomplished in assets compared to Mark’s? You’re the one that talks bull shit about a nonstop.
Ask that question of everyone, what makes you think I want to be anything even remotely like Mark Ford? I know I had to change the locks in his house! You're questions and comparisons mean nothing considering the man is under a microscope right now and constantly in trouble. If he skates it's not because he's innocent. You think anyone wants to live like him? Picking up dinner for himself AGAIN the day I saw him because nobody at home wants to be near him?? Everything he has is the result of someone else. Mark is a good businessman, until he does something like get busted by the EPA! ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 Go on his wifes Facebook page and count all the pictures of him in it. Nobody other than you feels the need to kiss his ass. He's nothing to me. Others HAVE to deal with him, doesn't mean they like or respect him. They don't.
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"There's no explaining any of the actions. I knew nothing about it,"
"I was dumbfounded and it puts me in a very embarrassing situation…. It's nauseating, it really is."
"It's just sickening, and it's even more sickening when it hits this close to home,"
"I would be very confident that, no, there was no monkey business going on."
So this successful businessman and elite horseman had NO FUCKING CLUE this was happening all these years on his farm? 350lb Joe Biden? ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
Travis Alexander
Nick Devita
Peter Simpson
Mark Ford
Jeff Gillis
Tyler Buter
Todd Buter
"Rob"
Josh Marks
Ross Cohen "was doing vet work there"
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"There's no explaining any of the actions. I knew nothing about it,"
"I was dumbfounded and it puts me in a very embarrassing situation…. It's nauseating, it really is."
"It's just sickening, and it's even more sickening when it hits this close to home,"
"I would be very confident that, no, there was no monkey business going on."
So this successful businessman and elite horseman had NO FUCKING CLUE this was happening all these years on his farm? 350lb Joe Biden? ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
Travis Alexander
Nick Devita
Peter Simpson
Mark Ford
Jeff Gillis
Tyler Buter
Todd Buter
"Rob"
Josh Marks
Ross Cohen "was doing vet work there"
Nobody believes you’re bullshit! By the way I was just messaged about your Chrystal Meth addiction! That explains everything! True or false have you ever been arrested for meth?
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"There's no explaining any of the actions. I knew nothing about it,"
"I was dumbfounded and it puts me in a very embarrassing situation…. It's nauseating, it really is."
"It's just sickening, and it's even more sickening when it hits this close to home,"
"I would be very confident that, no, there was no monkey business going on."
So this successful businessman and elite horseman had NO FUCKING CLUE this was happening all these years on his farm? 350lb Joe Biden? ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
Travis Alexander
Nick Devita
Peter Simpson
Mark Ford
Jeff Gillis
Tyler Buter
Todd Buter
"Rob"
Josh Marks
Ross Cohen "was doing vet work there"
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Violations
The consent decree resolves violations of CWA § 301 at the two sites for discharge of fill material and process wastewater into waters of the U.S. without the appropriate CWA §§ 402 and 404 permits, and violations of terms and conditions of a construction stormwater permit issued under § 402. Specifically, the violations alleged for both sites include: (1) the discharge of fill material into approximately 26 acres of wetlands,1,900 linear feet of Crystal Run Creek, a perennial tributary of the Wallkill River, and 900 linear feet of an unnamed tributary of the Walkill River, without a § 404 permit; and (2) discharges of pollutants from a concentrated animal feeding operation (CAFO) to Crystal Run Creek without a § 402 permit. At the Slaughter Road Site only, there were violations of a State Pollutant Discharge Elimination System (SPDES) construction general permit (CGP).
STILL NOT REMEDIED.
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The consent decree requires Defendants to comply with all applicable requirements of the CWA, and all associated permits. In particular, the following is required:
Wetlands: Defendants must hire a Qualified Wetlands Professional (QWP) to prepare a comprehensive mitigation plan. The plan will require Defendants to restore and/or create approximately 18 acres of wetlands between both sites; restore approximately 1,460 linear feet of Crystal Run Creek to its approximate original alignment at the Slaughter Road Site; and restore approximately 900 linear feet of the unnamed tributary to the Wallkill River at the Ford Equine Site. The decree also requires long-term protection of the stream and wetland restoration and creation areas in the form of a deed restriction or other instrument.
CAFO: Defendants will cease unauthorized CAFO discharges and comply with applicable federal and state CAFO regulations, including hiring a certified planner to develop a nutrient management plan and develop appropriate best management practices. Defendants must also apply for applicable permit coverage.
Construction Stormwater: The CGP was terminated in 2018, so there is no injunctive relief associated with the construction stormwater violations. If Defendants do intend to perform any construction activities, they must comply with all applicable laws and permits.
Pollutant Impacts
-
"There's no explaining any of the actions. I knew nothing about it,"
"I was dumbfounded and it puts me in a very embarrassing situation…. It's nauseating, it really is."
"It's just sickening, and it's even more sickening when it hits this close to home,"
"I would be very confident that, no, there was no monkey business going on."
So this successful businessman and elite horseman had NO FUCKING CLUE this was happening all these years on his farm? 350lb Joe Biden? ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
Travis Alexander
Nick Devita
Peter Simpson
Mark Ford
Jeff Gillis
Tyler Buter
Todd Buter
"Rob"
Josh Marks
Ross Cohen "was doing vet work there"
I always thought it was a conflict of interest for Mark Ford being President of the SBOANJ and having a training center in New York.
-
blah blah blah. Just don’t plan on going to the Steve Jones charity chicken dinner at Goshen. Security already has your picture so if you attend, you’ll have your ass thrown out.
-
Because it is. Doesn't matter, he's done such a great job with NJ there won't be any racing there soon.
-
"There's no explaining any of the actions. I knew nothing about it,"
"I was dumbfounded and it puts me in a very embarrassing situation…. It's nauseating, it really is."
"It's just sickening, and it's even more sickening when it hits this close to home,"
"I would be very confident that, no, there was no monkey business going on."
So this successful businessman and elite horseman had NO FUCKING CLUE this was happening all these years on his farm? 350lb Joe Biden? ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
Travis Alexander
Nick Devita
Peter Simpson
Mark Ford
Jeff Gillis
Tyler Buter
Todd Buter
"Rob"
Josh Marks
Ross Cohen "was doing vet work there"
Defendants Mark Ford, Mark Ford Stables, Inc., Mark Ford Stage Road Property, Inc., and Ford Equine, Ltd. (collectively, “Defendants”) own and operate two sites for horse boarding and horse training in Wallkill, NY: the Slaughter Road Site and the Ford Equine Site.
Violations
The consent decree resolves violations of CWA § 301 at the two sites for discharge of fill material and process wastewater into waters of the U.S. without the appropriate CWA §§ 402 and 404 permits, and violations of terms and conditions of a construction stormwater permit issued under § 402. Specifically, the violations alleged for both sites include: (1) the discharge of fill material into approximately 26 acres of wetlands,1,900 linear feet of Crystal Run Creek, a perennial tributary of the Wallkill River, and 900 linear feet of an unnamed tributary of the Walkill River, without a § 404 permit; and (2) discharges of pollutants from a concentrated animal feeding operation (CAFO) to Crystal Run Creek without a § 402 permit. At the Slaughter Road Site only, there were violations of a State Pollutant Discharge Elimination System (SPDES) construction general permit (CGP).
Injunctive Relief
The consent decree requires Defendants to comply with all applicable requirements of the CWA, and all associated permits. In particular, the following is required:
Wetlands: Defendants must hire a Qualified Wetlands Professional (QWP) to prepare a comprehensive mitigation plan. The plan will require Defendants to restore and/or create approximately 18 acres of wetlands between both sites; restore approximately 1,460 linear feet of Crystal Run Creek to its approximate original alignment at the Slaughter Road Site; and restore approximately 900 linear feet of the unnamed tributary to the Wallkill River at the Ford Equine Site. The decree also requires long-term protection of the stream and wetland restoration and creation areas in the form of a deed restriction or other instrument.
CAFO: Defendants will cease unauthorized CAFO discharges and comply with applicable federal and state CAFO regulations, including hiring a certified planner to develop a nutrient management plan and develop appropriate best management practices. Defendants must also apply for applicable permit coverage.
Construction Stormwater: The CGP was terminated in 2018, so there is no injunctive relief associated with the construction stormwater violations. If Defendants do intend to perform any construction activities, they must comply with all applicable laws and permits.
Pollutant Impacts
The straightening of Crystal Run Creek and the filling of its wetlands destroyed important floodplain areas. These activities limited the wetland and floodplain areas’ abilities to provide wildlife habitat, filter pollutants, and store floodwaters.
Pollutants most commonly associated with animal waste include nutrients (nitrogen and phosphorus), pathogens (bacteria), organic matter, solids, and oxygen depleting substances, all of which contribute to water quality impairment in U.S. waterbodies. Other potential environmental and human health risks include transmission of disease-causing bacteria and parasites associated with food and waterborne diseases, fish advisories, and algal blooms.
Sediment-laden runoff from construction activities can result in increased turbidity and decreased oxygen in receiving waters, which in turn results in loss of in-stream habitat for fish and other aquatic species. Sediment can kill fish directly, destroy spawning beds, suffocate fish eggs and bottom dwelling organisms, and block sunlight resulting in reduced growth of beneficial aquatic grasses.
Health and Environmental Benefits
The restoration of Crystal Run Creek and its surrounding wetland areas will help to improve the water quality of Crystal Run Creek and the Wallkill River by filtering pollutants and potentially mitigate flooding downstream during storms. The restoration and creation of wetlands at both sites will also provide wildlife habitat.
It is also anticipated that the injunctive relief required in this proposed settlement will reduce the amount of pollutants entering the affected waters of the U.S., including nutrients (nitrogen and phosphorus), pathogens, organic matter, solids, and oxygen depleting substances.
Civil Penalty
Defendants will pay a penalty of $200,000 within 30 days of the Effective Date of the consent decree.
-
Because it is. Doesn't matter, he's done such a great job with NJ there won't be any racing there soon.
So that’s Mark’s fault? I don’t think you realize how stupid you really sound. So let’s get this straight there won’t be any racing in New Jersey because of Mark? You really need to get over your infatuation with Mark Ford.
-
GEOFFREY S. BERMAN
United States Attorney for the
Southern District of New York
By: TOMOKO ONOZAWA
Assistant United States Attorney
86 Chambers Street, 3rd Floor
New York, New York 10007
Telephone: (212) 637-2721
Facsimile: (212) 637-2686
E-mail: tomoko.onozawa@usdoj.gov
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------- x
UNITED STATES OF AMERICA,
Plaintiff,
-againstMARK FORD, MARK FORD STABLES, INC.,
MARK FORD STAGE ROAD PROPERTY, INC.,
and FORD EQUINE, LTD.,
Defendants.
:
:
:
:
:
:
:
:
:
:
:
COMPLAINT
19 Civ. 9600
----------------------------------------------------------------- x
1. The United States of America, by its attorney, Geoffrey S. Berman, United States
Attorney for the Southern District of New York, acting on behalf of the Administrator of the
United States Environmental Protection Agency (“EPA”), alleges for its complaint as follows:
NATURE OF THE ACTION
2. Defendants Mark Ford (“Ford”) and Mark Ford Stables, Inc., Mark Ford Stage
Road Property, Inc., and Ford Equine Ltd. (collectively, the “Ford Companies”) bulldozed over
two dozen acres of wetlands and rerouted streams while on notice that doing so was prohibited
by the Clean Water Act (the “CWA”), 33 U.S.C. §§ 1251 et seq. Ford and the Ford Companies
did this to build a dedicated horse racing training center with associated pastures on two
properties in Orange County, New York. As Ford has put it, “you like to have the [horse] track
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 1 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 1 of 24
2
the way you want it, you want a barn the way you want it and you want some pavement to drive
on.” To make things “the way [they] want[ed] it,” Ford and the Ford Companies illegally filled
waters of the United States. They also violated a CWA stormwater construction general permit.
3. Ford and the Ford Companies have repeatedly violated section 301(a) of the
CWA, 33 U.S.C. §§ 1311(a), by running a concentrated animal feeding operation without a
permit, allowing wastewater to contaminate waters of the United States. These violations—
which include piping manure-laden wastewater directly from wash bays/stalls and a horse
swimming pool to a nearby stream—continue to the present day.
4. The United States brings this civil action under Sections 309(b) and (d) of the
CWA, 33 U.S.C. §§ 1319(b), (d), to obtain injunctive relief compelling Ford and the Ford
Companies to remove the unauthorized fill material from waters of the United States, to restore
the watercourses, and to cease their unpermitted discharges, and for civil penalties.
JURISDICTION AND VENUE
5. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331, 1345,
and 1355, and Section 309(b) and (d) of the CWA, 33 U.S.C. § 1319(b) and (d).
6. Venue is proper in this District pursuant to Section 309(b) and (d) of the CWA,
33 U.S.C. §§ 1319(b) and (d) and 1395, because the events giving rise to the claims herein arose
in this District.
7. The United States has provided notice of the commencement of this action to the
State of New York pursuant to Section 309(b) of the CWA, 33 U.S.C. § 1319(b).
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 2 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 2 of 24
3
PARTIES
8. Plaintiff is the United States of America on behalf of EPA.
9. Defendant Mark Ford (“Ford”) is an individual who owns property and regularly
conducts business in Orange County, New York. Ford is the president and sole shareholder of,
and controls, the Ford Companies.
10. Defendant Mark Ford Stables, Inc., is a corporation organized under the laws of
the State of New York, with its principal executive offices located at 410 Jericho Turnpike,
Jericho, New York 11753.
11. Defendant Ford Equine, Ltd., is a corporation organized under the laws of the
State of New York, with its principal executive offices located at 125 Stony Ford Road,
Campbell Hall, New York 10916.
12. Defendant Mark Ford Stage Road Property, Inc., is a corporation organized under
the laws of the State of New York, with its principal executive offices located at 125 Stony Ford
Road, Campbell Hall, New York 10916.
13. Defendants Ford, Mark Ford Stables, Inc., Ford Equine, Ltd., and Mark Ford
Stage Road Property, Inc., are each “persons” within the meaning of Section 502(5) of the CWA,
33 U.S.C. § 1362(5).
STATUTORY AND REGULATORY BACKGROUND
I. The Wetlands Permitting Program Under CWA Section 404
14. The CWA was enacted “to restore and maintain the chemical, physical, and
biological integrity of the Nation’s waters.” 33 U.S.C. 1251(a).
15. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), furthers this goal by prohibiting
the “discharge of any pollutant by any person” to waters of the United States, “[e]xcept in
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 3 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 3 of 24
4
compliance with,” among other things, permits issued under Sections 402 and 404 of the CWA.
33 U.S.C. §§ 1342, 1344. The “discharge of a pollutant” includes “any addition of any pollutant
to navigable waters from any point source.” 33 U.S.C. § 1362(12).
16. Navigable waters are “the waters of the United States, including the territorial
seas.” 33 U.S.C. § 1362(7). In turn, “waters of the United States” has been defined to include,
inter alia, all waters which are currently used, were used in the past, or may be susceptible to use
in interstate or foreign commerce; tributaries to such waters; and wetlands adjacent to the
foregoing waters. See, e.g., 33 C.F.R. § 328.3(a) (1993); 40 C.F.R. §§ 122.2 (1993).
17. A “point source” is defined as “any discernible, confined and discrete
conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container . . . [or] concentrated animal feeding operation . . . from which pollutants may
be discharged.” 33 U.S.C. § 1362(14).
18. As defined by Section 502(6) of the CWA, a “pollutant” includes, among other
things, dredged spoil, solid waste, sewage, biological materials, rock, sand, cellar dirt, and
industrial, municipal, and agricultural waste discharged into water. 33 U.S.C. § 1362(6).
19. Wetlands are “those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.”
33 C.F.R. § 328.3(b) (1993).
20. Under the Clean Water Act, no person may discharge fill into wetlands that are
waters of the United States (also known as “jurisdictional wetlands”) without a permit—typically
issued by the United States Army Corps of Engineers (the “Corps of Engineers” or “Corps”)—
under Section 404(a) of the CWA, 33 U.S.C. § 1344(a). The Section 404 permitting program,
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 4 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 4 of 24
5
consistent with the purposes of the CWA, is intended to authorize the discharge of dredged or fill
material into wetlands only when, among other things, “it can be demonstrated that such a
discharge will not have an unacceptable adverse impact either individually or in combination
with known and/or probable impacts . . . .” 40 C.F.R. § 230.1.
II. The NPDES Permitting Program Under CWA Section 402
21. Similarly, the Clean Water Act prohibits any person from discharging pollutants
other than fill or dredged material to waters of the United States without a permit under Section
402 of the CWA, 33 U.S.C. § 1342(a). Section 402 authorizes EPA, under certain
circumstances, to issue a National Pollutant Discharge Elimination System (“NPDES”) permit
authorizing a person to discharge pollutants into waters of the United States. The CWA also
authorizes states to establish their own permitting programs. 33 U.S.C. § 1342(b). After a
state’s permitting program is approved by EPA, and subject to certain limitations, states may
issue their own NPDES permits pursuant to such a program.
22. New York State, through its Department of Environmental Conservation
(“NYSDEC”), administers such an approved permitting program, referred to as the State
Pollutant Discharge Elimination System (“SPDES”) permit program. Under Sections 309 and
402(i) of the CWA, the United States retains concurrent authority to enforce SPDES permit
violations. 33 U.S.C. §§ 1319, 1342(i).
A. Construction General Permits
23. Construction activity is one type of industrial activity for which associated
stormwater discharges require a permit under Section 402 of the CWA. Construction activity
includes “clearing, grading and excavation.” 40 C.F.R. § 122.26(b)(14)(x).
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 5 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 5 of 24
6
24. The CWA regulates stormwater discharges from construction activities because
when there is precipitation, stormwater or snowmelt can wash over or flow through loose soil on
a construction site and pick up pollutants that are then discharged to rivers, streams, lakes, or
coastal waters.
-
GEOFFREY S. BERMAN
United States Attorney for the
Southern District of New York
By: TOMOKO ONOZAWA
Assistant United States Attorney
86 Chambers Street, 3rd Floor
New York, New York 10007
Telephone: (212) 637-2721
Facsimile: (212) 637-2686
E-mail: tomoko.onozawa@usdoj.gov
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------- x
UNITED STATES OF AMERICA,
Plaintiff,
-againstMARK FORD, MARK FORD STABLES, INC.,
MARK FORD STAGE ROAD PROPERTY, INC.,
and FORD EQUINE, LTD.,
Defendants.
:
:
:
:
:
:
:
:
:
:
:
COMPLAINT
19 Civ. 9600
----------------------------------------------------------------- x
1. The United States of America, by its attorney, Geoffrey S. Berman, United States
Attorney for the Southern District of New York, acting on behalf of the Administrator of the
United States Environmental Protection Agency (“EPA”), alleges for its complaint as follows:
NATURE OF THE ACTION
2. Defendants Mark Ford (“Ford”) and Mark Ford Stables, Inc., Mark Ford Stage
Road Property, Inc., and Ford Equine Ltd. (collectively, the “Ford Companies”) bulldozed over
two dozen acres of wetlands and rerouted streams while on notice that doing so was prohibited
by the Clean Water Act (the “CWA”), 33 U.S.C. §§ 1251 et seq. Ford and the Ford Companies
did this to build a dedicated horse racing training center with associated pastures on two
properties in Orange County, New York. As Ford has put it, “you like to have the [horse] track
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 1 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 1 of 24
2
the way you want it, you want a barn the way you want it and you want some pavement to drive
on.” To make things “the way [they] want[ed] it,” Ford and the Ford Companies illegally filled
waters of the United States. They also violated a CWA stormwater construction general permit.
3. Ford and the Ford Companies have repeatedly violated section 301(a) of the
CWA, 33 U.S.C. §§ 1311(a), by running a concentrated animal feeding operation without a
permit, allowing wastewater to contaminate waters of the United States. These violations—
which include piping manure-laden wastewater directly from wash bays/stalls and a horse
swimming pool to a nearby stream—continue to the present day.
4. The United States brings this civil action under Sections 309(b) and (d) of the
CWA, 33 U.S.C. §§ 1319(b), (d), to obtain injunctive relief compelling Ford and the Ford
Companies to remove the unauthorized fill material from waters of the United States, to restore
the watercourses, and to cease their unpermitted discharges, and for civil penalties.
JURISDICTION AND VENUE
5. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331, 1345,
and 1355, and Section 309(b) and (d) of the CWA, 33 U.S.C. § 1319(b) and (d).
6. Venue is proper in this District pursuant to Section 309(b) and (d) of the CWA,
33 U.S.C. §§ 1319(b) and (d) and 1395, because the events giving rise to the claims herein arose
in this District.
7. The United States has provided notice of the commencement of this action to the
State of New York pursuant to Section 309(b) of the CWA, 33 U.S.C. § 1319(b).
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 2 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 2 of 24
3
PARTIES
8. Plaintiff is the United States of America on behalf of EPA.
9. Defendant Mark Ford (“Ford”) is an individual who owns property and regularly
conducts business in Orange County, New York. Ford is the president and sole shareholder of,
and controls, the Ford Companies.
10. Defendant Mark Ford Stables, Inc., is a corporation organized under the laws of
the State of New York, with its principal executive offices located at 410 Jericho Turnpike,
Jericho, New York 11753.
11. Defendant Ford Equine, Ltd., is a corporation organized under the laws of the
State of New York, with its principal executive offices located at 125 Stony Ford Road,
Campbell Hall, New York 10916.
12. Defendant Mark Ford Stage Road Property, Inc., is a corporation organized under
the laws of the State of New York, with its principal executive offices located at 125 Stony Ford
Road, Campbell Hall, New York 10916.
13. Defendants Ford, Mark Ford Stables, Inc., Ford Equine, Ltd., and Mark Ford
Stage Road Property, Inc., are each “persons” within the meaning of Section 502(5) of the CWA,
33 U.S.C. § 1362(5).
STATUTORY AND REGULATORY BACKGROUND
I. The Wetlands Permitting Program Under CWA Section 404
14. The CWA was enacted “to restore and maintain the chemical, physical, and
biological integrity of the Nation’s waters.” 33 U.S.C. 1251(a).
15. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), furthers this goal by prohibiting
the “discharge of any pollutant by any person” to waters of the United States, “[e]xcept in
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 3 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 3 of 24
4
compliance with,” among other things, permits issued under Sections 402 and 404 of the CWA.
33 U.S.C. §§ 1342, 1344. The “discharge of a pollutant” includes “any addition of any pollutant
to navigable waters from any point source.” 33 U.S.C. § 1362(12).
16. Navigable waters are “the waters of the United States, including the territorial
seas.” 33 U.S.C. § 1362(7). In turn, “waters of the United States” has been defined to include,
inter alia, all waters which are currently used, were used in the past, or may be susceptible to use
in interstate or foreign commerce; tributaries to such waters; and wetlands adjacent to the
foregoing waters. See, e.g., 33 C.F.R. § 328.3(a) (1993); 40 C.F.R. §§ 122.2 (1993).
17. A “point source” is defined as “any discernible, confined and discrete
conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container . . . [or] concentrated animal feeding operation . . . from which pollutants may
be discharged.” 33 U.S.C. § 1362(14).
18. As defined by Section 502(6) of the CWA, a “pollutant” includes, among other
things, dredged spoil, solid waste, sewage, biological materials, rock, sand, cellar dirt, and
industrial, municipal, and agricultural waste discharged into water. 33 U.S.C. § 1362(6).
19. Wetlands are “those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.”
33 C.F.R. § 328.3(b) (1993).
20. Under the Clean Water Act, no person may discharge fill into wetlands that are
waters of the United States (also known as “jurisdictional wetlands”) without a permit—typically
issued by the United States Army Corps of Engineers (the “Corps of Engineers” or “Corps”)—
under Section 404(a) of the CWA, 33 U.S.C. § 1344(a). The Section 404 permitting program,
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 4 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 4 of 24
5
consistent with the purposes of the CWA, is intended to authorize the discharge of dredged or fill
material into wetlands only when, among other things, “it can be demonstrated that such a
discharge will not have an unacceptable adverse impact either individually or in combination
with known and/or probable impacts . . . .” 40 C.F.R. § 230.1.
II. The NPDES Permitting Program Under CWA Section 402
21. Similarly, the Clean Water Act prohibits any person from discharging pollutants
other than fill or dredged material to waters of the United States without a permit under Section
402 of the CWA, 33 U.S.C. § 1342(a). Section 402 authorizes EPA, under certain
circumstances, to issue a National Pollutant Discharge Elimination System (“NPDES”) permit
authorizing a person to discharge pollutants into waters of the United States. The CWA also
authorizes states to establish their own permitting programs. 33 U.S.C. § 1342(b). After a
state’s permitting program is approved by EPA, and subject to certain limitations, states may
issue their own NPDES permits pursuant to such a program.
22. New York State, through its Department of Environmental Conservation
(“NYSDEC”), administers such an approved permitting program, referred to as the State
Pollutant Discharge Elimination System (“SPDES”) permit program. Under Sections 309 and
402(i) of the CWA, the United States retains concurrent authority to enforce SPDES permit
violations. 33 U.S.C. §§ 1319, 1342(i).
A. Construction General Permits
23. Construction activity is one type of industrial activity for which associated
stormwater discharges require a permit under Section 402 of the CWA. Construction activity
includes “clearing, grading and excavation.” 40 C.F.R. § 122.26(b)(14)(x).
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 5 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 5 of 24
6
24. The CWA regulates stormwater discharges from construction activities because
when there is precipitation, stormwater or snowmelt can wash over or flow through loose soil on
a construction site and pick up pollutants that are then discharged to rivers, streams, lakes, or
coastal waters.
This is exactly why people think you are a moron with an agenda against Mark. Mark was a successful horse trainer and did smart things with his money. Then bought a piece of property to turn into a top class training facility. Do you really think he did all the site work himself? No he hired a contractor and relied on them. It came back and bit him in the ass
-
GEOFFREY S. BERMAN
United States Attorney for the
Southern District of New York
By: TOMOKO ONOZAWA
Assistant United States Attorney
86 Chambers Street, 3rd Floor
New York, New York 10007
Telephone: (212) 637-2721
Facsimile: (212) 637-2686
E-mail: tomoko.onozawa@usdoj.gov
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------- x
UNITED STATES OF AMERICA,
Plaintiff,
-againstMARK FORD, MARK FORD STABLES, INC.,
MARK FORD STAGE ROAD PROPERTY, INC.,
and FORD EQUINE, LTD.,
Defendants.
:
:
:
:
:
:
:
:
:
:
:
COMPLAINT
19 Civ. 9600
----------------------------------------------------------------- x
1. The United States of America, by its attorney, Geoffrey S. Berman, United States
Attorney for the Southern District of New York, acting on behalf of the Administrator of the
United States Environmental Protection Agency (“EPA”), alleges for its complaint as follows:
NATURE OF THE ACTION
2. Defendants Mark Ford (“Ford”) and Mark Ford Stables, Inc., Mark Ford Stage
Road Property, Inc., and Ford Equine Ltd. (collectively, the “Ford Companies”) bulldozed over
two dozen acres of wetlands and rerouted streams while on notice that doing so was prohibited
by the Clean Water Act (the “CWA”), 33 U.S.C. §§ 1251 et seq. Ford and the Ford Companies
did this to build a dedicated horse racing training center with associated pastures on two
properties in Orange County, New York. As Ford has put it, “you like to have the [horse] track
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 1 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 1 of 24
2
the way you want it, you want a barn the way you want it and you want some pavement to drive
on.” To make things “the way [they] want[ed] it,” Ford and the Ford Companies illegally filled
waters of the United States. They also violated a CWA stormwater construction general permit.
3. Ford and the Ford Companies have repeatedly violated section 301(a) of the
CWA, 33 U.S.C. §§ 1311(a), by running a concentrated animal feeding operation without a
permit, allowing wastewater to contaminate waters of the United States. These violations—
which include piping manure-laden wastewater directly from wash bays/stalls and a horse
swimming pool to a nearby stream—continue to the present day.
4. The United States brings this civil action under Sections 309(b) and (d) of the
CWA, 33 U.S.C. §§ 1319(b), (d), to obtain injunctive relief compelling Ford and the Ford
Companies to remove the unauthorized fill material from waters of the United States, to restore
the watercourses, and to cease their unpermitted discharges, and for civil penalties.
JURISDICTION AND VENUE
5. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331, 1345,
and 1355, and Section 309(b) and (d) of the CWA, 33 U.S.C. § 1319(b) and (d).
6. Venue is proper in this District pursuant to Section 309(b) and (d) of the CWA,
33 U.S.C. §§ 1319(b) and (d) and 1395, because the events giving rise to the claims herein arose
in this District.
7. The United States has provided notice of the commencement of this action to the
State of New York pursuant to Section 309(b) of the CWA, 33 U.S.C. § 1319(b).
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PARTIES
8. Plaintiff is the United States of America on behalf of EPA.
9. Defendant Mark Ford (“Ford”) is an individual who owns property and regularly
conducts business in Orange County, New York. Ford is the president and sole shareholder of,
and controls, the Ford Companies.
10. Defendant Mark Ford Stables, Inc., is a corporation organized under the laws of
the State of New York, with its principal executive offices located at 410 Jericho Turnpike,
Jericho, New York 11753.
11. Defendant Ford Equine, Ltd., is a corporation organized under the laws of the
State of New York, with its principal executive offices located at 125 Stony Ford Road,
Campbell Hall, New York 10916.
12. Defendant Mark Ford Stage Road Property, Inc., is a corporation organized under
the laws of the State of New York, with its principal executive offices located at 125 Stony Ford
Road, Campbell Hall, New York 10916.
13. Defendants Ford, Mark Ford Stables, Inc., Ford Equine, Ltd., and Mark Ford
Stage Road Property, Inc., are each “persons” within the meaning of Section 502(5) of the CWA,
33 U.S.C. § 1362(5).
STATUTORY AND REGULATORY BACKGROUND
I. The Wetlands Permitting Program Under CWA Section 404
14. The CWA was enacted “to restore and maintain the chemical, physical, and
biological integrity of the Nation’s waters.” 33 U.S.C. 1251(a).
15. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), furthers this goal by prohibiting
the “discharge of any pollutant by any person” to waters of the United States, “[e]xcept in
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compliance with,” among other things, permits issued under Sections 402 and 404 of the CWA.
33 U.S.C. §§ 1342, 1344. The “discharge of a pollutant” includes “any addition of any pollutant
to navigable waters from any point source.” 33 U.S.C. § 1362(12).
16. Navigable waters are “the waters of the United States, including the territorial
seas.” 33 U.S.C. § 1362(7). In turn, “waters of the United States” has been defined to include,
inter alia, all waters which are currently used, were used in the past, or may be susceptible to use
in interstate or foreign commerce; tributaries to such waters; and wetlands adjacent to the
foregoing waters. See, e.g., 33 C.F.R. § 328.3(a) (1993); 40 C.F.R. §§ 122.2 (1993).
17. A “point source” is defined as “any discernible, confined and discrete
conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container . . . [or] concentrated animal feeding operation . . . from which pollutants may
be discharged.” 33 U.S.C. § 1362(14).
18. As defined by Section 502(6) of the CWA, a “pollutant” includes, among other
things, dredged spoil, solid waste, sewage, biological materials, rock, sand, cellar dirt, and
industrial, municipal, and agricultural waste discharged into water. 33 U.S.C. § 1362(6).
19. Wetlands are “those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.”
33 C.F.R. § 328.3(b) (1993).
20. Under the Clean Water Act, no person may discharge fill into wetlands that are
waters of the United States (also known as “jurisdictional wetlands”) without a permit—typically
issued by the United States Army Corps of Engineers (the “Corps of Engineers” or “Corps”)—
under Section 404(a) of the CWA, 33 U.S.C. § 1344(a). The Section 404 permitting program,
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consistent with the purposes of the CWA, is intended to authorize the discharge of dredged or fill
material into wetlands only when, among other things, “it can be demonstrated that such a
discharge will not have an unacceptable adverse impact either individually or in combination
with known and/or probable impacts . . . .” 40 C.F.R. § 230.1.
II. The NPDES Permitting Program Under CWA Section 402
21. Similarly, the Clean Water Act prohibits any person from discharging pollutants
other than fill or dredged material to waters of the United States without a permit under Section
402 of the CWA, 33 U.S.C. § 1342(a). Section 402 authorizes EPA, under certain
circumstances, to issue a National Pollutant Discharge Elimination System (“NPDES”) permit
authorizing a person to discharge pollutants into waters of the United States. The CWA also
authorizes states to establish their own permitting programs. 33 U.S.C. § 1342(b). After a
state’s permitting program is approved by EPA, and subject to certain limitations, states may
issue their own NPDES permits pursuant to such a program.
22. New York State, through its Department of Environmental Conservation
(“NYSDEC”), administers such an approved permitting program, referred to as the State
Pollutant Discharge Elimination System (“SPDES”) permit program. Under Sections 309 and
402(i) of the CWA, the United States retains concurrent authority to enforce SPDES permit
violations. 33 U.S.C. §§ 1319, 1342(i).
A. Construction General Permits
23. Construction activity is one type of industrial activity for which associated
stormwater discharges require a permit under Section 402 of the CWA. Construction activity
includes “clearing, grading and excavation.” 40 C.F.R. § 122.26(b)(14)(x).
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24. The CWA regulates stormwater discharges from construction activities because
when there is precipitation, stormwater or snowmelt can wash over or flow through loose soil on
a construction site and pick up pollutants that are then discharged to rivers, streams, lakes, or
coastal waters.
Who hurt you?
-
49. In May and June of 2007, the Site was evaluated by defendant Ford’s
environmental consultants, Robert Torgerson and Peter Torgerson (collectively, “Torgerson”).
Torgerson acted as Ford’s agent for the purpose of this evaluation.
50. At the time that it performed its evaluation, Torgerson had a copy of the 1995
Jurisdictional Determination.
51. Torgerson documented the conclusions of its evaluation in a July 30, 2007 report
titled “Habitat Site Investigation and Report—Horse Training Facility—Mark S. Ford Stables,
Inc.” (“2007 Torgerson Report”).
52. According to the 2007 Torgerson Report, the Slaughter Road Site had 19.6 acres
of wetlands and a 1.188-acre pond in the center of the site.
53. Crystal Run Creek and the four wetland areas within the Slaughter Road Site, as
identified in the 1995 Jurisdictional Determination, are “waters of the United States” within the
meaning of Section 502(7) of the CWA, 33 U.S.C. § 1362(7).
iii. Ford Fills in Jurisdictional Wetlands Identified by His Contractors
54. Despite being on notice of jurisdictional wetlands at the Slaughter Road Site, as
described in both the 1995 Jurisdictional Determination (which at a minimum Ford’s agent
Torgerson had in hand) and the 2007 Torgerson Report, and without first obtaining a permit,
defendant Ford conducted, contracted for, supervised and/or otherwise controlled extensive
construction work at the Slaughter Road Site, and used mechanized land clearing and filling
equipment to fill in approximately 24 acres of the jurisdictional wetlands in or around 2007.
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55. Defendant Ford also conducted, contracted for, supervised and/or otherwise
controlled the straightening of significant portions of Crystal Run Creek on the northern half of
the Slaughter Road Site without first obtaining a federal permit. Specifically, in 2007, Ford
caused roughly 310 linear feet of creek bed along Crystal Run Creek to be straightened using
mechanized filling equipment. Also, in 2007, defendant Ford discharged approximately
150 linear feet of loose stone associated with the construction of the track bridges along Crystal
Run Creek below the ordinary high water mark.
56. In 2008, defendant Ford opened the Mark Ford Training Center as a 76-acre
facility for harness racing horses.
57. In a 2010 magazine interview, defendant Ford asserted that he moved “hundreds
of thousands of yards of dirt” to build his horse training center at the Slaughter Road Site, and
boasted that “[t]here’s not been a square inch of that acreage that a bulldozer hasn’t been across.”
58. Construction work at the Slaughter Road Site continued from 2011 through 2013.
During that time, defendant Ford caused roughly an additional 1,460 linear feet of creek bed
along Crystal Run Creek to be straightened without first obtaining a federal permit.
59. Aerial imagery of the Slaughter Road Site shows that in 2013, the original
channel of Crystal Run Creek was completely backfilled. On information and belief, the original
channel was filled with imported dirt and rocks and other waste material from a local highway
project.
60. Defendant Ford and the Ford Companies never sought or obtained authorization
from the Corps of Engineers for the filling of these jurisdictional wetlands and the rerouting and
filling of Crystal Run Creek.
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B. Defendants Filled Jurisdictional Wetlands and Straightened Streams at the
Ford Equine Site
61. The Ford Equine Site covers approximately 86.4 acres, and is located at 482/484
Stony Ford Road in the Town of Wallkill in Orange County, New York.
62. In September 2014, defendant Ford Equine, Ltd. purchased the Ford Equine Site
for the purpose of expanding the horse training facility. At all times relevant to this complaint
thereafter, defendant Ford controlled the Ford Equine Site and all activities relevant to this
complaint that occurred on the Ford Equine Site.
63. When defendant Ford Equine, Ltd. acquired the Ford Equine Site, a stream (the
“Ford Equine Site Stream”) flowed southward through the eastern portion of the site.
64. The Ford Equine Site Stream is a perennial tributary of the Wallkill River that has
physical indicators of an ordinary high water mark, including bed and banks. In 2016, after the
construction activities described in paragraphs 67 through 69, EPA confirmed that the portions of
the Ford Equine Site Stream that were upstream of the disturbed site had perennial flow, an
ordinary high water mark, including defined bed and banks, substrate sorting, and fish, benthic
algae, and macroinvertebrate s associated with perennial flow conditions. The Ford Equine Site
Stream flows southward from the site approximately 3,300 feet to the Wallkill River.
65. When defendant Ford Equine, Ltd. acquired the Ford Equine Site, the site had
four wetland areas, one of which (“Wetland A,” a jurisdictional wetland) abutted the Ford
Equine Site Stream. In 2016, after the construction activities described in paragraphs 67 through
69, NYSDEC excavated and sampled 21 pits in the eastern portion of the site in order to
characterize the soils beneath the fill material that has been placed there. NYSDEC determined
that in some of the test pits, the soils beneath the fill material were saturated with groundwater,
indicating that potential wetland hydrology was present in those locations before the construction
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activities. Based on evidence that included NYSDEC’s findings and pre-2016 satellite imagery,
Wetland A comprised approximately 2.27 acres before defendant Ford’s construction activities.
66. The Ford Equine Site Stream and Wetland A at the Ford Equine Site are “waters
of the United States” within the meaning of Section 502(7) of the CWA, 33 U.S.C. § 1362(7).
67. Beginning in spring 2015 and through February 2016, Ford began extensive
construction work on the Ford Equine Site using mechanized land clearing and filling equipment.
68. Defendant Ford caused approximately 900 linear feet of the Ford Equine Site
Stream to be filled and he rerouted the steam around the eastern corner of the Ford Equine Site.
As a result of defendant Ford’s construction activities, the Ford Equine Site Stream now flows
southeast and then southwest along the perimeter of the Ford Equine Site before returning to its
original path to the Wallkill River.
69. Defendant Ford’s construction work on the Ford Equine Site caused fill material
to be discharged into most of Wetland A at the site. The fill consisted of, among other things,
construction and demolition material, brick, concrete, asphalt, dirt, stone, glass, wood, and
gravel.
70. Defendant Ford and the Ford Companies never sought or obtained authorization
from the Corps of Engineers for the filling of the Ford Equine Site Stream and for Wetland A at
the Ford Equine Site.
II. Mark Ford Stage Road Property Violated Its Construction General Permit at the
Slaughter Road Site
71. Defendants Ford and Mark Ford Stage Road Property, Inc., sought coverage
under the Construction General Permit, and on or about January 19, 2016, they were authorized
by NYSDEC, in accordance with SPDES Permit number NYR11A294, to discharge stormwater
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from the ongoing construction activities at the Slaughter Road Site in compliance with the terms
of the permit.
72. Therefore, as of January 19, 2016, defendants Ford and Mark Ford Stage Road
Property, Inc., were required to comply with the Construction General Permit—specifically,
Permit No. GP-0-15-002—until all construction activities at the Slaughter Road Site were
completed and NYSDEC had approved a request to terminate coverage.
73. On November 29, 2016, EPA conducted an inspection at the Slaughter Road Site
to determine whether defendants Ford and Mark Ford Stage Road Property, Inc., were in
compliance with the Construction General Permit. EPA identified several areas of
noncompliance.
74. First, EPA observed unstabilized stockpiles of soil and mulch in the southwest
portion of the Slaughter Road Site that lacked the erosion and sediment controls required by Part
I.B.1.a of the Construction General Permit, thereby causing runoff from the piles and other
unstabilized areas of the construction site to flow into Crystal Run Creek.
75. Second, EPA observed several areas of the Slaughter Road Site where a lack of
erosion or sediment controls caused turbid stormwater to flow into a catch basin and ditch/stream
tributaries in the southwest portion of the site that, in turn, flowed into Crystal Run Creek,
causing deposition or impairing the waters’ best uses, in violation of Parts I.B.1, I.D.1, and I.D.2
of the Construction General Permit.
-
Nobody believes you’re bullshit! By the way I was just messaged about your Chrystal Meth addiction! That explains everything! True or false have you ever been arrested for meth?
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Mike always brings the receipts. He and Paulick rock.
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Mike always brings the receipts. He and Paulick rock.
How many screen names do you have? SCM I’m counting about 20!
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76. Third, EPA determined that from February 2016—when defendants Ford and
Mark Stage Road Property, Inc., notified the Town of Wallkill that it would commence
conducting monthly inspections of the construction site—to February 2017, defendants Ford and
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Mark Stage Road Property, Inc., failed to conduct the monthly inspections required by Part
IV.C.2.c of the Construction General Permit.
77. On or around January 26, 2018, defendants Ford and Mark Ford Stage Road
Property, Inc., through their consultant, submitted a Notice of Termination of the Construction
General Permit to NYSDEC, which NYSDEC approved on or about January 30, 2018.
Accordingly, while defendants Ford and Mark Ford Stage Road Property, Inc. are no longer
required to abide by the Construction General Permit, they are liable for civil penalties for their
violations of that permit through January 30, 2018.
III. Ford Discharged Animal Waste and Cleaning Agents Into Waters of the United
States
78. The Slaughter Road Site contains an operating horse training facility and stables,
and has six horse barns, three manure barns, a shop, a storage barn, and a training oval.
79. The Slaughter Road Site can house up to 330 horses at any one time.
80. Barns 1, 2, 3, 4, and 6 at the Slaughter Road Site each have four wash bays used
for daily horse cleaning that are clustered in the center of each barn. Barn 5 has two wash bays,
one on each side in the barn, as well as a swimming pool for horses in the center of the barn.
The wash water from the wash bays and the swimming pool water are discharged to a green pipe
behind and to the northeast of Barn 5. This pipe discharges to a 625-foot long ditch, which
connects to Crystal Run Creek.
81. The three manure barns at the Slaughter Road Site are used to store manure and
bedding from the barns, and to store clean sawdust from the Slaughter Road Site. Catch basins
in close proximity to the three manure barns discharge to a black corrugated pipe, which in turn
discharges to a ditch in the northeastern portion of the Slaughter Road Site. The ditch discharges
to Crystal Run Creek.
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82. The Slaughter Road Site composts some of the manure from the three manure
barns for future use as topsoil, and has a compost pile on the premises. The compost pile is on a
sloped hillside to the east of the storage barn, which is on the southeast side of the Slaughter
Road Site, and up-gradient of a catch basin that discharges to the southern portion of the
Slaughter Road Site.
83. The Slaughter Road Site also has approximately 25 paddocks where horses are
kept or exercised. Catch basins in the paddocks and in the adjoining areas on the northern
portion of the Slaughter Road Site discharge to the same black corrugated pipe near the three
manure barns. The pipe discharges to the ditch in the northeastern portion of the Slaughter Road
Site which, in turn, discharges to Crystal Run Creek.
84. The adjacent Ford Equine Site has a dirt track, some small barns, and parking
areas south of the dirt track.
85. The Ford Equine Site also has a compost pile. The majority of the composted
manure occurs on the Slaughter Road Site, while any excess manure is taken to the Ford Equine
Site. The sites use a common system for the disposal of waste.
86. The Ford Equine Site has a barn (the “Stony Ford Barn”) with one wash stall that
discharges wash water to an adjacent field to the east of the Stony Ford Barn. The Ford Equine
Site Stream runs behind and parallel to the tree line adjacent to the field.
87. On December 12, 2016, EPA conducted a CAFO inspection (“CAFO Inspection”)
at the Slaughter Road Site and the Ford Equine Site.
88. At the time of the CAFO Inspection, approximately 257 horses were stabled and
fed or maintained at the Slaughter Road Site, and seven horses were stabled at the Ford Equine
Site. In addition, the Ford Equine Site had a cow barn that housed approximately 18 cows.
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89. At the Slaughter Road Site, the horse wash water from the wash bays and/or stalls
at Barns 1, 2, 3, 4, 5, and 6, as well as the water discharged from the horse swimming pool in
Barn 5, flow through a pipe that discharges to a man-made ditch that discharges, in turn, to
Crystal Run Creek.
90. The EPA inspector observed that the wash bay area of Barn 5 had a white
container labeled “ORVUS WA Paste,” which is a shampoo used to wash horses. ORVUS is a
synthetic surfactant and wetting agent.
91. The EPA inspector further observed a considerable amount of manure stored in
uncovered areas outside each of the three manure barns at the Slaughter Road Site. The manure
was exposed to precipitation and had not been removed from those areas for five weeks before
the CAFO Inspection.
92. The EPA inspector observed catch basins located close to each of the three
manure barns at the Slaughter Road Site. The catch basins discharge to a black corrugated pipe,
which, in turn, discharges to a ditch in the northeast portion of the Site. The ditch flows into
Crystal Run Creek.
93. The EPA inspector also observed turbid flow entering the catch basin close to the
second manure barn at the Slaughter Road Site. Inside the catch basin near the third manure barn
at the Slaughter Road Site, the EPA inspector observed built-up sediments, hay, and foaming in
the top portion of the catch basin.
94. The Slaughter Road Site and the Ford Equine Site together constitute a “medium”
CAFO, as that term is defined under 40 C.F.R. §§ 122.23(b)(2) and 122.23(b)(6), because (1) at
the time of the CAFO Inspection, approximately 257 horses were stabled and fed or maintained
at both sites; (2) manure from the Slaughter Road Site and the Ford Equine Site use a common
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area or system for the disposal of wastes; and (3) wash water from horse wash bays and stalls in
Barns 1-6 and from the horse swimming pool in Barn 5 at the Slaughter Road Site is discharged
to waters of the United States through a man-made ditch that discharges into Crystal Run Creek.
95. On June 8, 2017, EPA sent defendant Ford an inspection report and directed Ford
and the Ford Companies to stop the discharge of wash water and swimming pool water from the
Slaughter Road Site; ensure that runoff from the manure barns is contained and does not flow
into waters of the United States; cover any piles of manure being temporarily stored outside of
barns; and obtain a CAFO permit from NYSDEC. To date, Ford and the Ford Companies have
not ceased these activities and have not obtained coverage under a CAFO Individual Permit or a
CAFO General Permi
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GEOFFREY S. BERMAN
United States Attorney for the
Southern District of New York
By: TOMOKO ONOZAWA
Assistant United States Attorney
86 Chambers Street, 3rd Floor
New York, New York 10007
Telephone: (212) 637-2721
Facsimile: (212) 637-2686
E-mail: tomoko.onozawa@usdoj.gov
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
Plaintiff,
-againstMARK FORD, MARK FORD STABLES, INC.,
MARK FORD STAGE ROAD PROPERTY, INC.,
and FORD EQUINE, LTD.,
Defendants.
:
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COMPLAINT
19 Civ. 9600
----------------------------------------------------------------- x
1. The United States of America, by its attorney, Geoffrey S. Berman, United States
Attorney for the Southern District of New York, acting on behalf of the Administrator of the
United States Environmental Protection Agency (“EPA”), alleges for its complaint as follows:
NATURE OF THE ACTION
2. Defendants Mark Ford (“Ford”) and Mark Ford Stables, Inc., Mark Ford Stage
Road Property, Inc., and Ford Equine Ltd. (collectively, the “Ford Companies”) bulldozed over
two dozen acres of wetlands and rerouted streams while on notice that doing so was prohibited
by the Clean Water Act (the “CWA”), 33 U.S.C. §§ 1251 et seq. Ford and the Ford Companies
did this to build a dedicated horse racing training center with associated pastures on two
properties in Orange County, New York. As Ford has put it, “you like to have the [horse] track
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the way you want it, you want a barn the way you want it and you want some pavement to drive
on.” To make things “the way [they] want[ed] it,” Ford and the Ford Companies illegally filled
waters of the United States. They also violated a CWA stormwater construction general permit.
3. Ford and the Ford Companies have repeatedly violated section 301(a) of the
CWA, 33 U.S.C. §§ 1311(a), by running a concentrated animal feeding operation without a
permit, allowing wastewater to contaminate waters of the United States. These violations—
which include piping manure-laden wastewater directly from wash bays/stalls and a horse
swimming pool to a nearby stream—continue to the present day.
4. The United States brings this civil action under Sections 309(b) and (d) of the
CWA, 33 U.S.C. §§ 1319(b), (d), to obtain injunctive relief compelling Ford and the Ford
Companies to remove the unauthorized fill material from waters of the United States, to restore
the watercourses, and to cease their unpermitted discharges, and for civil penalties.
JURISDICTION AND VENUE
5. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331, 1345,
and 1355, and Section 309(b) and (d) of the CWA, 33 U.S.C. § 1319(b) and (d).
6. Venue is proper in this District pursuant to Section 309(b) and (d) of the CWA,
33 U.S.C. §§ 1319(b) and (d) and 1395, because the events giving rise to the claims herein arose
in this District.
7. The United States has provided notice of the commencement of this action to the
State of New York pursuant to Section 309(b) of the CWA, 33 U.S.C. § 1319(b).
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PARTIES
8. Plaintiff is the United States of America on behalf of EPA.
9. Defendant Mark Ford (“Ford”) is an individual who owns property and regularly
conducts business in Orange County, New York. Ford is the president and sole shareholder of,
and controls, the Ford Companies.
10. Defendant Mark Ford Stables, Inc., is a corporation organized under the laws of
the State of New York, with its principal executive offices located at 410 Jericho Turnpike,
Jericho, New York 11753.
11. Defendant Ford Equine, Ltd., is a corporation organized under the laws of the
State of New York, with its principal executive offices located at 125 Stony Ford Road,
Campbell Hall, New York 10916.
12. Defendant Mark Ford Stage Road Property, Inc., is a corporation organized under
the laws of the State of New York, with its principal executive offices located at 125 Stony Ford
Road, Campbell Hall, New York 10916.
13. Defendants Ford, Mark Ford Stables, Inc., Ford Equine, Ltd., and Mark Ford
Stage Road Property, Inc., are each “persons” within the meaning of Section 502(5) of the CWA,
33 U.S.C. § 1362(5).
STATUTORY AND REGULATORY BACKGROUND
I. The Wetlands Permitting Program Under CWA Section 404
14. The CWA was enacted “to restore and maintain the chemical, physical, and
biological integrity of the Nation’s waters.” 33 U.S.C. 1251(a).
15. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), furthers this goal by prohibiting
the “discharge of any pollutant by any person” to waters of the United States, “[e]xcept in
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compliance with,” among other things, permits issued under Sections 402 and 404 of the CWA.
33 U.S.C. §§ 1342, 1344. The “discharge of a pollutant” includes “any addition of any pollutant
to navigable waters from any point source.” 33 U.S.C. § 1362(12).
16. Navigable waters are “the waters of the United States, including the territorial
seas.” 33 U.S.C. § 1362(7). In turn, “waters of the United States” has been defined to include,
inter alia, all waters which are currently used, were used in the past, or may be susceptible to use
in interstate or foreign commerce; tributaries to such waters; and wetlands adjacent to the
foregoing waters. See, e.g., 33 C.F.R. § 328.3(a) (1993); 40 C.F.R. §§ 122.2 (1993).
17. A “point source” is defined as “any discernible, confined and discrete
conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container . . . [or] concentrated animal feeding operation . . . from which pollutants may
be discharged.” 33 U.S.C. § 1362(14).
18. As defined by Section 502(6) of the CWA, a “pollutant” includes, among other
things, dredged spoil, solid waste, sewage, biological materials, rock, sand, cellar dirt, and
industrial, municipal, and agricultural waste discharged into water. 33 U.S.C. § 1362(6).
19. Wetlands are “those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.”
33 C.F.R. § 328.3(b) (1993).
20. Under the Clean Water Act, no person may discharge fill into wetlands that are
waters of the United States (also known as “jurisdictional wetlands”) without a permit—typically
issued by the United States Army Corps of Engineers (the “Corps of Engineers” or “Corps”)—
under Section 404(a) of the CWA, 33 U.S.C. § 1344(a). The Section 404 permitting program,
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consistent with the purposes of the CWA, is intended to authorize the discharge of dredged or fill
material into wetlands only when, among other things, “it can be demonstrated that such a
discharge will not have an unacceptable adverse impact either individually or in combination
with known and/or probable impacts . . . .” 40 C.F.R. § 230.1.
II. The NPDES Permitting Program Under CWA Section 402
21. Similarly, the Clean Water Act prohibits any person from discharging pollutants
other than fill or dredged material to waters of the United States without a permit under Section
402 of the CWA, 33 U.S.C. § 1342(a). Section 402 authorizes EPA, under certain
circumstances, to issue a National Pollutant Discharge Elimination System (“NPDES”) permit
authorizing a person to discharge pollutants into waters of the United States. The CWA also
authorizes states to establish their own permitting programs. 33 U.S.C. § 1342(b). After a
state’s permitting program is approved by EPA, and subject to certain limitations, states may
issue their own NPDES permits pursuant to such a program.
22. New York State, through its Department of Environmental Conservation
(“NYSDEC”), administers such an approved permitting program, referred to as the State
Pollutant Discharge Elimination System (“SPDES”) permit program. Under Sections 309 and
402(i) of the CWA, the United States retains concurrent authority to enforce SPDES permit
violations. 33 U.S.C. §§ 1319, 1342(i).
A. Construction General Permits
23. Construction activity is one type of industrial activity for which associated
stormwater discharges require a permit under Section 402 of the CWA. Construction activity
includes “clearing, grading and excavation.” 40 C.F.R. § 122.26(b)(14)(x).
Case 7:19-cv-09600-AEK Document 3 Filed 10/18/19 Page 5 of 24 Case 7:19-cv-09600 Document 1 Filed 10/17/19 Page 5 of 24
6
24. The CWA regulates stormwater discharges from construction activities because
when there is precipitation, stormwater or snowmelt can wash over or flow through loose soil on
a construction site and pick up pollutants that are then discharged to rivers, streams, lakes, or
coastal waters.
Who hurt you? ngc3 ngc3 ngc3
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It wasn't his family that hurt him that I could tell you........... but he has hurt his family........... A family member told me some woman Pam hurt him deeply... If that's the case he's taking his anger out on the horse people that never did anything to him... He's also not allowed on any race tracks who knows what happened there........ If only he would quit all this nonsense and get back with his family at least make an attempt.......... .
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ngc3 ngc3 ngc3
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It wasn't his family that hurt him that I could tell you........... but he has hurt his family........... A family member told me some woman Pam hurt him deeply... If that's the case he's taking his anger out on the horse people that never did anything to him... He's also not allowed on any race tracks who knows what happened there........ If only he would quit all this nonsense and get back with his family at least make an attempt.......... .
Whoever hurt him really messed up his brain. Gotta feel sorry for him......
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ngc3 ngc3 ngc3 ngc3 ngc3
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Whoever hurt him really messed up his brain. Gotta feel sorry for him......
somebody mentioned drugs……… perhaps that’s what happened to him……….. Let’s hope not.
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ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
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Makes sense now doesn't it??? Maybe he can retain him now? ngc3
(https://iili.io/F3pApLu.md.png) (https://freeimage.host/i/F3pApLu)
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You need to be more sensitive! ngc3
https://www.youtube.com/watch?v=5JKdwprhx0M&t=7s
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I just spoke to Mark. He said "nyo cam awm gum fung nyoodevs".
And hung up.
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I just spoke to Mark. He said "nyo cam awm gum fung nyoodevs".
And hung up.
ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
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I just spoke to Mark. He said "nyo cam awm gum fung nyoodevs".
And hung up.
Maybe Mark will hire you to clean stalls.......
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Maybe Mark will hire you to clean stalls.......
When I changed the fluorescent light fixtures in the shedrow of the maintenance barn to LEDs he cried like a fat bitch over charging him 100 bucks. I said are you fucking serious? He was nearly in pain reaching in his pocket. Shows what he really is. I only charged Kelly half that to change to locks in his house. ngc3
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Ultimaroca abut to race at Ocean Downs...Trainer Willard Reynolds
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Has anyone given any thought to how much Gillis may get paid off to not spill the beans?
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Has anyone given any thought to how much Gillis may get paid off to not spill the beans?
Well if what we're being told about Mr. Ford is true, it's not been enough. Markie is having trouble holding down his lunch lately.
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Well if what we're being told about Mr. Ford is true, it's not been enough. Markie is having trouble holding down his lunch lately.
It has to be a lot for Gillis to say nothing after being publicly thrown under the bus! tmbz1
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It has to be a lot for Gillis to say nothing after being publicly thrown under the bus! tmbz1
Who says he hasn't already?
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Who says he hasn't already?
Rolled over on ford or been paid off? Gillis had been quiet, at least in public. Could be letting everyone know his connections.
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Rolled over on ford or been paid off? Gillis had been quiet, at least in public. Could be letting everyone know his connections.
A LOT has been happening that nobody can talk about...YET. It's not just Ford or anyone in particular either. Ford just happens to be a name people know.
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Middletown may be gas capital of harness racing, from one farm to another, strictly chemicals...
You must inject to collect. No pre-race mixture, no post-race picture.
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Middletown may be gas capital of harness racing, from one farm to another, strictly chemicals...
You must inject to collect. No pre-race mixture, no post-race picture.
Right now this is operating at Mark Ford Training Center.
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Who hurt you?
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I ask you would you trust a man that makes fun of somebody fighting cancer?
From SCM: About that cancer. I remember the first time, just so happens it was when the EPA came down on him. Only guy I know gained 150lbs while "on chemo". ngc3 Oh then they took out a kidney for no reason. Now he's being looked at by every commission and governing body in the game, has a "mini stroke". ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3 ngc3
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Better show up for court!!! Or is he "sickened" by this too and DIDN'T KNOW??? ngc3 ngc3 ngc3
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Will there be a media article where he says he "didn't know"???? ngc3 ngc3 ngc3 ngc3 ngc3
Say what? Pay for the dates? Demands by a racetrack owner? Multiple votes by the SBOANJ Board who didn't want to make the payoff? EMERGENCY votes to get the answer the brass wanted???? Who was it that called for those votes????? GUESS ngc3
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Ironic, he might have to tell the court about his trainer Jeff Gillis.... ngc3 ngc3 ngc3 ngc3 ngc3
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