7 heifers 1 bull all dead

[novatech]

A friend came into the coffee shop this morning and told us that he had lost all of his newly purchased stock. He called the vet and they determined it was kidney failure due to arsenic poisoning.
The man has been useing that pasture for 10 years with no problems. This year we have had constant rain and has caused ponding on the pasture. He investigated one particular spot in the pasture where the cattle seem to drink. There was an oily film on top. He asked neighbors about the area and found that was where the previous owner burried his trash. The previous owner was a builder so there is no telling what all went into the dump. A water sample has been taken and sent off to TAMU for analysis.
If that is what caused it I sure hope thay can still hold the previous owner liable.

 

[OxyBlast]

A friend came into the coffee shop this morning and told us that he had lost all of his newly purchased stock. He called the vet and they determined it was kidney failure due to arsenic poisoning.
The man has been useing that pasture for 10 years with no problems. This year we have had constant rain and has caused ponding on the pasture. He investigated one particular spot in the pasture where the cattle seem to drink. There was an oily film on top. He asked neighbors about the area and found that was where the previous owner burried his trash. The previous owner was a builder so there is no telling what all went into the dump. A water sample has been taken and sent off to TAMU for analysis.
If that is what caused it I sure hope thay can still hold the previous owner liable.

That is terrible. I dont know about holding he previous owner liable. 10 years is a long time he had been there and there may be a statute of limitations there some where.

 

[CowgirlUpNY]

Yeowch!! That's a hard pill to swallow!

Hope he has some recourse against the previous owner (if that's the problem) and doesn't have to foot the bill for cleanup himself.

 

[Workinonit Farm]

Wow, thats a heart breaker. I don't knw if the man can hold the previous owner liable or not.

When we first moved to this place, there were many 'garbage dumps' on it, as well as all kinds of junk and trash in places. Prior to turing the cows 'loose' I picked up roughly 50 old auto batteries hoping I'd found them all.

Over the years all kinds of interesting things have 'sprung-up' out of the ground after heavy rains.

There's no telling what one can/will find on an old place.

Katherine

 

[Texas PaPaw]

Nova

If your friend was given a sellers disclosure when the land was purchased and this situation was not disclosed, the buyer could have some recourse against the seller.

I'm not sure what year sellers disclosure statements started being used in Texas, also not sure if they are required on rural property. Probably could check with the title company (or lender)that did the closing and see if a disclosure is in the file.

 

[I luv herfrds]

You know they are holding mine companies liable for cleanups here, even if the mine was shut down 20-30 years ago.
If it is considered a toxic site the person who buried the trash may be held liable for the claen up and possible damages.
Talk to the county attorney and see what can be done.

 

[Herefordcross]

If that is what caused it I sure hope thay can still hold the previous owner liable.

In the wonderful state of WV they can hold you, your estate and even try to go back and get money from your beneficiaries. It's been done at least once that I know of estate had been settled some six months and went back and judge ordered payment within thrity days. Shingles, must've been 100 triaxle loads on that place.

 

[mnmtranching]

There are 100's of thousands of those old burn piles and dumps in the USA and every where. I'm glad it's being cleaned up at least partly. I worry about that stuff because all my land and pasture land is made up of old homesites and homesteads.

 

[MikeC]

NEVER, EVER buy a piece of property without having an EPA Site Assessment done. Most banks require it!
**********************************************
Scope of Work Phase II Subsurface Investigation

The Phase II Subsurface Investigation scope of work proposed is based upon recognized environmental concerns discovered during a Phase I ESA performed by Performance. At a minimum, the following tasks will be performed:
Task 1 Advance up to 6 on-site soil borings to an approximate depth of 6 to 12 feet below ground surface (bgs) utilizing a GeoProbe, at various locations within the site. If groundwater is encountered, borings will be converted into temporary wells for groundwater sampling. Soil samples will be visually classified by an on-site geologist and screened for the presence of volatile organic compounds (VOCs) using a Photoionization detector (PID).
Task 2 Up to eight soil or groundwater (if encountered) samples will be submitted for laboratory analyses. Soil samples to be analyzed for VOCs will be preserved in the field with methanol. Soil and/or groundwater samples will be analyzed for the presence of volatile organic compounds (VOCs), polynuclear aromatics (PNAs), and total metals.
Task 3 A Phase II ESA summary report will be prepared. The report will include, but is not limited to, all data collected throughout investigative activities, analytical data, and our conclusions and recommendations.

 

[Herefordcross]

Never heard tell of that. Any property I have sold or bought the seller had to sign a statement that to their knowledge there were no hazardous materials buried on the property.

 

[MikeC]

Never heard tell of that. Any property I have sold or bought the seller had to sign a statement that to their knowledge there were no hazardous materials buried on the property.

Pretty sure it's the law now:


http://www.buildernewsmag.com/viewnews.pl?id=197

 

[Mahoney Pursley Ranch]

Could be that since all his " newly purchased stock " died that he bought them with some type of illness. I'd be checking into that as well. If he has other stock that has not died and is exposed to the same water I'd sure have some questions for the people I bought them from. Just a thought.

 

[Herefordcross]

If it is law here that sure arn't enforcing it very well.

 

[Jogeephus]

Its not the law here. If there is doubt, a bank may require it. Nevertheless, something doesn't sound right to me. 10 years with no problem? Just killed the ones he bought? Can you build an immunity to arsonic? Don't think so.

All that aside, I would think long and hard before I ran down to the EPA or EPD office. If you haven't ever dealt with them you will be in for a rude awakening. Leave your common sense at the door but be sure to bring your wallet cause they are going to want it! Take for instance a meth lab on your property. Whose responsible for cleaning that mess up? The doper the put in the clink for three months? Guess again.

The best advice I can give you on this one is to take the pill and find out what is really happening before you get the eco-gestapo on your property cause I promise you - its going to cost you.

I'll shut up now.

 

[rkm]

Good advise Jogeephus. If those guys start snooping, hard to tell what they will come up with. If you burp they will test the air.

 

[preston39]

A friend came into the coffee shop this morning and told us that he had lost all of his newly purchased stock. He called the vet and they determined it was kidney failure due to arsenic poisoning.
The man has been useing that pasture for 10 years with no problems. This year we have had constant rain and has caused ponding on the pasture. He investigated one particular spot in the pasture where the cattle seem to drink. There was an oily film on top. He asked neighbors about the area and found that was where the previous owner burried his trash. The previous owner was a builder so there is no telling what all went into the dump. A water sample has been taken and sent off to TAMU for analysis.
If that is what caused it I sure hope thay can still hold the previous owner liable.

========
..."newly purchased"....

How new?

I have read where arsenic can be a gradual build-up...may have been underway when purchased.

A terrible experience.

 

[TheBullLady]

As a Realtor in Texas, I'll tell you there isn't a "Seller's Disclosure" for land.. only for houses. If there was something unsafe buried on the property, and the former owner knew about it you would probably have recourse. Not only for you, but because it may be affecting ground water as well.

It's hard to prove that... unfortunately. There are LOTS of rural properties in Texas that folks buried their trash on. Lets face it, years ago you didn't have a garbage man pick up your trash.

We also lost cows and calves to arsenic poisoning, about 7 years ago. We never figured out exactly where it came from, but this was a cotton farm at one time, and arsenic was used for exfoliating for years. The vets at A & M suggested that arsenic can live in the soil for 100's of years.. and surface from excavating. Most likely can also surface from soil erosion as well.

I'm sorry for your loss.. that's a tough one!

 

[CowgirlUpNY]

Good advise Jogeephus. If those guys start snooping, hard to tell what they will come up with. If you burp they will test the air.

:lol: :lol: :lol: :lol:

 

[ArrowHBrand]

Around here most rural people still burn and then bury their trash. When we bought our place the previous owner said she burned her trash, but we didn't know to the extent that she did. She burned right by a small pond. The first year I brought up and bagged two loaders full of trash. This year will be the same and now that the pond has gone down it has surfaced brokent pieces of an old castiron tub. After it rains good and hard "surprises" are always springing up. I've found a piston for an engine and the back part of a transmission has just been exposed. Will have to dig it up and call my scrap guy. It's sad that people are too cheap to pay for trash delivery. I'm sympathetic for your loss, but you may end up biting the bullet on this one.

 

[dun]

It's sad that people are too cheap to pay for trash delivery.

Being in the uncivilized Ozarks, there is only one trash company that picks upp and they don;t come this far out. The choices now are burn and bury or haul it to a transfer station 35 miles away that just opened. Before that the option was to haul it 70 miles one-way.
Poor folks have poor ways.