Alan Hudson told a federal district court yesterday that it is possible water containing cow manure runs off into a ditch that drains from his property.
His testimony during a lawsuit filed against Hudson and Perdue for violations of the Clean Water Act by the environmental group Waterkeeper Alliance.
Capital News Service reports that water samples taken near the farm in 2009 and 2010 showed a sharp spike in bacteria and nutrient levels.
The lawsuit was filed when the Waterkeeper Alliance found what they believed was a large pile of exposed chicken manure on the Berlin farm in 2009.
An investigation has found that the pile was biosludge not chicken manure.
Capital News Service reports that attorneys for the environmental group now argue that poultry litter could be spread by other means than that pile.
For example, they said Hudson could have spread the chicken litter through his shoes after making several daily visits to the chicken houses or the air blown by the large fans used to cool the houses.
Environmental attorneys also pointed to problems with the Hudson compliance with the state’s Comprehensive Nutrient Management Plan.