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Centerville CARES v. Maple Leaf Dairy Background: Midwest Environmental Advocates is representing a group of neighbors in the Town of Centerville who are concerned about the air pollution and potential water pollution from a 2,825 head mega-dairy that has considered plans to expand to 9,000 cows near Lake Michigan.
The local group, which is calling itself Centerville Citizens for Air, River, and Environmental Solutions (Centerville CARES), is concerned that the expansion will aggravate existing water pollution in Fischer Creek and Point Creek and contribute to Lake Michigan beach closings in the area. Some of the fields on which Maple Leaf Dairy currently spreads its animal waste are lined with drain tiles, or underground pipes that may carry the animal waste to the nearest streams. Centerville CARES members say that it is not clear which fields still have those tiles and which do not. Public records have shown that those tiles may have carried animal waste to nearby Fischer Creek in the past. Over the last several years, the federal, state and county government, along with private sources, has spent $3.9 million to purchase and protect the Lake Michigan shoreline where Fischer Creek and Point Creek reach the Lake. Maple Leaf is located about two miles from Lake Michigan. In addition to fears of water pollution, members of Centerville CARES have suffered the noxious air pollution that Maple Leaf Dairy emits from its freestall barns and manure pits. Neighbors within two miles downwind of Maple Leaf Dairy have been frequently woken in the night from the strong air pollution and have been forced to install air conditioners at considerable expense just to escape from harsh odors. Sometimes, neighbors feel the urge to gag when they are exposed to the air pollution. Some members of Centerville CARES are reasonably concerned about long term health impacts of being exposed to this pollution on such a regular basis. Maple Leaf Dairy has not officially submitted its application for a WPDES permit for the 9,000 head expansion. MEA and Centerville CARES are following these developments closely and will review and comment on the proposed permit as soon as it is available. On August 26, 2003, Centerville CARES sent a 60 day notice of intent to file a citizen suit under the federal Clean Air Act against Maple Leaf Dairy, Inc. for its excessive emissions of ammonia, a toxic gas and state hazardous air pollutant. The 60 day notice of intent to sue alleges that Maple Leaf Dairy failed to apply for and obtain the required air quality permits from the DNR prior to expanding its dairy operation. Centerville CARES sent an additional 60 day notice of intent to sue on November 26, 2003. In an attempt to work cooperatively with Maple Leaf Dairy to resolve the air pollution problem, Centerville CARES has provided Maple Leaf Dairy with four separate detailed studies of its potential emissions of ammonia, and yet Maple Leaf Dairy has failed to address the problem. In response to Centerville CARES threatened litigation, on March 23, 2004 the Wisconsin Department of Natural Resources (“DNR”) established final rules in Chapter NR 445 requiring livestock factories in Wisconsin to control their toxic emissions of ammonia and other air pollutants. Because of the new state regulations Centerville CARES will not file its federal lawsuit. Wisconsin state regulations in Chapter NR 445 now specifically include “emissions associated with agricultural waste,” defined as “livestock manure, wastewater contaminated with livestock manure, animal waste byproducts and litter and bedding material contaminated, derived, or mixed with livestock manure.” § NR 445.02(1). Sources of agricultural waste emissions that exceed DNR emission thresholds must apply for operating and/or construction permits from the DNR. Alternatively, DNR has created a new compliance option for sources of agricultural waste emissions by allowing the sources to implement DNR-approved “Best Management Practices” (“BMPs”) to control toxic air emissions. DNR will work with the Department of Agriculture, Trade, and Consumer Protection to create a list of BMPs to control toxic air emissions from agricultural waste. Centerville CARES, the Wisconsin Department of Natural Resources and local volunteers have begun monitoring the water quality at sample locations on Point and Fisher Creeks. Results showed that most of the sample locations would have been closed as unsafe for swimming or any human contact, according the U.S. Environmental Protection Agency guidelines. Significantly, Centerville CARES’s sample results showed 41,000 E.coli bacteria per 100 milileaters in Fisher Creek immediately downstream of a field owned by Maple Leaf Dairy that drains through underground pipes to Fisher Creek. The EPA recommends that warning signs be posted on swimming beaches when E.coli levels reach 235 colonies per 100 ml. On June 4, 2004, Midwest Environmental Advocates filed a 60-day notice of intent to sue Maple Leaf Dairy for its discharges of excess animal waste into Fisher Creek, Point Creek, and other waters. Midwest Environmental Advocates is working with Bill Verick, an attorney with the Klamath Environmental Center in California, and a native of the Town of Centerville, where Maple Leaf Dairy is located. To read the 60-day notice, click here. On December 8, 2004 Midwest Environmental Advocates filed a Petition for Review in Circuit Court challenging the Department of Natural Resources' finding that the expansion of Maple Leaf Dairy will not have significant environmental impacts on the shoreland area of Lake Michigan. As a result of its finding, the DNR has proposed to issue a water discharge permit to Maple Leaf Dairy. On March 25, 2005, Midwest Environmental Advocates filed the Initial Brief on behalf of Centerville CARES in Manitowoc County Circuit Court. On May 12, 2005, Midwest Environmental Advocates filed the Reply Brief in its challenge to the DNR’s determination that Maple Leaf Dairy’s potential storage of up to 35.5 million gallons of liquid manure near On June 9, 2005 the Manitowoc County Circuit Court agreed with Midwest Environmental Advocates' Reply Brief and ruled that the DNR did not adequately review the potential air and water pollution caused by Maple Leaf Dairy's expansion. To read a transcript of the oral ruling, click here. The DNR is investigating yet another fishkill on Fisher Creek that occurred the week of September 5, 2005. Click here to read more. On December 21, 2005, the DNR issued Maple Leaf Dairy a Notice of Violation for the manure spills it allegedly caused in September and October of 2005, one of which killed thousands of fish. Click here to read more. The DNR referred Maple Leaf Dairy to the Wisconsin Department of J |
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To read the Notice of Appearance and Statement of Position of Maple Leaf Dairy, Inc. click here. To read the Amended Notice of Appearance and Statement of Position of the Department of Natural Resources click here. To read the Notice of Appearance and Statement of Position of the Department of Natural Resources click here. To read the Petition for Judicial Review and Declaratory Judgment click here. To read a transcript of Judge Deets' oral ruling, click here. To read the Reply Brief, click here. To read the Initial Brief, click here. To read a press release on the First Petition for Review, click here. To read the First Petition for Review, click here. |
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Dairy Farm's Reward Offer Ignites New War of Words Attorney Explains Farm Lawsuits Opinion by Andrew Hanson- Family Farms Deserve Support Opinion- Leave PR, Sound Bites Out of Rural Life Farmer Offers Reward for Manure Vandals Editorial: Community Needs Answers on Manure Spills Manitowoc County Farmer Offers Reward for Manure Vandals Farmer Offers Reward for Manure Vandals Wisconsin Farmer Offers Reward for Manure Vandals Farmer Offers Reward For Manure Vandals Manure Slinging Erupts in Manitowoc County Manitowoc County Farmer Offers Reward for Manure Vandals Manitowoc County Farmer Offers Reward for Manure Vandals Manitowoc County Farmer Offers Reward for Manure Vandals Dairy Farm Poop Stench Angers Town Big Farm, Big Feud: Giant Dairy's Manure Angers Neighbors DNR Finds Source of Another Fischer Creek Manure Spill Court Halts Expansion of Big Dairy Operation DNR likely to re-issue permit for large dairy Group sues DNR over dairy farm expansion CARES Plans to Sue Dairy Farmers have 3 years to meet new air standards New DNR rule ends farm emissions suit Factory Farms Should Comply with the Clean Air Act and Waste Laws Lawyers Here Pursue Factory Farm Cleanup Notice of Intent to Sue Dairy Filed Recent Press Releases June 8, 2004 October 7 , 2003 August 27, 2003
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