Tauchen Harmony Valley, Inc.

Background:  On January 27, 2000, the DNR issued a Water Pollutant Discharge Elimination (WPDES) permit for this facility, which allows direct discharges of livestock and other wastes to public waterways.  Despite the DNR's notice of the legal requirements of state and federal laws, the agency violated state and federal water law in several ways:

1)  issued a WPDES permit prior to receiving an animal waste management plan;
2)  gave public notice prior to receipt of a complete permit application;
3) failed to include a standard of performance prohibiting all discharges; and
4) explicitly allowed discharges to the surface and ground waters. 

Prior to issuing the permit, the DNR found that another state agency had discovered in 1980 that the Tauchen's old earthen manure pit with a million gallon capacity leaked.  Yet, the agency did not require the Tauchen's to permanently close the pit.

Midwest Environmental Advocates, representing a coalition of family farm and environmental groups, requested that Secretary Meyer revoke the permit.  Secretary Meyer refused to revoke the permit and we filed a contested case petition against the DNR seeking closure of the manure pit and assurances that the facility would not further degrade the Pensuakee River Watershed and, ultimately, Green Bay.

Status:  On August 28, 2000, Administrative Law Judge Boldt signed an order approving our settlement agreement to modify the WPDES permit and dismiss the contested case.  The modified permit significantly restricts the amount of pollution the facility is allowed to discharge into our public waters.  It requires closure of the earthen manure pit by September 15, 2001; prohibits all discharges of pollutants except in the case of the 25-year, 24-hour storm; and mandates quarterly monitoring of runoff controls.