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Treml family seeks 'permanent corrective measures' at Stahl farm


Environmental legal group initiates action related to alleged manure runoff

By Kevin Boneske
For The News-Chronicle

A Madison-based environmental law center on Tuesday issued a 60-day notice to a town of Luxemburg farmer that it intends to file suit against him in federal court, unless the large-scale farming operation takes "permanent corrective measures" to prevent water contamination problems which allegedly have been caused by the farm.

Attorney Andrew Hanson of Midwest Environmental Advocates formally announced the legal action Wednesday during a news conference at the home of Scott and Judy Treml, who live near the Glen Stahl farm.

The Tremls, who have three small children, have been using a tanker truck for water in the nearly two months after reporting well contamination problems they allege were caused by runoff from where the farm spread manure. Based on a "past history of conduct," Hanson said the Stahl farm "has left the Tremls with no other options but to exercise their rights under federal law."

"The Tremls have received no assurance from Stahl Farms or its attorneys that it will stop its discharges to tributaries to School Creek and take measures to prevent future possible groundwater contamination," Hanson said.

The notice letter sent to Stahl accuses him of violations of the federal Clean Water Act for allegedly not complying with the provisions of the farm's Wisconsin Pollutant Discharge Elimination System permit, which is required by the state Department of Natural Resources for large-scale farming operations. The DNR issued the farm a WPDES permit last year.

The DNR has been investigating the contamination problems reported in the area over the past two months, although no enforcement action against the Glen Stahl farm has been initiated at this point.

Hanson had no comment about how the DNR has been handling the matter or what specifically Midwest Environmental Advocates is doing related to being able to substantiate a cause for the well contamination.

The letter to the Glen Stahl farm alleges manure had been spread in late February on one of the "hazard areas" where the field slope was greater than 9 percent. Along with the "frozen, thawing, or partially thawing conditions," Hanson also alleges the practice is "reasonably likely to continue to discharge animal waste into waters of the state" in violation of the WPDES permit.

From around late February to early March, the manure allegedly "ran off the intended site, traveling across residential property owned by Kyle and Karla Kahr (who live near the Tremls), into a road ditch, and then discharging into a tributary to School Creek," the notice letter alleges.

The letter gives the Glen Stahl farm 60 days to "permanently implement corrective actions to prevent future discharges of animal waste and other pollutants to nearby streams and groundwater." During the 60-day period, Hanson said Midwest Environmental Advocates "will be available to discuss effective remedies and actions and the possibility of resolving this matter without litigation."

If the farm fails to act in 60 days, Hanson said the Tremls will file their lawsuit in federal court.


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