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.