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Posted November 22, 2005

Farm settlement agreed to

A Luxemburg family sickened by manure in their well have agreed to drop lawsuits against a neighboring 900-cow dairy farm in exchange for a settlement worth $380,000.

Scott and Judy Treml agreed to the settlement with Stahl Farms with the blessing of Midwest Environmental Advocates, the Madison-based organization that represented them in court. The group filed Tuesday for a consent decree to confirm the settlement in Kewaunee County Circuit Court.

Andrew Hanson, attorney for Midwest Environmental Advocates, said the settlement shows the Tremls were right. But he said the case also shows that the state should adopt a recent proposal to limit the spreading of manure in wintertime.

“This kind of thing happens all the time in Wisconsin. The amazing thing about the Tremls is, they refused to ignore it. They knew this wasn’t right and they stood up and said so,” Hanson said.

The Tremls agreed to drop state and federal lawsuits against Stahl. In exchange, Stahl will pay $80,000 to Scott and Judy Treml, $100,000 to the state in civil fines for violating a state permit, and make $200,000 in drainage improvements and manure storage on his farm.

In June of 2004, the Tremls filed a federal lawsuit against Stahl Farms, alleging in part that Stahl had spread 84,000 gallons of liquid manure in late spring of 2004 on a field across the road from their farmhouse. Liquid manure and snow-melt seeped into their well and ran off into a tributary of nearby School Creek. Every member of the Treml family, including then seven-month-old infant, Samantha, became seriously ill from exposure to contaminated water.

“This case shows how my family, my children, and every other rural Wisconsin family is threatened by manure spreading on frozen and snow-covered ground,” said Scott Treml.

“This isn’t just about protecting trout streams. This is about keeping kids out of hospitals, including my daughter. The practice should be banned – period.”

Treml said the DNR and agribusiness groups shouldn’t wait “until a child is killed by e.coli poisoning to ban manure spreading on frozen ground by livestock factories.”

— Paul Brinkman/Press-Gazette

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