Tue, Nov 22, 2005
Tremls reach settlement in federal, state lawsuits
The Scott and Judy Treml family, rural Luxemburg, have reached a
settlement worth $380,000 in their federal and state lawsuits to clean
up and prevent pollution caused by Stahl Farms, a 900 cow concentrated
animal feeding operation, in Kewaunee County. The settlement is
awaiting review and approval by state and federal courts.
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. The liquid manure and snow-melt seeped into their well and
ran off into a tributary of School Creek that runs along their
property. The Tremls claimed that every member of their became
seriously ill from exposure to the 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. 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," said Scott Treml, The settlement
requires Stahl to pay the Treml family $80,000 as compensation for
their illnesses, medical bills, private well replacement, property
damage, and other pain, suffering, and inconvenience as a result of
contaminating their water. The award also includes a settlement payment
to the Tremls' children for their illnesses and medical bills.
"We were able to show that a specific livestock factory contaminated a
rural family's well by spreading liquid manure on snow-covered ground,"
said Andrew Hanson, attorney with Midwest Environmental Advocates,
Inc., a nonprofit environmental law center representing the Treml
family. "Groundwater contamination by manure can be proven with limited
but careful investigation, and we hope this sends a message to the
State that they need to ban this outdated and dangerous practice in its
new manure spreading regulations for concentrated animal feeding
operations such as Stahl Farms."
Hanson said that, in 2004 and 2005, more than 30 private wells in
northeastern Wisconsin were contaminated by manure or other byproducts
of producing milk, such as whey. The thin top soil and shallow bedrock
common in northeastern Wisconsin, including Door and Kewaunee Counties,
makes the area susceptible to groundwater contamination.
Three months after the Tremls filed suit, the State of Wisconsin filed
a separate lawsuit in Kewaunee Count Circuit Court, which focused only
on Stahl's discharges of manure to School Creek and for failing to meet
the requirements of Stahl's DNR-issued pollution discharge permit. The
Tremls intervened as plaintiffs in the State's lawsuit to ensure that
the outcome of that case would not undercut their efforts to enforce
Stahl's discharge permit in federal court.
In addition to compensation to the Tremls, Stahl will also be required
to pay up to $100,000 in civil penalties to the State of Wisconsin for
violating his water pollution discharge permit. The settlement requires
Stahl to implement approximately $200,000 worth of environmental
improvements at the concentrated animal feeding operation, including
enlarged manure storage structures, runoff control measures, and feed
runoff containment systems.
Neither Steven Means or David A Crass, Stahl attorneys for the Glen Stahl Farm were available for comment at deadline Tuesday.
702 E. Johnson St., Madison, WI 53703
Telephone 608.251.5047 Fax 608.268.0205
E-mail: advocate@midwestadvocates.org Web: www.midwestadvocates.org
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