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Family settles suit over bad water

Farm will pay total of $380,000 for contamination

By Paul Brinkmann
Gannett Wisconsin Newspapers
November 23, 2005

A Luxemburg family that was sickened by manure in its well in 2004 has agreed to drop lawsuits against a neighboring 900-cow dairy farm in exchange for a $380,000 settlement.

Scott and Judy Treml agreed to the settlement with Stahl Farms with the blessing of Midwest Environmental Advocates Inc., the Madison-based organization that represented them in court.

The group filed Tuesday for a court-ordered decree to confirm the settlement in Kewaunee County Circuit Court. Farmer Glen Stahl, his attorney, and the state attorney general's office also have signed the settlement agreement.

The Tremls' settlement comes at a time when the state Department of Natural Resources is considering new restrictions against wintertime spreading of manure for the state's largest farms.

Andrew Hanson, an attorney for Midwest Environmental Advocates, said the settlement shows the Tremls were right to stand up for clean water on their property. He said the case also shows that the state should adopt new winter spreading rules.

"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 water discharge permit, and make $200,000 in drainage improvements and manure storage on his farm.

The Tremls' 80-acre property on Church Road is adjacent to Stahl Farms, which received a state permit in 2003 to operate a farm that exceeds the state's 1,000 animal-unit threshold.