Judge allows Tremls to intervene in state case against Glen Stahl farm By Kevin Boneske For The News-Chronicle Kewaunee County Circuit Court Judge Dennis J. Mleziva has issued an oral ruling to allow a couple to intervene in a state suit against of town of Luxemburg farming operation accused of manure runoff. The civil suit against the Glen Stahl farm cites 11 causes of action alleging violations of state law. The case, brought by the state Department of Justice against the large-scale farm, which is required to operate under the conditions of its Wisconsin Pollutant Discharge Elimination System permit, had been requested by the state Department of Natural Resources. Mleziva ruled Scott and Judy Treml, who live near the farm, would be allowed to intervene on the issues raised in the state suit. The Tremls have alleged that manure runoff from the farming operation contaminated their home's well early last year. The judge stated the Tremls, who also have a federal suit pending against the Glen Stahl farm, met the criteria for intervening in the state case. But Mleziva noted the net effect of his ruling was not to consolidate the federal suit into the state case. Mleziva said the Tremls' interests are similar to the state's, but not identical. The judge requested an order be drafted and pleadings be submitted on the Tremls' behalf, prior to a scheduling conference taking place in the state case on April 22. A Madison-based environmental law center, Midwest Environmental Advocates, has been representing the Tremls. MEA attorney Andrew Hanson said the judge's order likened the Tremls' ability to intervene to a victims' rights case, in which more civil penalties could be sought than what the state might seek for damages. The DOJ is seeking an injunction requiring the Glen Stahl farm to comply with all applicable state hazardous substance and water pollution laws, forfeitures provided in state statutes for the alleged violations, penalty and environmental surcharges provided for in state law, reimbursement for the expenses of the investigation and prosecution of the alleged violations, and other court costs and surcharges. In addition to accusing the farm of having manure run off from its application site onto adjacent properties and into School Creek, the complaint also alleges a failure to notify the DNR of the manure discharge, failure to take actions necessary to restore the environment and to minimize the harmful effects of the discharge, failure to submit a required report to the DNR related to manure monitoring, failure to maintain daily logs of manure spreading activities and failure to submit a proper annual log. The Glen Stahl farm has acknowledged, in its answer to the charges, it didn't meet all record-keeping requirements, before June 1, and stated it "lacks knowledge and information sufficient to admit or deny" allegations related to complaints the DNR received about manure runoff. The farm also claimed it applied manure in accordance with a DNR-approved nutrient management plan. Hanson characterized the farm's response to the runoff charges as being legal nuances. He also noted the federal case, which alleges violations of the Clean Water Act, will be in a fact-finding phase through the end of May. While it was around late February to early March last year when the Tremls reported contamination to their well, Hanson said the couple has received assurances from the Glen Stahl farm it won't apply manure this winter on the "Wachal" field near the Tremls' home.