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State case against Glen Stahl farm set for December trial


By Kevin Boneske
News-Chronicle

A Dec. 5 trial date has been set in Kewaunee County Circuit Court in a state case against a 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.

The family of Scott and Judy Treml, who lives near the farm, is being 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.

A Madison-based environmental law center, Midwest Environmental Advocates, has been representing the Tremls, who have also filed a federal suit against the farm alleging violations of the Clean Water Act.

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 that 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.


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