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State case against Glen Stahl farm set for December trial
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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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