By
Kevin Boneske
For The News-Chronicle
The
Wisconsin Department of Justice has filed a lawsuit in
Kewaunee County Circuit Court against a town of Luxemburg
farming operation for its alleged manure runoff.
The suit against the Glen Stahl farm cites 11 causes of
action alleging violations of state law. The case brought
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 DOJ is seeking an injunction requiring the 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 violations, and other
court costs and surcharges. The DNR earlier this year had sent
a "notice of violation" to the Glen Stahl farm. While the farm
has been the focus of an investigation into alleged runoff
problems reported from late February to early March along
Church Road in the town of Luxemburg, the suit cites alleged
violations dating back to Jan. 17, 2003. The farm obtained a
WPDES permit last year.
In addition to accusing the farm of having manure run off
from its application site onto adjacent properties and into
School Creek, the suit 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 been given 45 days to respond to
the suit, which was filed Sept. 28. A pending federal suit
filed this summer by a Madison-based environmental law center,
Midwest Environmental Advocates, accuses the Glen Stahl Farm
of violating the Clean Water Act. MEA has been representing
Scott and Judy Treml, who have alleged runoff from the farm
contaminated their home's well earlier this year.