Rosendale Dairy: If approved, will be Wisconsin ’s largest factory farm

A planned 8,300 head industrial dairy is now being built just north of Rosendale , WI , in Fond du Lac County.  The Rosendale Dairy presently houses approximately 4,000 cows, and the expansion to full capacity is underway and expected to be completed in 2010.

 MEA, along with the law firm Garvey McNeil, is assisting a group of local citizens opposed to this new factory farm navigate the Wisconsin Department of Natural Resources’ complex permitting process and minimize the risk of environmental degradation.

These citizens, who have organized the grassroots group “People Empowered Protect the Land (PEPL) of Rosendale,” include residents and landowners within a few miles of the dairy’s location who have seen the widespread destruction of the natural landscape that has already taken place at the site.  The owners of the Dairy built the massive complex with abandon, ignoring DNR permitting requirements and using their lobbyists to try to influence the DNR’s environmental review process.  PEPL of Rosendale is concerned that the factory farm’s manure storage and disposal practices, hazardous air emissions, groundwater withdrawals, and truck traffic will jeopardize their clean air and drinking water.

The sheer scale of Rosendale Dairy is unprecedented in Wisconsin. The new factory farm will produce and store over 90 million gallons of manure and wastewater each year; only the cities of Milwaukee and Madison produce more biological waste.  Yet unlike these municipalities, the dairy will store the untreated manure in open lagoons before spreading it – still untreated – on area cropland.  Additional impacts from the dairy’s anticipated operations include:

  • Emissions of ammonia, a hazardous air pollutant, at levels exceeding the State standard for ambient air quality;
  • Withdrawal of nearly 90 million gallons of groundwater per year from on-site high-capacity wells;
  • Heavy truck traffic, estimated to be nearly 20,000 truck loads per year (an average of 53 trucks per day);
  • Construction and paving of over 100 acres of formerly productive cropland  

Status:
On September 15, 2008, the DNR released an Environmental Assessment (EA) for Rosendale Dairy.  In preparing the EA, the DNR examined certain impacts the dairy is likely to have on the surrounding environment.

On October 14, 2008, MEA submitted written comments on the Environmental Assessment to the DNR, identifying numerous concerns and explaining why the EA is legally insufficient under the Wisconsin Environmental Policy Act.

Thanks in part to these efforts and the outcry of concern from local community members, on November 17 the DNR decided to prepare an Environmental Impact Statement to address the risks of air and water pollution from Rosendale Dairy.  This is the first time the DNR has prepared an EIS for a Concentrated Animal Feeding Operation (CAFO).

On December 14, the DNR released the Draft EIS, along with a Draft Wisconsin Pollutant Discharge Elimination System (WPDES) Permit, for Rosendale Dairy.  The DNR held a public hearing in Ripon on January 22 that drew a large crowd of opponents and supporters of the dairy, and accepted public comments on both the EIS and Draft Permit through February 4.

On behalf of PEPL of Rosendale, MEA and our colleagues at Garvey McNeil & McGillivray submitted detailed comments to the DNR, identifying numerous errors, omissions, and inconsistencies in both the EIS and Draft Permit.  It is now incumbent upon the DNR to significantly revise the flawed EIS, and we expect the Draft Permit to either be denied or significantly modified, following further public involvement.

MEA has also prepared a 2-page Summary of Comments highlighting the major flaws in the DNR’s Draft EIS and Permit.
On March 1, 2009, the Wisconsin DNR issued the final EIS and granted a WPDES permit to Rosendale Dairy.  MEA is has reviewed the DNR’s responses to comments and the final issued documents and will confer with our clients regarding the situation. 

On April 28, 2009, MEA submitted a Petition for Review of the Rosendale Dairy WPDES Permit with the DNR on behalf of PEPL of Rosendale.  In the Petition, PEPL alleges that DNR failed to comply with state law requiring that the WPDES Permit ensure compliance with water quality standards for pollutants like phosphorus and sediment and complies with an “antidegradation” review process designed to prevent unnecessary lowering of water quality.  PEPL also asserts that the nutrient management plan submitted by  Rosendale Dairy does not meet state standards because the dairy utterly failed to identify subsurface tile lines and other drainage devices that can channel pollution to surface and groundwater, and the plan also improperly allows for the land-spreading of manure on fields that have a very shallow depth to groundwater.  DNR granted, in part, PEPL of Rosendale’s Petition and we expect to hold a contested case hearing in early 2010.

Update: The contested case proceedings have been stayed pending the Supreme Court review of the DNR’s petition of the Court of Appeals decision in MEA’s Fort James case.  Further action on the Rosendale Dairy WPDES permit is currently on hold.  Citizens continue to monitor plans and Rosendale Dairy's operations.

 

 


Resources

 

MEA's Petition and Request for Review of the Rosendale Dairy WPDES Permit

DNR’s Environmental Analysis on the Rosendale Dairy

MEA’s Written Comments on the Environmental Assessment

Citizens File Appeal of Rosendale Dairy Permit
Press Release
April 29, 2009

New Factory Farm in Rosendale Threatens Significant Impact to the Environment
Press Release
October 29, 2008

 
Media
 

Group Wants Rosendale Dairy Permit Reconsidered
FDL Reporter
April 30, 2009

Citizens Group Wants Rosendale Permit Reconsidered
Wisconsin Ag Connection
April 30, 2009

Local Activists Voice Concern Over Major Dairy Project
Wisconsin Public Radio
April 30, 2009

Rosendale Dairy Gets DNR Go-Ahead
Fox 11 News
March 3, 2009

DNR Okays Key Permit for Rosendale Dairy Expansion Project
Wisconsin Ag Connection
March 3, 2009

DNR Approves Expansion of Dairy Farm to 4,000 Head
Milwaukee Journal Sentinel
March 2, 2009

Expansion of Rosendale Dairy to 4,000 Cows OKed by DNR, Plans Call for Going to 8,000 Later
Fox 6 News
March 2, 2009

DNR Clears Large Expansion of Dairy Farm
Business Journal
March 2, 2009

DNR Approves Rosendale Dairy Wastewater Permit
FDL Reporter
March 2, 2009

Taking Care of Cows Business
Milwaukee Journal Sentinel
March 1, 2009

Rosendale Dairy Denied Variance
FDL Reporter
December 19, 2008

Rosendale Dairy Denied Variance
The Northwestern
December 19, 2008

Large Dairy Farm Faces Environmental Delays
Milwaukee Journal Sentinel
November 19, 2008

DNR Implements Tougher New Rules for Large Dairy Operation
Wisconsin Ag Connection
November 18, 2008

Rosendale Dairy Must Clear One More Hurdle
Oshkosh Northwestern
November 18, 2008

Full Environmental Impact Study Required on Huge Cow Farm
Capital Times
November 18, 2008

Dairy Group Object to Decision on Big Farm Near Rosendale
Capital Times
November 18, 2008

Farmer Looks to Expand to 8,300 Cows
Chicago Tribune
November 11, 2008

Dairy Farm Stirs Debate
Fox 11 News
November 11, 2008

Grass-Roots Group Fights Mega-Farm Operation
Oshkosh Northwestern
November 7, 2008

Environmental Group Concerned About Proposed 8,000 Head Dairy
Wisconsin Ag Connection
November 3, 2008

Proposed Factory Farm Would Be Largest in Wisconsin
Capitol Times
October 30, 2008

Keep An Eye On This Nearby Rural Issue
Blog: Jim Rowen - The Political Environment
October 30, 2008

New Factory Farm in Rosendale Threatens Significant Impact to the Environment
The Wheeler Report
October 29, 2008