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Manure spill cases move to Justice Department
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Posted April 7, 2006

County may put manure referendum on ballot

Measure would allow stiffer fines for those who violate county spreading regulations

By Ed Byrne
Gannett Wisconsin Newspapers

MANITOWOC — Stiffer fines could await those who violate Manitowoc County's manure spreading regulations if a proposed referendum passes in the fall election, according to Tom Ward of the county Soil and Water Conservation Department.

Ward outlined several proposed changes to the animal waste ordinance Thursday at a seminar on minimizing manure contamination. About 100 people attended the seminar at the County Office Complex. It was followed by a tour of farm sites in northeast Manitowoc County.

The referendum would ask voters to increase fines for violations of the county ordinance, including up to $10,000 for a manure spill that results in death of fish or aquatic life.

The fines would double for a second offense within two years. Those who refused to pay would face up to 30 days in jail.

The new rules would:

  • Require that manure spread on farmland be incorporated into the soil if it is near a sinkhole.

  • Require closing and cleaning any manure storage facility that hasn't been used for two years.

  • Require that a new manure storage facility be inspected and issued a "certificate of use" by the county before it is put into operation, and only with an approved nutrient management plan.

    Fines for a leaking manure storage facility would range from $250 to $500 on the first offense and from $500 to $1,000 on the second offense. The former minimum fine was $100.

    To be included on the fall ballot, the referendum would need to pass through several county committees and the Manitowoc County Board.

    Last week, two Manitowoc County diaries, Maple Leaf Dairy Inc., of Cleveland, and Sunnyside Dairy Farm LLC, of Valders, were referred by the Wisconsin Department of Natural Resources to the state Justice Department for possible legal action in alleged manure spills.

    Maple Leaf Dairy faces allegations of violating its wastewater discharge permit and hazardous substance spill management laws at its facility.

    Sunnyside Dairy Farm faces allegations of a failure to notify of a hazardous substance discharge and failure to minimize the effects of the spill into the environment.

    If found guilty of the allegations, the dairies would pay forfeitures for violations and additional penalties including costs for water remediation.

    The owners of Right Way Applications — Brandon Vogel and Nick Stoudinger — said that farmers hiring them to apply manure should identify land areas where manure should not be spread, such as sinkholes and near waterways.

    "Drivers should know where these areas are," Vogel said. "We also work at night and those areas need to be clearly identified so drivers can see them."

    Mike Wendt, with the Soil and Water Conservation Department, outlined best management practices for animal manure.

    He called for reduced application of manure in susceptible areas, creating barriers or buffers to keep runoff away from sinkholes and other karst features, timing of applications to reduce the possibility of runoff, and applying at least 50 feet from any well and 200 feet from any karst feature, sinkhole or drain tile inlet.

    Wendt said the Branch River Priority Watershed Project, which includes most of the Towns of Morrison (in Brown County) and Franklin (in Manitowoc County), has money to subsidize farmers' efforts to protect ground and surface waters.

    "We can pay 70 percent for nutrient management (planning), diversions, vegetative buffers and well abandonment," Wendt said. "But you need to do them now, because our Branch River program ends next year."

    The Pigeon River Priority Watershed, in southern Manitowoc County in the Town of Meeme, expires in 2009, Wendt said.

    Ed Byrne writes for the Wrightstown Post-Gazette.

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