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Kinnard Farms CAFO expansion water pollution permit challenge

— Citizens of the Town of Lincoln, Kewaunee County are concerned that the Kinnard Farms Inc. plan to manage 70 million gallons of untreated animal waste doesn’t protect groundwater from contamination.

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Attorneys have filed all briefs related to this case. The briefing schedule followed  the February contested case hearing in Green Bay in which five petitioners made their arguments that the plans for the Kinnard Farms Inc. expansion do not adequately protect surface water and groundwater from the industrial dairy’s production and disposal of 70 million gallons of liquid manure and other waste. Midwest Environmental Advocates filed the final brief on behalf of the petitioners on June 27, 2014. State Division of Hearings and Appeals’ Judge Boldt then has 90 days to decide the outcome of the case.

In this case, petitioners asked Judge Boldt to find certain terms of the Kinnard water pollution permit unreasonable. The Wisconsin Department of Natural Resources issued the WPDES permit without having all required information, including, among other things, information related to the waste storage facility and the manure management building. Kinnard Farms, Inc. spreads manure and other waste on fields located over porous, karst soil, and petitioners argued that it is unreasonable for the DNR to have issued the permit without having all the necessary information it needed to determine whether there are sufficient conditions to ensure water quality standards will be met.

Petitioners who are already living with drinking wells with too much contamination also argued, given that the site is highly susceptible to surface and groundwater contamination, it is unreasonable that the DNR did not include numeric wastewater discharge limits or surface water monitoring and/or groundwater monitoring at the site. Petitioners asked Judge Boldt to include an animal unit limit in the permit and that Kinnard base its crop yields on county averages, rather than its own recorded averages. Nutrient management plans with very high yield goals can only be achieved through the over-application of manure on fields, resulting in surface and groundwater contamination.

This case has the potential to help hold our state accountable for taking science-based, meaningful steps to protect our water from the pollution caused by the mismanagement of livestock manure. Industrial livestock operations create waste just like other industrial pollution sources. They need to be regulated like other industrial point sources across the state, with strict discharge limits and monitoring oversight.

For documents related to the contested case hearing, see the resources section below. For links to media coverage of the hearing, see below or connect with us on Facebook, Google + or follow @MidwestAdvocate on Twitter.

Case Summary

In October 2012, neighbors of the proposed expansion of a large, concentrated animal feeding operation (CAFO) filed a petition with the Wisconsin Department of Natural Resources (DNR) to request a review of the water pollution permit issued to Kinnard Farms Inc. in the Town of Lincoln, Kewaunee County, Wisconsin.

Petitioners are concerned that an expansion of Kinnard’s industrial dairy will produce so much farm waste that its plans to manage, store, and spread manure on area land will result in runoff into area surface and downstream waters, and will contaminate the groundwater on which the families rely for drinking water. The DNR issued the permit before the CAFO’s design plans for the expanded facility were complete and reviewed and approved by the DNR. This denied the public’s right to review and voice their concerns about the expansion and hampered the agency’s ability to determine whether additional conditions or monitoring were necessary to protect the area’s land and water. The agency also did not include a limit on the number of cows at the dairy, which is essential to an enforceable permit.

The five petitioners live near or share property lines with the proposed CAFO expansion and have deep concerns about the impact of the dairy’s waste management on the health of their families, their land and their water. Some have lived their entire lives in the rural town. To them, property means more than acreage. Their land is their home, where they have raised children, enjoyed recreation and wildlife, peace, quiet and fresh country air.

But they also understand the geological features of the Karst region, which has deeply cracked land that does not filter rain or runoff like other soils do and is particularly prone to groundwater pollution. Polluted groundwater is already a health concern for people who live in the area. According to Kewaunee County Land and Conservation Department records, 50% of private wells tested in the Town of Lincoln are unsafe to drink, either because they tested positive for total coliform bacteria or because they exceed groundwater quality standards for nitrates (for an interactive map of groundwater quality in Wisconsin, visit the Center for Watershed Science at UW-Stevens Point website). Further, for residents with asthma and chronic obstructive pulmonary disease, living near manure lagoons filled with the untreated waste from thousands of cows turns fresh, country air into aggravated health problems.

After citizens filed their petition with the DNR, the agency granted the request for a contested case hearing with the Wisconsin State Division of Hearings and Appeals. Kinnard Farms intervened and asked the Division to dismiss the case. The appeals division dismissed the request for summary judgment and a contested case hearing was held in Green Bay on February 11-14. Attorneys completed a briefing schedule and Midwest Environmental Advocates filed the final brief on behalf of the petitioners on June 27, 2014. State Division of Hearings and Appeals’ Judge Boldt now has 90 days to decide the outcome of the case.

Related Media Coverage

Mega-Dairy's Growth Plans Hotly Debated- Wisconsin Center for Investigative Journalism, Ron Seely, 2/14/2014

Kewaunee County DNR Permit Hearing Underway in Green Bay- Green Bay Press Gazette, Nathan Phelps, 2/12/2014

Public Can Comment on Kewaunee County Water Tonight in Green Bay- Door County Daily News, Rick Jensen, 2/12/2014

Kewaunee County Residents Challange DNR's Approval of Dairy Farm Expansion- Wisconsin Public Radio News, 2/10/2014

The hearing was also highlighted in the Wisconsin Ag Connection, Door County Daily News, Kewaunee County Star News and Green Bay Press Gazette, NBC 26 (with video) and Fox 11 (with video).

Disputed Expansion of Dairy Watched for Statewide Impact - Wisconsin Center for Investigative Journalism, Kate Golden, 2/8/2014, includes map of the concentration of permitted CAFOs in Wisconsin

Kewaunee County Residents Challenging Wisconsin Water Quality Code - Peninsula Pulse, Carol Thompson, 1/3/2014

Hormonal Wells Found in State's Karst Region - Wisconsin Public Radio, Kate Golden, 12/15/2013, includes interactive map with cattle/manure-to-cropland ratio by county

Manure Spills in 2013 the Highest in Seven Years Statewide - Milwaukee Journal Sentinel, Lee Bergquist, 12/5/2013

Kewaunee Families File Legal Action Against DNR - Peninsula Pulse, 10/26/2013

Explosion of CAFOs Cause for Concern in Kewaunee County - Peninsula Pulse, Robyn Mulhaney Op Ed, 8/23/2013

CAFO Expansion in Kewaunee Raises Concerns - Peninsula Pulse, Carol Thompson, 11/9/2012

The Costs of CAFOs - Peninsula Pulse, Carol Thompson, 8/31/2012

State Pits Water Quality Versus Commerce - Peninsula Pulse, Myles Dannhausen Jr., 6/9/2011