Madison, WI— Today, Midwest Environmental Advocates (MEA) and Environmental Law and Policy Center (ELPC) filed a petition for a contested case hearing on a wastewater permit issued to Pagels Ponderosa, a Concentrated Animal Feeding Operation (CAFO) in Kewaunee County, Wisconsin.
The action was filed on behalf of Clean Water Action Council of Northeast Wisconsin, Friends of the Forestville Dam and a Kewaunee County resident whose private drinking water well has been contaminated by nitrates. The petitioners are concerned about the impact of Pagels Ponderosa’s manure management practices on the health of their families, their drinking water and the area’s lakes, rivers and streams.
The petition asks the Wisconsin State Division of Hearings and Appeals (DHA) to review the permit issued by the Wisconsin Department of Natural Resources (DNR) in August 2024. The DHA has the power to modify the permit or require the DNR to reissue the permit with stronger terms and conditions.
In 2021, the State Supreme Court affirmed the DNR’s authority to strengthen CAFO permits by including limits on herd expansion and requiring groundwater monitoring. Since 2021, the DNR has chosen to exercise that authority less than a handful of times.
“This case is about making sure CAFOs are held accountable to Wisconsin’s environmental laws by a DNR that isn’t afraid to exercise its authority,” said MEA Staff Attorney Adam Voskuil.
Pagels Ponderosa, one of the largest dairy operations in Wisconsin, has a herd of almost 7,000 mature dairy cows, along with an additional 2,000 heifers and 1,800 calves. The animals are housed in three separate facilities located within five miles of one another, all of which are in close proximity to the Kewaunee River. Together, the three facilities generate a staggering 100 million gallons of manure annually.
The agricultural fields on which Pagels Ponderosa spreads manure are located in an area of the state that is highly susceptible to groundwater contamination. The groundwater beneath the area is in a fractured carbonate bedrock aquifer—a type of karst geology characterized by shallow soils over fractured bedrock that allows contaminants at the surface to travel rapidly into and through groundwater.
“Before the final permit was issued, many community members who participated in the DNR’s public hearing process expressed concerns about the impact of Pagels’ manure spreading practices on our groundwater and surface water. But the DNR ignored our concerns and approved the permit without any meaningful changes to protect our water resources,” said Christine Reid of Friends of the Forestville Dam.
“If ever there was a case that warranted accountability and oversight, this is it. In addition to being one of the largest industrial dairy operations in the state, Pagels Ponderosa has a history of environmental noncompliance, including numerous manure spills and multiple instances of manure overapplication,” said ELPC Staff Attorney Kathleen Garvey.
“Kewaunee County continues to grapple with significant groundwater contamination. We are simply asking the DNR to start taking this issue seriously by imposing permit terms that are commensurate with the scope of contamination. Sticking with the status quo is not good enough,” said Dean Hoegger, Executive Director of Clean Water Action Council of Northeast Wisconsin.
###
