Wisconsin Ag Connection - Kewaunee Co. Petitioners File Appeal of DNR CAFO's Decision

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Kewaunee Co. Petitioners File Appeal of DNR CAFO's Decision
Wisconsin Ag Connection - 10/13/2015

Five petitioners are continuing their effort to challenge the Wisconsin Department of Natural Resources' approval of a water pollution permit for an expanding livestock facility in Kewaunee County. Local residents filed an appeal this week of the agency's final decision to permit Kinnard Farms to operate without a limit on the number of animals in the facility or a requirement to monitor the conditions of groundwater where the company spreads manure offsite.

Sarah Geers, an attorney with Midwest Environmental Advocates, claims the petitioners had to take this action in order to save the drinking water in their community.

Last month, the DNR granted a petition filed by Kinnard Farms of Casco to receive its Pollutant Discharge Elimination System permit. The dairy was originally granted the permit in 2012, but it was contested by neighbors who feared the dairy's manure would contaminate their groundwater.

Administrative law judge Jeffrey Boldt ruled in late 2014 that the farm could proceed with a plan to expand from 4,000 cows to 6,200 if at least six monitoring wells are installed in the process. But Kinnard Farms felt the added conditions go beyond the DNR's authority and appealed. That prompted a recent ruling by the Wisconsin Department of Justice, which stated that such actions would violate Wisconsin law.

Geers says the DNR's decision to approve the permit disregards the original court decision and dismisses reasonable measures that would help protect the area's groundwater from more bacteria and nitrate pollution.

Meanwhile, Clean Wisconsin has also filed an appeal of the agency's decision, claiming the DNR's actions could set a precedent that will negatively impact groundwater protections throughout the state.

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