Lawmakers approve a settlement with large-scale Kewaunee County factory farm over manure pollution
MADISON – One of the state's largest dairy farms will pay a settlement without admitting fault over manure-spreading concerns in Kewaunee and Door counties between 2018 and 2020, after approval by the Legislature on Tuesday.
Kinnard Farms, a factory farm, agreed to pay $215,000 to settle a number of allegations of pollution stemming from the farm's handling of manure spreading, as well as failing to submit updated documents on storage facilities between 2018 and 2020.
The settlement also calls for Kinnard Farms to submit to the Department of Natural Resources plans for and complete upgrades to two waste storage facilities and a feed storage area.
The Legislature's Joint Finance Committee approved the agreement without debate. The money gathered from the settlement will be deposited into the state's general fund, according to the approval.
Kinnard Farms owner and operator Lee Kinnard said in a statement that the farms decided to settle rather than face a lengthy and costly dispute. He said the farms “look forward to pursuing state-of-the-art manure management technology.”
Kinnard is one of Wisconsin's largest dairy farms, housing about 8,000 cows. Kewaunee County, in northeastern Wisconsin, is home to 16 industrial farms and has been struggling with agricultural pollution for years after testing showed levels of contaminants in residents' private drinking water wells. The farms are known as CAFOs, concentrated animal feeding operations.
According to the settlement, there were a number of infractions investigated by the state, including:
Several applications of manure that resulted in ponding or runoff into nearby waters.
Manure applied to fields with shallow depth to the bedrock, risking groundwater contamination.
Manure applied too close to private wells.
Not including all necessary details in nutrient management plans.
Failing to submit timely engineering evaluations for a feed storage area, waste storage facilities and annual nutrient management plans.
Failing to identify restrictive features on maps for four fields in its nutrient management plan.
Kinnard is also involved in a lawsuit against the Department of Natural Resources, over permitting changes that limited the number of animals the farm could have to the current number, and required that the farm install groundwater monitoring wells to ensure that nutrients from manure spread on fields wasn't impacting the drinking water supply for people in the area.
While the farm is fighting the requirements, community members celebrated them last year, saying they felt like their voices and concerns were heard by the state.
Residents have sometimes experienced brown, foul-smelling water coming out of their taps and testing has shown elevated levels of ammonia and phosphorus in drinking water, both indicators of manure.
That lawsuit is pending, with no upcoming hearings scheduled.
CAFOs have become a controversial topic in particular because of the need to get rid of manure, and the risk to groundwater, which in many areas serves as the main source of drinking water.
In Kewaunee County, residents in the area around the farm have faced issues with nitrates in their drinking water, as well as issues with odors coming from the large farms. Other concerns are the lighting from barns, damage to roads by trucks entering and leaving the farms, and the treatment of animals housed at the operations.
Second farm settles case over not having permit to operate a factory farm
A settlement between Schiferl Farms and the DOJ was also approved Tuesday morning after the farm was found to be operating without a pollution discharge elimination system permit.
According to the settlement, the Wood County farm was large enough to require a permit but did not have one.
The farm will pay $35,000, and owners Randy and Alan Schiferl agreed to apply for a permit with the DNR.
Laura Schulte can be reached at leschulte@jrn.com and on Twitter at @SchulteLaura.
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This article originally appeared on Milwaukee Journal Sentinel: Kewaunee County dairy CAFO's legal settlement approved
