By Kevin Boneske
For The News-Chronicle
The Wisconsin Department of Justice has filed a lawsuit in Kewaunee County Circuit Court against a town of Luxemburg farming operation for its alleged manure runoff.
The suit against the Glen Stahl farm cites 11 causes of action alleging violations of state law. The case brought against the large-scale farm, which is required to operate under the conditions of its Wisconsin Pollutant Discharge Elimination System permit, had been requested by the state Department of Natural Resources.
The DOJ is seeking an injunction requiring the farm to comply with all applicable state hazardous substance and water pollution laws, forfeitures provided in state statutes for the alleged violations, penalty and environmental surcharges provided for in state law, reimbursement for the expenses of the investigation and prosecution of the violations, and other court costs and surcharges. The DNR earlier this year had sent a "notice of violation" to the Glen Stahl farm. While the farm has been the focus of an investigation into alleged runoff problems reported from late February to early March along Church Road in the town of Luxemburg, the suit cites alleged violations dating back to Jan. 17, 2003. The farm obtained a WPDES permit last year.
In addition to accusing the farm of having manure run off from its application site onto adjacent properties and into School Creek, the suit also alleges a failure to notify the DNR of the manure discharge, failure to take actions necessary to restore the environment and to minimize the harmful effects of the discharge, failure to submit a required report to the DNR related to manure monitoring, failure to maintain daily logs of manure spreading activities and failure to submit a proper annual log.
The Glen Stahl farm has been given 45 days to respond to the suit, which was filed Sept. 28. A pending federal suit filed this summer by a Madison-based environmental law center, Midwest Environmental Advocates, accuses the Glen Stahl Farm of violating the Clean Water Act. MEA has been representing Scott and Judy Treml, who have alleged runoff from the farm contaminated their home's well earlier this year.