Environmental Groups File Legal Action Against DNR on West Bend CAFO
Concentrated animal feeding operation has operated for years without a permit.
Photo courtesy of Coburn Dukehart/Wisconsin Watch.
Two environmental groups filed a petition late last month challenging the Wisconsin Department of Natural Resources’ decision to grant a permit allowing a West Bend dairy farm to operate as a concentrated animal feeding operation (CAFO).
The dairy, Rob-n-Cin Farms, has been operating as a CAFO for several years without a permit. Under state law, CAFOs are required to obtain Wisconsin Pollution Discharge Elimination System (WPDES) permits, which regulate the pollution industrial activities such as factory farms are allowed to discharge into local waterways.
CAFOs are industrial farming facilities with more than 1,000 animal units — one animal unit is equivalent to a 1,000-pound cow. Rob-n-Cin plans to expand its herd from 1,300 cows to 2,000. After expanding, the herd will produce more than 18 million gallons of manure every year which the farm plans to spread on fields in Ozaukee and Washington counties.
In 2023, the DNR investigated the farm for operating as an unpermitted CAFO and issued a notice of noncompliance against the farm.
Since then, Rob-n-Cin has been going through the process to obtain a permit, drawing complaints from local residents and community groups. Those complaints include the farm’s failure to list two satellite locations where it plans to spread manure in its permit application, the lack of sanctions on the farm for operating unpermitted and the effect on local groundwater.
Residents are worried about the farm’s effects on the Milwaukee River watershed and the Cedarburg Bog, which is protected as a state natural area and national natural landmark.
On Nov. 26, the environmental-focused law firm Midwest Environmental Advocates filed a petition for a contested case review of the DNR’s permit approval on behalf of Milwaukee Riverkeeper and area residents. The residents include a nearby organic farm and neighbors of Rob-n-Cin.
The petition alleges that the DNR has not proven the expansion will comply with the state’s groundwater quality standards, particularly the limits for phosphorus and nitrates. The permit includes statements that the farm will follow statewide best practices for manure spreading but the petition argues that’s not enough and the DNR should have done more to prove the groundwater will be protected.
“DNR’s issuance of a permit relying solely on standard practices that are not intended to ensure compliance with groundwater quality standards is unreasonable,” the petition states. “This is particularly true in an area of high susceptibility where many members of the public raised credible concerns of groundwater contamination and examples of excessive nitrate levels. Rob-n-Cin needed to demonstrate, and DNR needed to find, that issuance of a permit would not lead to continued or widespread groundwater contamination in excess of established standards. Simply relying on default nutrient management practices without performing analysis or investigation was unreasonable.”
The petition also argues the DNR should require monitoring of the local groundwater after the expansion is complete, stating that state regulators can’t know if the farm is violating its standards if it isn’t tracking how the expansion affects the groundwater.
And the petition states that the DNR did not complete a sufficient environmental review before approving the permit.
“DNR conducted no substantive evaluation of environmental or socioeconomic impacts of the WPDES permit, including effects on groundwater, Cedar Creek, Mole Creek (a Class II trout stream), the Milwaukee River watershed, which is subject to an EPA-approved [Total Maximum Daily Load] for nutrients and sediment, or the Cedarburg Bog,” the petition states.
In a news release, MEA attorney Adam Voskuil said the DNR’s authority requires it to prove that the expansion won’t violate state water standards and it has failed to do so.
“State law is clear that the DNR is required to affirmatively determine — not merely assume — that Rob-n-Cin’s manure-spreading plan will not violate groundwater quality standards. Without off-site groundwater monitoring, there’s simply no way to obtain the data necessary to make that determination,” Voskuil said.
If the petition for a contested case hearing is granted, a hearing on the permit approval will be held by an administrative law judge. That decision would be appealable to the state circuit court system.
Environmental groups file legal action against DNR over West Bend CAFO permit decision was originally published by the Wisconsin Examiner.
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