DNR investigating “large” manure spill at Emerald Sky Dairy

By LeAnn R. Ralph

TOWN OF EMERALD — The state Department of Natural Resources is investigating a manure spill at Emerald Sky Dairy.

According to information provided by Andrew Savagian, Section Chief with the DNR’s Office of Communication, the manure spill is described as “large.”

“The spill occurred in late 2016 but was not reported until March 29,” Savagian said in an e-mailed statement.

Emerald Sky Dairy is classified as a Concentrated Animal Feeding Operation (CAFO).

A CAFO is defined as 1,000 animal units or more, which translates into 700 milk cows, 1,000 beef steers, 2,500 pigs that are 55 pounds or larger or 55,000 turkeys. A dairy cow is 1.4 animal units.

Emerald Sky Dairy’s current conditional use permit allows up to 3,400 dairy cows, or 4,760 animal units, and the existing operation has about 2,500 animal units or approximately 1,750 dairy cows.

Residents living in the Town of Emerald noticed in December what they described as a manure spill. The Tribune Press Reporter has attended two meetings at the Emerald Town Hall in the past several months, and both times, people talked about liquid manure “filling a ditch” near Emerald Sky Dairy.

“According to DNR staff, the majority of the [manure] release is contained in a wetland area, downslope from the farm’s waste storage facility,” according to Savagian.

“The wetland drains through a ditch and enters a storm water pond about 1,200 feet away. The storm water pond is impacted by liquid and solid manure, and the outlet has been closed to prevent additional impacts to a wetland area downstream from the storm water pond,” he said.

“Department staff are continuing to investigate the situation while working with the dairy and contractors to continue the cleanup of the spill and develop a long-term restoration plan,” Savagian said.

Self-reporting

“This is a prime example of the state’s flawed ‘self-reporting’ regulation of industrial farms,” said Kim Dupre, who lives near Emerald Sky Dairy and is a member of Emerald Clean Water For All.

CAFOs are required to have 180 days of storage for liquid manure at all times.

For their Wisconsin Pollutant Discharge Elimination System (WPDES) permits, CAFOs are self-monitored and self-reporting, and the reports are required to be submitted to the DNR.

The monitoring and reporting occurs on a daily, weekly, monthly and annual basis.

“Since no one was notified of this massive spill (at Emerald Sky Dairy), neighbors could not take precautions for their drinking water,” Dupre said.

The manure spill occurred more than three months ago, and area residents are encouraged to get their wells tested, she said.

The well at the Emerald Town Hall, across the road from Emerald Sky Dairy, has recently tested high in nitrates.

The U.S. Environmental Protection Agency sets the maximum contaminant level for nitrate in drinking water at 10 ppm, but a water test in January of this year showed the nitrate level at 26.8 ppm at the Emerald Town Hall. Another water test in February showed a nitrate level of 19.1 ppm.

More cows

While Emerald Sky Dairy’s current conditional use permit allows up to 3,400 dairy cows, an expansion proposed last year would allow up to 6,289 dairy cows (or 8,804 animal units).

According to Savagian, Emerald Sky Dairy submitted a preliminary application to the DNR in April of 2016 requesting the DNR modify the dairy’s WPDES permit to accommodate the expansion.

“The DNR is currently waiting for the operation to submit final application materials before it begins processing the modification request and making any decisions regarding the expansion,” he said.

As per state regulations, CAFOs like Emerald Sky Dairy are required to obtain WPDES permits, which are designed to ensure proper storage and handling of the manure from large-scale livestock operations.

Before Emerald Sky Dairy could expand, the facility also would need a conditional use permit from St. Croix County.

The application for Emerald Sky Dairy submitted to St. Croix County last year for a conditional use permit was incomplete and was returned to the applicant for additional information.

Before a decision could be made on the conditional use permit, the St. Croix County Zoning Board of Adjustment would hold a public hearing.

Moratorium

Concerns among St. Croix County residents about the effects of CAFOs on groundwater and surface water intensified after the proposal by Emerald Sky Dairy to expand the facility.

In response to a petition, the St. Croix County Board held a public hearing December 6, 2016, on a six-month moratorium for new large livestock operations or the expansion of existing operations along with forming a study group to assess the effects on groundwater and surface water.

The county received a petition September 6, 2016, signed by 283 residents of St. Croix County, asking the county board to pass a two-year moratorium on CAFO sitings and expansion until the “numerous and well-documented” threats to public health and safety could be assessed.

The county board’s community development committee, on a vote of three “yes” to two “no,” recommended the county board adopt an ordinance establishing a six-month moratorium to give the county time to study the impacts to groundwater and surface water.

Following the public hearing in December, the county board amended the ordinance for a moratorium and changed it to a resolution to form a study group without a moratorium.

The St. Croix County Board approved the resolution forming a study group in January and added language to complete the study within six months with the possibility of extending the study another three months if necessary.

The Ground and Surface Water Quality Study Group held its first meeting January 10 and has been meeting every two weeks since then.

A June 3, 2016, legislative audit report concerning the Wisconsin Department of Natural Resources referenced wastewater permitting and enforcement.

Kewaunee County, south of Door County and east of Green Bay, has 16 large dairies. A random sample of 320 wells revealed that 34 percent of those wells were contaminated with bacteria or unsafe levels of nitrate. The DNR failed to issue citations in 94 percent of those cases, according to the report.

Kewaunee County has “karst” bedrock made up of soluble rock, such as limestone, dolomite and gypsum, which allows contaminants to migrate more easily into the groundwater.

A number of areas in St. Croix County also have karst bedrock.

More info

Emerald Sky Dairy, formerly known as Emerald Dairy and formerly owned by John Vrieze, was sold to Todd Tuls, who owns large dairies in Nebraska and in Rock County near Janesville.

In response to an e-mail message sent to Savagian asking for information from the DNR about the source of the manure spill at Emerald Sky Dairy, the size of the spill and a timeline for the cleanup, Savagian replied, “unfortunately, due to the continuing DNR investigation, the statement we sent is all the information we can provide for the time being.”