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Dairy cattle confined and grazing on hay.

Wisconsin residents take legal action against dairy CAFO

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Judith Ruiz-Branch

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(Wisconsin News Connection) Some northeast Wisconsin residents are challenging a wastewater permit issued by the state to a large dairy operation.

The Wisconsin Department of Natural Resources reissued the wastewater permit to Pagel's Ponderosa Dairyin August. Petitioners are now requesting the State Division of Hearings and Appeals to review the terms for water monitoring and limits on the number of animals.

Adam Voskquil, attorney for Midwest Environmental Advocates, said the DNR has the authority to protect communities.

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"We've been pushing for a few years now to see them use that more often, and this is one of those instances where they didn't do enough," Voskquil contended.

A 2021 Supreme Court ruling allowed the DNR to include terms on groundwater monitoring and setting size limits on concentrated animal feeding operations. But with more than 330 of them across the state, Voskquil said the DNR has included the terms in only a handful of permits. A spokesperson for the agency said they cannot comment on ongoing litigation.

Pagel's Ponderosa Dairy owns about 20,000 animals between its two locations in Kewaunee County, and produces more than 100 million gallons of liquid manure it spreads across 10,000 acres of land. Voskquil argued the land is susceptible to contamination.

"Pagel's is kind of playing a shell game with transferring manure between their operations," Voskquil asserted. "There just needs to be some threshold, some limit, to the growth of this operation."

The DNR states concentrated animal feeding operations are required to spread manure on land set back from drinking water wells, sinkholes and fractured bedrock and cannot have any runoff to rivers and lakes, among other requirements.