Okay, according to the recent survey here, I have a deadline. (Is this like a mandate of the people? Look at those survey results!) The Public Hearing for the "Permit Action" is December 3rd in Ripon, WI. The written comments "and suggestions shall be received no later than December 10th at the Basin Engineer’s office: Elizabeth Spaeth-Werner, 625 E County Road Y, Suite 700, Oshkosh, WI 54901.(Parenthetically, basin--I’m thinking toilet bowl. I hear a flushing sound. "Basin Engineer" get it!) The Announcement actually says "All comments and suggestions received from members of the public...will be used, along with other information on file and testimony presented at the hearing, in making a final determination." But I’m really suspicious this is the case. Here’s why:
- The Wisconsin Department of Natural Resources is not a regulatory agency. They only have enforcement responsibilities. And when the Chief (Secretary of Dept. of Natural Resources), who in this case is a political appointment, says "let them pass" that’s what happens.
- BigAg, in this case the Dairy Business Association, contributes a lot of cash to state representatives at all levels of government. (Marion Nestle, What to Eat, North Point Press. 2006) Read the entire "Dairy Section" it confirms my feelings about the dairy industry and politics.)
- Michelle Simon, Appetite for Profit, Nation Books. 2006 She wrote:
"When the government is complicit with corporations, it becomes increasingly difficult to distinguish between public and private interests.
And if I were to paraphrase here..."when the State’s top [resource protection] official invokes such rhetoric, the message is much more ominous. That’s when the government has essentially abdicated its responsibility to protect its citizens...It’s bad enough to have government do ‘nothing’ when it comes to trying to solve the mess we’re in, but when officials [of the WDNR] go from inaction to "helping further" corporate interests, that’s crossing the line that we cannot and should not tolerate. Ultimately Americans pay the high cost of government complicity." Appetite for Profit, page 164.
So,what would you say if you were writing a formal comment? Here’s a little more to consider--
Wisconsin has close to 200 CAFOs now. (The actual numbers are hard to find. There should be OPEN RECORDS about this and all things CAFO--more about this later.) Of course, Dairy rules, that is, of the 200 CAFOs, most Wisconsin CAFOs are Dairy CAFOs, so far. And NE Wisconsin Dairy producers continue to market their product as a necessary food sources with no cognizance that too much of anything is not a good thing for anyone. And among other intelligent, informed sources like Land and Water County Conservation Agents who recognize too many cows and their manure coupled with industrial wastes being spread throughout NE Wisconsin on karst topography is disastrous for our environment.
So why should this dairy be given a Permit? Do we need another one? And this one is a particular "pain" because of the way they choose to do business. They continue to use the credo: it’s easier to proceed without permission and then act indignantly about getting the permits, "why are you taking so long to give me permission?" And other complaints about the cost of compliance to the permit after they brag about how much "money we’re investing in our industry and saving the local economy."
So now they’ve applied for the Phase 2 portion of their Wisconsin Pollutant Discharge Elimination System (WPDES) or as otherwise known: Waste Permitted to Destroy Everyone’s Stuff--I know I should not kid. Their summer newsletter reports: "Construction has started on Phase 2 of the dairy with contractors busy pouring concrete for the 2nd barn. Unfortunately there’s not much work in the area, but we’re able to keep them busy on our site." They don’t mention, this work continues without regard for the 197 page Environmental Impact Study (EIS) that was done last year by the ecologists, environmentalists and scientists of the WDNR. (Those are the people we Wisconsinites pay a lot of money for their expertise in matters like these and expect their protection of our resources and public health.) No, there was no mention of that in the newsletter from CAFO-RD.
The Petition of PEPL (People Empowered Protect the Land) of Rosendale (btw, these are mostly neighbors) is still on the table with regard to Phase 1, as far as I know. There was a meeting scheduled with the attorneys of PEPL and the WDNR to remedy the items outlined in the Petition. This was to take place in mid-October. Then the Phase 2 Permit becomes a reality. I'm trying to get an update on how these issues were resolved.
The outstanding issues then: 1.) A legally deficient Nutrient Management Plan (NR243) including spreading on soils w/depth to groundwater less than 24 inches, the identification of drain tiles within the spreading areas. 2.) Discharging toxic waste (phosphorous-loaded) to already impaired (EPA 303d-listed) waters of the State. 3.) Absence of effluent limitations to comply with applicable State water quality standards. (NR283) 4.) No anti-degradation analysis as required by law. (NR207) 5.) Lack of sufficient water quality monitoring requirements to ensure compliance with its terms and conditions and compliance with state water quality standards. (NR283.55)
NOTE: Phase 1 was approved March 1, 2009. A notice of non-compliance was issued within sixth months of the permit issuance. This was the occurrence of land-spreading manure within 1000 feet of a public well. In this case the Town Chairman, Tracy Swayze determined spreading had occurred within 110 feet from the town well. This was acknowledged by the owners of CAFO-RD. The WDNR asked for a written response "describing steps taken to return to compliance and prevent this from happening again." (My comment: "It’s hard to take a bite when you don’t have teeth." We need stronger representation and much stronger enforcement. How about take away their subsidy payments.)
On October 1st The DNR was notified relative to SPREADING PRACTICES OF ROSENDALE DAIRY THAT MAY COMPROMISE THE PERMIT due to predicted rainfall. The two parcels of land involved include a field near the corner of Fletcher and County Road M - as well as a field on Custer Road off Highway 44. The Fletcher field has the characteristics of a slough and is a short distance from water that runs east under County M and meets with a wetland.
Storm Center wbay.com shows rainfall likely in this area by sundown and continuing Friday and Saturday - w/some possible showers Sunday and Monday as well.
WI Administrative Code NR243.14 indicates that "Manure or process wastewater may not be surface applied when precipitation capable of producing runoff is forecast within 24 hours of the time of planned application."
The DNR was requested to inspect these two fields and assess the probability of ponding and/or runoff. The response: "First, I cannot meet your request for site inspection. Second, I don’t know if a site inspection is warranted because, RD, as I understand, incorporates manure after many of their applications to ensure no manure runoff and to improve soil tilth/plant growth conditions. The requirement you list below is WI Administrative Code NR243.14 (2)(b)(13). This part of the code only applies to surface applications of manure. If RD incorporates manure, then they are not surface applying and this part of NR 243.14 does not apply. Last, what is the predicted rainfall amount in the weather forecast you cite? Is it 1/4, 1/2, 1, 3 inches? Obviously the larger the amount the higher the risk for precip causing runoff. For comparison and for FYI - please click on link below. This is same tool weather forecast RD has committed to using in its current NMP to monitor weather forecasts:
http://www.accuweather.com/...
When you click on Rain tab under Prob of Precip it shows a 90% chance for 3/4 inch rainfall in next 24 hours." (My comment: "I give you this so you can become informed investigators, too." If we understand the job being asked of our DNR we’ll better know how to help them do their jobs. Is this helpful to you? To be fair, CAFO-RD was in compliance to this regulation.
On a more recent occurrence, October 5th, it was noted that "bush-hogging in a field over cattails growing in standing water. This observation was at the intersection of Custer Road and Olden, on the east side of the ditch, identified as BaMashock 3. Whether or not RD intends to spread on this land and question the practice that appears to alter a wetland." The WDNR response to this: In order to make the most efficient use of Department staff time, it would be helpful if you would provide more detail and use terms familiar with the general population. I do not know what you mean by bush hogging. Providing pictures can also help us understand what you are talking about. For what distance are the cattails being cut? The map we have for that intersection does not identify it as either a mapped wetland or a navigable water so, in the area you have mentioned, the cutting of cattails would not constitute altering a wetland. There is mapped wetland further NE starting at the NE corner of BaMashock3. If you can provide pictures and a map outlining the area of cutting which shows the cutting is occurring in a mapped wetland, that information should be provided to the wetland specialist for Fond du Lac County - Crystal Schiefelbein at: crystal.schiefelbein@ wisconsin.gov As I've emphasized before, please discuss concerns regarding the fields, feed storage and handling, or landspreading with Bill Eberle, Operations Manager at Rosendale Dairy. He can be contacted by e-mail at: beberle@milksource.net
This demonstrates how WDNR is enforcing Phase 1 of the permit. (Wait until the State of Wisconsin air quality standards are established and read how the EPA is enforcing those throughout the Upper Midwest, I digress.)
If you would like to see how CAFO-RD is growing, drive on Hwy M south of Pickett, it’s enormous. The countryside has changed. Maybe you can get a tour of the facility to see how the cows are treated. CAFO-RD’s newsletter says, "In April we reached full capacity of 4,000 cows and just over 40,000 gallons of milk, is now shipped daily. Rosendale Dairy supplies Foremost dairy co-op locations in Appleton and Green Bay."
So now you know more than you may have known, what comments would be effective for the WDNR to consider? Can you help me here? Lets's take a poll. And please send me serious comments.