CAFO Settlement after Decade of Violations

A factory farm in Wisconsin has agreed to pay a $100,000 settlement after a decade of violations. The hazards of concentrated livestock operations to public health are becoming well documented, as evidenced in recent Forward Institute posts on this website. Forward Institute statement on this settlement follows (Press Release):

Wisconsin Factory Farm to pay Six Figure Settlement to State

                A stipulation entered in Kewaunee County Circuit Court on September 12, 2013 resulted in $100,000 in fines levied against Keith Duescher, owner of the former “Legendairy Farms” CAFO. After nearly ten years of violations which subjected neighbors, wetlands, and Lake Michigan to manure runoff contamination and toxic emissions, the defendant (Duescher) has stipulated to the facts in evidence and the fine levied by the State of Wisconsin.

“This case is a stark illustration of how factory farms in Wisconsin are a threat to people who simply wish to live free to breathe clean air and have clean water to drink. Factory Farm oversight and accountability to the people of Wisconsin is absolutely necessary to ensure quality of life and quality of our local farms.” 

The State case outlined violations committed by Duescher and Legendairy Farms resulting in significant impact to the community and the environment beginning in 2004:

1. Manure runoff discharged into navigable waters that feed into Lake Michigan, resulting in a significant threat to water quality in the Great Lake and local tributaries.

2. The failure of Duescher to comply with permit and monitoring requirements posed a significant threat to public and environmental health.

3. Duescher compromised, damaged, or destroyed numerous wetland habitats, even after multiple contacts with DNR specialists instructing him to remove material discharged into those wetlands.

4. The open burning of a demolished barn and plastic containers resulted in airborne emission of dioxin and asbestos, two highly toxic and hazardous chemicals.

5. A second open burning incident occurred 8 months after Duescher had been warned by DNR against open pit burning. 

The full text of the stipulation and order can be read here

:Legendairy Farms Stipulation and Order

Wisconsin’s legislature and state agencies have created rules and accountability for a good reason, and this case is an illustration of why. We need continued oversight of factory farms and their practices for three important reasons. First, we have a fundamental right to live our lives with clean water and air. Second, our food supply needs to be safe and clean. Finally, factory farms engaging in unscrupulous practices without regard for their negative impact on people, land, and water are a scar on the long heritage of the Wisconsin family farm as part of the community. 

While we appreciate the efforts of the Wisconsin Department of Justice and Department of Natural Resources beginning to enforce the law, that there is much more work to be done in this area. There is a significant amount of research demonstrating the need for oversight and enforcement of CAFO operations.

Duescher’s “Legendairy Farms” is now owned and operated by Ebert Dairy Enterprises LLC of Algoma, WI.

More than one in five wells tested “unsafe” in Kewaunee County recently

Results of recent private well-testing in Kewaunee County show over one in five wells are unsafe, testing positive for E Coli, Coliform, and Nitrates. The tests were conducted by a state-certified lab at the Kewaunee County Land and Water Conservation Department, and demonstrate a failure on the part of the DNR to protect the people of Kewaunee County and their water.

The Wisconsin Department of Natural Resources (DNR) has always protected the water we rely on for our very lives. Today, there is strong evidence that the DNR is failing the people of Kewaunee County, leaving the area’s water quality and availability to the whims of powerful corporate agriculture and factory farm interests.

Recent tests conducted on private wells in Kewaunee County show that 15% of wells tested positive for coliform, over 35% tested positive for elevated nitrate levels (12% tested higher than 10 ppm, considered unfit for any human consumption), and 22% were considered “unsafe” due to bacterial or nitrate contamination.

The well tests provide a snapshot in time for a set of wells on an annual basis, usually in the Spring or Fall. The testing has been ongoing since 2004. The full spreadsheet can be found at this link: Kewaunee Well Data

Forward Institute derived median levels of contamination from the nine years of testing data (from the Kewaunee County Land and Water Conservation Department) stratifying for weather conditions, which showed the recent test results to be consistent with the median levels. Of note is that under dry conditions, the percentage of unsafe wells is below the standard deviation, implying that runoff of applied manure is playing a significant role in the contamination. Also noteworthy is the absence of E coli under dry conditions. Under wet conditions, contamination levels increase, particularly E coli. Year-round random tests reported higher than the standard deviation of unsafe wells, implying that a larger random-sample, year-round study should be conducted to better understand the impact on local wells.

Wisconsin has laws that protect our water, and the DNR is looking the other way. Meanwhile, evidence continues to grow that factory farms contribute to contaminating what is a life necessity – water. Additional study and research on the impact of factory farm expansion on water and health should be required before additional permits are approved by the DNR.

Figure 1. Median Wells Testing Unsafe 8/2004 – 3/2013, Stratified by Total Sample, Weather Conditions, and Year-Round Point Samples.

Note: Vertical bars represent one standard deviation from the median of Total Daily Samples.

Table 1. Median Wells Testing Unsafe as Percent and Number.

	Total Tested	Median Tested	Median Unsafe	Median Unsafe %
Total Daily Samples	630	50.5	15.5	26.7%
Dry Conditions	101	31	5	21.7%
Wet Conditions	529	56	17	28.1%
Year Round Samples	86	86	28	32.6%

A Forward Institute posting from March examined the health concerns surrounding livestock density and the associated health risks, based on a Johns Hopkins study from early 2013.