DARLINGTON - A Darlington dairy farm manager is seeking reissuance of a permit less than two months after being found guilty of violating said permit.
Hen-Lin Dairy, now called Banis Borkeld Dairy LLC, located on St. Peters Road in Darlington township, violated Wisconsin's environmental laws related to the protection of navigable waters from pollution discharge.
The farm has 1,510 milking and dry cows and a small number of calves.
Linda Kenkhuis pleaded no contest May 15 to the charges. Lafayette County Circuit Court Judge William Johnston ordered Kenkhuis to pay $62,648 in forfeitures, court costs and investigation costs.
According to the civil complaint, in February 2005, employees of Hen-Lin Dairy, in violation of their Wisconsin Pollutant Discharge Elimination System (WPDES) permit, spread manure on snow-covered fields.
The manure flowed into an unnamed tributary to Madden Branch Stream when the snow melted shortly after spreading. The flow, according to Wisconsin Department of Natural Resources (DNR) basin engineer Mark Cain, led to a fish kill. Cain did not know how many fish perished due to the manure runoff.
The complaint also charged the defendants with failing to submit required reports to the DNR.
Cain said the dairy didn't lose its permit because of the fish kill.
"When something like that happens, we don't pull the permit, we just refer the case to the DOJ (Wisconsin Department of Justice)," Cain said. "Once it's settled, we can reissue the permit."
Kenkhuis must attend a public hearing before her permit is reissued. That hearing will take place at 1 p.m. Monday, Aug. 4, at the First Banking Center's downtown community room, 15815 Wisconsin 81 in Darlington.
According to the DNR, a reissued permit will include updated requirements, such as increased monitoring and sampling, a Phosphorus-based manure management plan, headland stacking provisions and limits on winter manure spreading.
The judgment against Kenkhuis requires her to retain a professional nutrient manager to oversee compliance with WPDES permits and to delay herd expansion until permit compliance can be demonstrated for one year.
Kenkhuis also agreed to a list of penalties for any future violations of the permit or related state laws.
Hen-Lin Dairy, now called Banis Borkeld Dairy LLC, located on St. Peters Road in Darlington township, violated Wisconsin's environmental laws related to the protection of navigable waters from pollution discharge.
The farm has 1,510 milking and dry cows and a small number of calves.
Linda Kenkhuis pleaded no contest May 15 to the charges. Lafayette County Circuit Court Judge William Johnston ordered Kenkhuis to pay $62,648 in forfeitures, court costs and investigation costs.
According to the civil complaint, in February 2005, employees of Hen-Lin Dairy, in violation of their Wisconsin Pollutant Discharge Elimination System (WPDES) permit, spread manure on snow-covered fields.
The manure flowed into an unnamed tributary to Madden Branch Stream when the snow melted shortly after spreading. The flow, according to Wisconsin Department of Natural Resources (DNR) basin engineer Mark Cain, led to a fish kill. Cain did not know how many fish perished due to the manure runoff.
The complaint also charged the defendants with failing to submit required reports to the DNR.
Cain said the dairy didn't lose its permit because of the fish kill.
"When something like that happens, we don't pull the permit, we just refer the case to the DOJ (Wisconsin Department of Justice)," Cain said. "Once it's settled, we can reissue the permit."
Kenkhuis must attend a public hearing before her permit is reissued. That hearing will take place at 1 p.m. Monday, Aug. 4, at the First Banking Center's downtown community room, 15815 Wisconsin 81 in Darlington.
According to the DNR, a reissued permit will include updated requirements, such as increased monitoring and sampling, a Phosphorus-based manure management plan, headland stacking provisions and limits on winter manure spreading.
The judgment against Kenkhuis requires her to retain a professional nutrient manager to oversee compliance with WPDES permits and to delay herd expansion until permit compliance can be demonstrated for one year.
Kenkhuis also agreed to a list of penalties for any future violations of the permit or related state laws.