Kinnard Farms in Casco is taking its dispute over its most recent pollution discharge permit from the Wisconsin Department of Natural Resources to court. The dairy farm is suing the Wisconsin Department of Natural Resources for its requirement of installed groundwater monitoring systems and placing a limit of approximately 8,000 cows on the operation.
In the complaint filed with the Kewaunee County Circuit Court and retrieved by Wisconsin Public Radio, Kinnard Farms says the monitoring systems carry an initial investment of tens of thousands of dollars plus an annual cost for experts to obtain the data required. The complaint also states that the 8,000 cow limit does not allow for fluctuations in the current herd, let alone expansion. According to the original permit, Kinnard Farms showed no plans for expansion.
The suit comes about a month after the DNR issued the modified pollution permit to Kinnard Farms. According to the accompanying letter sent by CAFO Permit Coordinator Tyler Dix, permit holders have 60 days to challenge it with a verified petition review. In the original permit, the Wisconsin Department of Natural Resources placed a maximum of 21,450 animal units (approximately 15,000 cows) on Kinnard Farms under the proposed permit that had a hearing last week. The farm is currently operated with 11,369 animal units (about 8,000 cows), approximately 1,500 less than what it proposed when it went through the permitting process in November 2017. One milking cow is equal to 1.40 animal units. The permit suggests the farm anticipates over 103 million gallons of manure and processing 2,045 tons of solid waste in 2022. The liquid manure production is less than what was reported in the 2017 application by nearly two million gallons. The new permit also shows Kinnard Farms operating on more land with over 16,200 acres under its nutrient management plan compared to 11,400 acres at the time of the 2017 permit. Last July, the Wisconsin Supreme Court ruled that the DNR could issue permit conditions on farms to protect water quality.
When the modified permit was approved in late March, opponents to the possible expansion efforts were relieved. Some of the neighbors have been involved in nine years of litigation to fight off previous expansions to protect water quality. Current groundwater monitoring data at Kinnard Farms from the DNR show that the levels of nitrates and bacteria are too high in the water near production sites.
Kinnard Farms President Lee Kinnard said in a statement after filing the lawsuit last week that “the Kinnard Farms family remains committed to regenerative agriculture and sustainability. On-farm practices such as planting cover crops, limited soil tillage (known as no-till), sand and water recycling, and more demonstrate our dedication to protecting groundwater in our community. We continue to invest in cutting-edge innovation to protect our environment.” Kinnard Farms is also a member of Peninsula Pride Farms, a farmer-led watershed group exploring different conservation methods to improve water quality and soil health. Clean Water Action Council President and Executive Director Dean Hoegger credited farmers with trying some of those strategies but said earlier this month that something needed to be done in the short term.
