Team created to address CAFO research in Polk County
An uncovered pile of salt/sand at the Town of Luck shop, with runoff carrying it into the nearby wetland. - Photo courtesy Brad Olson
BALSAM LAKE – Nearly a month has passed since the last meeting of the Polk County Environmental Services Committee with the next potentially to be held Wednesday, April 22, at the earliest.
 
The March 11 meeting included a discussion with Polk County Zoning Administrator Jason Kjeseth and environmental services division director Bob Kazmierski on progress with exploring options for concentrated animal feeding operations in the county.
 
Back in February the county board of supervisors voted to extend a six-month moratorium on swine CAFOs, after several county departments had worked to develop potential amendments to both the shoreland and land use ordinances for future licensing of any such facilities.
 
In addition, the moratorium extension requires that staff report to the full county board rather than the committee, as has been past procedure.
 
The ESC oversees the departments, with the exception of public health, that are working on the CAFO issue. Kazmierski told the committee March 11 that a team from across all divisions of environmental services as well as public health has been formed to move forward.
 
Specifically, the team consists of Kjeseth, conservation planner Eric Wojchik, community services division director Tonya Eichelt, county surveyor Steve Geiger and county health officer Brian Kaczmarski.
“We thought we would be proactive here and collectively, within that team, produce a document that’s specific and comprehensive to Polk County regarding this issue,” Kazmierski told the committee.
 
“We’ve been working on it as we go,” he added.
 
All materials that have been gathered thus far, including presentations, comments and reports, will be compiled for review and presentation. Any current policies and procedures that are relevant will also be included, but recommendations will be withheld.
 
Areas that will be covered are groundwater, surface water, public health and safety, and air quality.
“There is a lot of confusion and misinformation and lack of information,” said Kazmierski. “We’re trying to provide a broad view.”
 
Committee member Jim Edgell said he did not feel CAFOs would be a problem if they were all like the five now operating in Polk County.
 
“I just hope you’re not spinning your wheels,” he said to Kazmierski and his team.
 
Part of the process, said committee Chair Kim O’Connell, will be to find out exactly what the county can and can’t do regarding the regulation of CAFOs. Corporation Counsel Malia Malone already had some ideas.
 
“You can’t prohibit them,” she said, “but you can decide where it can be. You can’t make (the conditions) so onerous as to be prohibitive.”
 
Nonagriculture impacts 
Committee member Brad Olson shared information regarding things besides agriculture that negatively impact the ground- and surface water, air quality and public health and safety.
 
“There’s more than one culprit there,” he said, adding later that his intent is not to say that agriculture has no role, but that it’s just one part of the problem.
 
“This is everyone’s problem,” he said, “and everyone needs to work on it.”
 
One fairly common “culprit” is municipal wastewater overflows. Two years ago in Milwaukee, Olson said, 1.2 billion gallons of untreated sewage and stormwater discharged into Lake Michigan and the surrounding water. This is enough to fill a stream of 60-foot trucks and trailers, nose to tail, from Superior to Miami.
 
Statewide in 2018, not including Milwaukee, there were 388 overflows, in total, with an average overflow per county of 2.08 million gallons. Olson said that 391 mature cows, at 1,400 pounds each, would create 2 million gallons of waste per year.
 
“What would the reaction be if the 391 cows lived in the St. Croix or Apple rivers, and never left,” asked Olson. “Would there be concern?”
 
Lake Michigan supplies water for 48 million people in the United States and Canada, yet bacteria at Milwaukee’s South Shore Beach caused the beach to be closed for 60% of the summer days.
 
In Ashland, according to the DNR, more than 30% of samples collected from city beaches between 2014 and 2016 were over the federal E.coli standards.
 
Pharmaceuticals are another culprit, Olson said. “Most waste treatment plants were built in the ‘70s and ‘80s,” he said, “and even though most of those have been updated they still are not equipped or able to remove pharmaceutical residue that cannot be destroyed by natural bacteria.
 
“This leaves a certain amount of drug residue to pass through the system and into the water, causing contamination. There is no test to know what types of pharmaceuticals are passing through the (wastewater) systems. It is largely dependent on the drug, the (treatment) plant and the community.”
Use of salt and sand also contributes to ground- and surface water contamination, Olson noted.
 
In St. Croix Falls, 47 tons of sand and 591 tons of salt were used in 2018. In 2019, those amounts were 278 tons of sand and 629 tons of salt.
 
That means that, over the two-year period, the equivalent of 2.1 tons per day of salt and sand were applied to the roads. Agriculture is also one of the culprits, he said. In 2019 there were 99 total agricultural spills in the state, with 128 in 2019. These include all agricultural spills and are not CAFO-specific, he said.
 
In 2018, within the 18-county north region, five spills in 2018 released a total of 17,700 gallons of waste. This averages to just under 1,000 gallons for each county.
 
Six spills occurred in 2019, releasing 7,300 gallons total, or just over 400 gallons per county.
Polk County had no spills in 2018 and one spill in 2019, he said.
 
“As we go forward,” said Olson, “certainly no one group can fix all these problems. To get the job done right, everyone everywhere in our county is going to have to pitch in.”
DATCP speaks to committee about CAFO standards
SIREN – With meetings through mid-April canceled for both Polk and Burnett county governments, progress on gathering information for addressing potential concentrated animal feeding operations has been slowed down.
 
The last meeting of the Burnett County Large Scale Livestock Study Ad Hoc Committee was held Wednesday, March 11, with the March 25 meeting canceled and no other meetings scheduled at this time.
 
Katy Smith, plans and ordinances supervisor for the Wisconsin Department of Agriculture, Trade and Consumer Protection, spoke at the March 11 meeting to discuss the state’s siting law for large-scale animal operations and how it ties in with county ordinances.
 
The goal of the state’s siting law, she said, “was to provide a uniform mechanism for the local regulation of new and expanding livestock facilities.” Chapter 93 directs DATCP to create rules specifying standards for permitting, set forth in ATCP 51, and to establish rules governing the process.
 
Objectives are hard to balance, she said, because the rules are to be practicable and workable, protective of public safety, objective, based on scientific information, and balance the economic viability of farms while protecting community interests.
 
“This has created a particularly complicated framework,” she commented.
 
According to Smith, the state regulations allow “local permitting authorities to adopt more stringent standards if they are for the purpose of public health and safety.”
 
Burnett County, she said, has in place an animal waste and siting ordinance that was adopted in 2007 and applies to all unincorporated areas of the county.
 
ATCP 51 also establishes definitions that are used in the county ordinances, said Smith, as well as timelines, fees and notification of surrounding properties.
 
“This is supposed to trigger public process,” she said.
Siting is particularly contentious, Smith noted, and the entire process works best when neighbors are kept informed.
 
The county’s licensing ordinance incorporates all ATCP 51 standards but nothing more stringent, with a permit application fee of $500, which is lower than statutorily allowed.
 
It references standards in the USDA’s NRCS 590 Standards from 2005, Smith said, but not the updates that have been made since then. Since it doesn’t specifically cite the updates, she added, enforcing the updates could be challenged.
 
Standards established by the county that are more stringent than the state must be for the purposes of protecting water quality, she said. This is within the larger framework of something like soil or geologic conditions that require manure spreading precautions necessary to protect public and private drinking water.
These standards must be adopted into the ordinance before an application is made rather than in midstream, and they must be based on studies pertinent to the local area.
 
“More often than not,” Smith told the committee, “permitting jurisdictions choose not to adopt more stringent standards.
 
“Frankly, they are largely untested. If you were to be, say, sued by someone, the test of whether your standards would hold up would go to a court.”
 
Whether or not a siting ordinance is the most appropriate or desired vehicle for implementing a more stringent standard is a good question, said Smith.
 
Smith and the committee discussed the more stringent standards adopted in Kewaunee County’s 2004 groundwater ordinance. In that case, every town adopted a public health and groundwater protection ordinance under Chapters 59 and 92.11 of the state statutes.
Using 92.11, especially, is “a really good vehicle, when the public is on board,” said Smith, adding that it must be adopted by local referendum which means the public must be involved.
 
However, she said, each state statute or regulation used provides different options. She said the county needs to decide what its goals are and then determine how best to meet those goals.
 
DATCP is available to help, she said, if the county can come up with a scenario it would like to explore. Her office would then try to locate an existing ordinance that seems to match that scenario, talk with local authorities in the area that have enacted the ordinance and find out if there are any weaknesses or problems.
 
“As far as offering you legal advice on what you should do,” she added, “I can’t tell you that. I can’t act in the capacity of an attorney.”
DATCP speaks to Burnett County committee about CAFO standards
Urges county to determine what it wants and offers help to put it in place
 
SIREN – With meetings through mid-April canceled for both Polk and Burnett county governments, progress on gathering information for addressing potential concentrated animal feeding operations are being slowed down.
 
The last meeting of the Burnett County Large Scale Livestock Study Ad Hoc committee was held Wednesday, March 11, with the March 25 meeting canceled and no other meetings scheduled at this time.
 
Katy Smith, plans and ordinances supervisor for the Wisconsin Department of Agriculture, Trade and Consumer Protection, spoke at the March 11 meeting to discuss the state’s siting law for large-scale animal operations and how they tie in with county ordinances.
 
The goal the state’s siting law, she said, “was to provide a uniform mechanism for the local regulation of new and expanding livestock facilities.” Chapter 93 directs DATCP to create rules specifying standards for permitting, set forth in ATCP 51, and to establish rules governing the process.
Objectives are hard to balance, she said, because the rules are to be practicable and workable, protective of public safety, objective, based on scientific information, and balance the economic viability of farms while protecting community interests.
 
“This has created a particularly complicated framework,” she commented.
 
According to Smith, the state regulations allow “local permitting authorities to adopt more stringent standards if they are for the purpose of public health and safety.”
 
Burnett County, she said, has in place an animal waste and siting ordinance that was adopted in 2007 and applies to all unincorporated areas of the county.
 
ATCP 51 also establishes definitions that are used in the county ordinances, said Smith, as well as timelines, fees and notification of surrounding properties.
 
“This is supposed to trigger public process,” she said.
Siting is particularly contentious, Smith noted, and the entire process works best when neighbors are kept informed.
 
The county’s licensing ordinance incorporates all ATCP 51standards but nothing more stringent, with a permit application fee of $500, which is lower than statutorily allowed.
 
It references standards in USDA’s NRCS 590 Standards from 2005, Smith said, but not the updates that have been made since then. Since it doesn’t specifically cite the updates, she added, enforcing the updates could be challenged.
 
Standards established by the county that are more stringent than the state must be for the purposes of protecting water quality, she said. This is within the larger framework of something like soil or geologic conditions that require manure spreading precautions necessary to protect public and private drinking water.
These standards must be adopted into the ordinance before an application is made rather than in mid-stream, and they must be based on studies pertinent to the local area.
 
“More often than not,” Smith told the committee, “permitting jurisdictions choose not to adopt more stringent standards.
 
“Frankly, they are largely untested. If you were to be, say, sued by someone, the test of whether your standards would hold up would go to a court.”
 
Whether or not a siting ordinance is the most appropriate or desired vehicle for implementing a more stringent standard is a good questions, said Smith.
 
Smith and the committee discussed the more stringent standards adopted in Kewaunee County’s 2004 groundwater ordinance. In that case, every town adopted a public health and groundwater protection ordinance under Chapters 59 and 92.11 of the state statutes.
Using 92.11, especially, is “a really good vehicle, when the public is on board,” said Smith, adding that it must be adopted by local referendum which means the public must be involved.
 
However, she said, each state statute or regulation used provides different options. She said the county needs to decide what its goals are and then determine how best to meet those goals.
 
DATCP is available to help, she said, if the county can come up with a scenario it would like to explore. Her office would then try to locate an existing ordinance that seems to match that scenario, talk with local authorities in the area that has enacted the ordinance and find out if there are any weaknesses or problems.
 
“As far as offering you legal advice on what you should do,” she added, “I can’t tell you that. I can’t act in the capacity of an attorney.”
St. Croix County requests stronger DNR enforcement of factory farm violations
By Greg Seitz | stcroix360.com
A St. Croix County committee has requested the state take quick action in response to a series of manure spills at a Confined Animal Feeding Operation near the Willow River in western Wisconsin.
 
The move comes after a November 2019 incident in which manure was spread on a field and quickly ran off into a nearby trout stream, contaminating the water and killing minnows.
 
St. Croix 360 was the first media outlet to report the spill.
 
Last year’s spill was the fifth problem in three years from Emerald Sky Dairy, a 1,500-animal facility near Baldwin.
 
At its February meeting, the Community Development Committee unanimously approved a letter to the local Department of Natural Resources regulator, and sending copies to the Governor, DNR Secretary and other officials.
 
A persistent problem
“The [Community Development Committee] requests full and quick enforcement of manure application rules and statutes for CAFOs located in St. Croix County,” the letter reads. “The fines and measures taken for past violations are appreciated but they were not timely.”
 
The committee pointed out that previous violations at Emerald Sky Dairy resulted in insubstantial fines that came years after the spills, with multi-year payment plans for the offender. They said it meant there wasn’t a “cause and effect impact.” Most importantly, it does not seemed to have worked to prevent additional problems.
 
Emerald Sky Dairy’s state permit is up for renewal soon, and the officials said they hoped it could be an opportunity to improve the facility’s operations.
 
Committee members who spoke during the meeting said they support farming and understand the importance of the dairy industry, and even the benefits of spreading manure on fields as fertilizer. But they said this one particular facility, one of the only CAFOs in the region, has had repeated problems.
 
“It’s not saying that farming is bad in St. Croix County, it’s saying that there’s one particular one that has more problems than anybody else,” said committee member and county supervisor Judy Achterhof, who represents the area. “And nothing seems to be getting done about it, and the more people that know about it, maybe something will be done.”
 
Enforce existing rules
Enforcing current CAFO rules is also important as the state of Wisconsin discusses changing and possibly weakening or strengthening, its regulations for how such facilities can operate.
 
Committee chair and county supervisor Daniel Hansen said he had heard from a lot of citizens who are worried about Emerald Sky Dairy. In recent years, the committee has heard more public comments about the facility than any other livestock operation in the county.
 
“I would like to see a more vigorous enforcement of the rules that are in place,” said committee chair and county supervisor Daniel Hansen. “Some people call for more rules, some people call for different rules, I think that the rules we have are pretty good and that we just need to see them enforced.”
 
Hansen also said he thinks there needs to be more DNR presence in monitoring, educating and enforcing CAFO laws and permits.
 
“We need to have a more healthy relationship with the farmers, we need people in the field helping them follow the rules. Not cracking the whip, but following the rules,” Hansen said. “If there were more regulators in the field, it would be helpful to the farmers.”
 
The letter closed by asking the DNR to either respond to the concerns in writing, or attend a future committee meeting to discuss the issue.
WDA pulls support of bill changing livestock citing regulations
Polk supervisor opposes changed language that gives more local control STATEWIDE – The Wisconsin Dairy Association on Monday, Feb. 24, pulled its support of a bill that would change regulations concerning livestock siting and expansion. WDA was previously a strong advocate for SB 808 (AB 894), which was recommended for passage by the Senate Committee on Agriculture, Revenue and Financial Institutions in mid-February. A news release from WDA said it was “the power of a single word” that caused it to change its mind. Deep within the bill, the release stated, the word “and” was replaced with “or,” a change that would open the door to allowing local governments to use their zoning authority to stop farms from expanding. Quoted in the WDA news release is Brad Olson, a Polk County dairy farmer and county board supervisor. “In speaking on behalf of a handful of his hometown farmers,” the news release states, “he told lawmakers the proposed bill as written would mean ‘local units of government will not allow large agriculture to exist in their local areas.’” According to the news release, Olson told WDA that he sees firsthand in Polk County’s moratorium how local units of government will disallow large agriculture. “As time moved on, individuals and local towns now want all large agriculture stopped,” WDA quotes him as saying. “If local units of government have this control, agriculture in Wisconsin will soon dry up and blow away.” The news release goes on to say that the dairy industry “is under siege.” A four-year milk price recession, protracted trade wars, a punitive regulatory climate and anti-animal agriculture activists are leaving the industry “worn thin.” Other supporters of the bill are the Wisconsin Farm Bureau Federation, Dairy Business Association, Wisconsin Pork Producers Association, Wisconsin Towns Association and Wisconsin Counties Association.
CAFO permit process outlined at Burnett County
The Burnett County Large Scale Livestock Ad Hoc Committee meets the second and fourth Wednesday of the month. Shown (L to R) are committee members Craig Conroy, Duane Johnson and Kent Krause. Other committee members are Dorothy Richard, Nate Ehalt, Dave Grindell and Kevin Knauber. – Photos by Mary Stirrat
Moratorium extension likely
 
SIREN – Members of Burnett County’s committee studying the potential impact of concentrated animal feeding operations may be asking the county board for a six-month extension of the current moratorium.
A one-year moratorium was approved by the Burnett County Board of Supervisors last July, with the large-scale livestock ad hoc committee formed to gather information and learn the regulatory process before possibly making recommendations to the full board of supervisors.
 
Given the moratorium’s expiration date, the committee needs to present its report to the county board no later than June 11. Meeting Feb. 26, committee members agreed that a possible extension of the moratorium should be included on the agenda for their next meeting, March 11.
 
The committee continues in its “educational and regulatory understanding phase,” said Nate Ehalt, committee chair and county administrator. Speaking at the Feb. 26 meeting was Jeff Jackson, regional CAFO specialist with the Wisconsin Department of Natural Resources.
 
Presenting at the March 11 meeting will be a representative from the Department of Agriculture, Trade and Consumer Protection speaking on livestock siting law, followed by a hydro-geologist and a manure management specialist, both from UW-Extension, on March 25.
 
Jackson’s Feb. 26 presentation started with the basics of defining CAFOs and continued through the DNR’s application and inspection processes, as well as discussing methods of reporting and how violations are handled.
 
Right now, said Jackson, there are about 310 CAFOs in Wisconsin, with the highest density found in Brown and Manitowoc counties.
As the DNR’s specialist in western Wisconsin, Jackson covers Douglas, Burnett, Washburn, Polk, St. Croix, Pierce, Pepin and Buffalo counties. He is responsible for 25 of the large farms, which are all dairy with the exception of one hog CAFO and one turkey CAFO.
 
The permitting process, he said, is based on water-quality issues and is not affected by air, odor, animal welfare, noise or traffic issues. Siting is not considered, since that is under the jurisdiction of the Department of Agriculture, Trade and Consumer Protection.
 
CAFOs apply for a Wisconsin Pollutant Discharge Elimination System, or WPDES, permit, which has different requirements for new swine, veal or poultry operations than for dairy and beef operations.
Each, however, must have an emergency response plan, a mortality management plan, a nutrient management plan and a manure storage plan.
 
Nutrient management plans are required to indicate how much manure will be spread and where it will be spread. It is to take into consideration soil conditions, crops that are in the spreading area and what nutrients they need, the flow of surface water, and the proximity to navigable waterways.
 
The DNR does not require signed contracts with other landowners for property on which the CAFO plans to spread manure. However, said committee member Kent Krause, the Farm Services Agency does require it, and “the vast majority” of farmers follow this requirement.
 
Manure management plans are required to include a minimum of 180 days of manure storage capacity, although most of the farms Jackson works with have storage for 200 to 250 days.
 
County conservationist Dave Ferris asked whether there is any talk of requiring greater capacity, adding, “Our spreading window is so much narrower.”
 
Jackson responded that, at this point, there is no talk of increasing the capacity requirement.
 
Ehalt asked Jackson to provide information on the dates that existing CAFOs were established along with their manure storage capacity, to determine whether there are any trends to be found.
 
Other restrictions state that manure or process water (wastewater produced at the site) cannot be applied on areas of fields with a depth of less than 24 inches to bedrock or groundwater. It also cannot be applied to concentrated flow channels, such as grassy areas where surface water flows.
 
Manure or process water also cannot be surface applied when “precipitation capable of producing runoff is forecast within 24 hours of application.” This, noted Jackson, is left to the operator’s discretion, since 2 inches of rain in April is typically vastly different than 2 inches in July.
 
Each permit application must include a field restriction map, indicating navigable water setbacks, concentrated flow channels and other sensitive areas. It also must show where the operator plans to surface spread and incorporate manure, and how deep the bedrock is throughout the area.
 
Jackson discussed restrictions that are in place regarding winter application of both solid and liquid manure.
 
He also outlined the reporting process, noting that “self-inspections are a key component.”
 
Operators have daily, weekly, monthly, quarterly and seasonal inspection checklists they must complete and file with the DNR. Each is given a “CAFO calendar,” with each date showing the items to be inspected. A monthly summary must be completed that outlines any issues that have been found and how they have been, or will be, mitigated.
 
Specific types of noncompliance issues must be reported to the DNR within 24 hours.
 
In addition, plans for any structures built to control runoff or for feed storage or for manure storage, treatment or application must be submitted to the DNR for approval before construction.
Should anything be out of compliance, with no cooperation from the landowner, said Jackson, the DNR investigates and refers the issue to the Department of Justice. However, he added, this is rare and the operators typically want to resolve the issue.
 
Jackson summarized the process, saying that applicants must complete an application, a form calculating the number of current and proposed animal units, an aerial map of the area with soil/groundwater depths, surface flow and waterways outlined, a five-year nutrient management plan, calculations and supporting documents showing 180 days of liquid manure storage, and required engineering plans, specifications and evaluations.
 
A public hearing is held once all the documents are received, reviewed and approved. When Ehalt asked how those comments are taken into consideration, Jackson said that public comments have caused changes such as requiring groundwater monitoring and removing fields from nutrient management plans.
 
Regarding the Cumberland LCC operation applying for a permit in the town of Trade Lake, Jackson said that an application has been received but not all of the required supporting documentation. The DNR website indicates that the application, aerial site map and soil maps have been submitted.
 
He also had a “sit-down visit” and a visit to the site, Jackson said, but nothing has been done on the property.
 
CAFO application information, as well as existing and pending permits, can be found on the DNR website.
The next meeting of the Burnett County Large Scale Livestock Ad Hock Committee will be Wednesday, March 11, at 1 p.m., at the government center.
County extends CAFO moratorium, excludes in shoreland zoning
BALSAM LAKE – It was a rare Thursday meeting for the Polk County Board of Supervisors on Thursday, Feb. 20, reset so as not to collide with election activities the Tuesday prior.   With a room full of attendees, the board tackled the giant issue in the room, the possible moratorium extension, originally proposed as a month-by-month continuation, upon the current moratorium in place, regarding Concentrated Agricultural Feed Operations (CAFOs) which are currently under consideration. The issue drew several dozen attendees, a half-hour of commentary, a fair amount of clarification on language, and what it actually had the effect of doing, with several members of the public, and even a few supervisors, concerned that the moratorium was essentially just being extended a month, while others pushed for a solid, six-month timeframe unless the board was satisfied in the final CAFO study and result to end it early. “I put a thirty-day ticker on it, to make staff accountable,” supervisor Chris Nelson stated. “Take it out, I couldn’t care less.” The other clarification included an amendment that would exclude all county areas that fall within Shoreland Zoning, whether in towns that follow county zoning or not, which was a way to “offer the towns some protections,” according to supervisor Chris Nelson, who added the amendment. Both measures were clarified several times, and concerns that the month-by-month approach might hamper timeframes for more input or study, an amendment to change it to six months outright. Several supervisor weighed-in on the 6-month a proposal, and endorsed it, in spite of perceived lack of support for such controls. “If this passes, fifty percent of the city is off limits tomorrow (to CAFOs), plus an extension of the moratorium,” supervisor Brad Olson said. “Yet, somehow, I’m still on the wrong side of this issue!” Supervisor Doug Route offered amendments to make the proposal a six-month extension, beginning in April, by adjusting some language. Both measures, the six-month extension and the shoreland protections, survived discussions, and were approved unanimously, meaning the moratorium will be extended until mid-October, unless the board feels the need to end it early. As Supv. Olson stated, the shoreland zoning inclusions means that nearly half of the county land is technically off limits for a CAFO operation, regardless of local zoning or lack thereof regarding CAFO limits. In other board actions: — Administrator Vince Netherland noted that he has selected corporate counsel Malia Malone would be his deputy administrator, when he is absent or unable.  He also praised the board for their support of broadband expansion, stating that fully two-thirds of the county now has access to broadband. —- There was again discussion on the Atlas Dam, and whether to apply for a state grant to split the cost of maintenance and repairs. There was some concern that by applying for the grant they were obligated to the repairs, regardless of costs, up to $400,000 to the county. But there was clarification that simply applying does not tie their hands on the options, although several supervisor noted the grant language could read otherwise.  In the end, the board approved the application, but it was not unanimous. — There was a lengthy and heartfelt discussion on justice, sentencing and one particular case, brought forth by Sheriff Brent Waak. The case was one cited in the Leader in recent weeks about a man who was sentenced to nine months in jail after he allowed his mother to spend her final weeks of life in the restroom with a TV, after she had a stroke and refused treatment. She died in her own filth and covered in bedsore.  The discussion went far beyond the neglect case, and went into discussions on drug addiction, law enforcement and sentencing guidelines, often citing their own experiences, but no action was taken. 
Polk board to consider CAFO moratorium extension
Polk County Zoning Administrator Jason Kjeseth. – Photo by Mary Stirrat
New resolution prohibits CAFOs in shoreland districts
 
BALSAM LAKE – On the agenda of the Thursday, Feb. 20, Polk County Board of Supervisors meeting is a resolution that will extend the moratorium on swine concentrated animal feeding operations up to another six months, possibly bringing it to October before the moratorium is ended and any new regulations are put in place.
 
Supervisor Chris Nelson of District 4, town of Milltown and village of Balsam Lake, brought the resolution to the Wednesday, Feb. 12, meeting of the environmental services committee, which is recommending it to the full county board for approval.
 
Along with extending the duration of the moratorium, the resolution will prohibit the location of swine CAFOs in any area subject to the shoreland use ordinance.
 
“The potential for a swine CAFO (will be) limited to the agricultural property within the county that is subject to the comprehensive land use ordinance in order to maximize the protection of the county’s navigable waters,” the resolution states.
 
Nelson said he is hopeful that all county supervisors sign the resolution and approve it Thursday.
“We’re going on record as a county board to say if you’re going to build a swine CAFO in Polk County you can’t even come asking for a conditional use (permit) if it’s in a shoreline district,” he said.
 
This is what the public has been asking for, Nelson said, and supervisors who are not on the environmental services committee want the opportunity to pass this on to the committee.
 
“Hopefully you guys agree with that,” he told the committee. “Supervisors are hearing a lot of flak and we don’t have anything to do with this. It’s your baby.”
 
The committee, consisting of Supervisors Kim O’Connell (chair), Tracy LaBlanc, Jim Edgell, Doug Route and Brad Olson, along with citizen member Lyle Doolittle, voted unanimously to recommend approval by the full county board.
 
Working on possible amendments to both the shoreland protection and the comprehensive land use ordinances to license swine CAFOs, zoning Administrator Jason Kjeseth asked the committee how it would like county staff to proceed if the moratorium is extended.
 
No direction was given except that the committee will continue to discuss comments made at a Jan. 22 meeting of CAFO stakeholders and will look at state statute 92.15, which provides a loose framework for local regulation of livestock operations.
 
These items will be discussed at the committee’s March 13 meeting.
 
Kjeseth has already provided committee members with a summary of comments from the stakeholders as well as of a survey given to stakeholders. Results and comments can be found on the county website under the “ordinances proposed” link.
 
Some of the comments, he indicated, fall outside the realm of county authority. Others he discussed as additional conditions that could possibly be added to those already submitted as potential amendments to the comprehensive land use ordinance.
 
The committee agreed that, given the full agenda already set for its next meeting, further discussion on swine CAFOs will wait until March. The committee typically meets the second and fourth Wednesdays, but in February is meeting again Feb. 19 rather than Feb. 26.
'Right to Harm' to be shown at SCF Public Library
ST. CROIX FALLS - Through the stories of five rural communities, “Right to Harm” exposes the public-health impact factory farming has on many disadvantaged citizens throughout the United States. The film will be shown at the St. Croix Falls Public Library, 230 S. Washington St., on Monday, Feb. 10, from 6:30 to 8 p.m. Filmed across the country, the documentary chronicles the failures of state agencies and elected officials’ unwillingness to regulate industrial animal agriculture. The film features agricultural economist John Ikerd, who abandoned industry beliefs after a 14-year career as a livestock marketing specialist. After the farm crisis of the 1980s, he realized, “The farmers who were in the biggest trouble were the ones doing the things we so-called experts were telling them to do.” “Right to Harm” is an exploration that questions whether citizens are entitled to clean air and water, while examining the political issues that stand in the way of nationwide reform.
Manure from CAFO contaminates creek in St. Croix River watershed
Manure-laden water flows down Hutton Creek on Nov. 21, 2019. - Photo by WI DNR
WOODVILLE - According to a story posted Friday, Jan. 10, by stcroix360.com, waste from a confined animal feeding operation in western Wisconsin polluted a nearby creek in November, according to the Wisconsin Department of Natural Resources.
 
The story, by Greg Seitz, states the incident occurred after workers from Emerald Sky Dairy north of Woodville spread manure on a harvested cornfield as part of routine operations.
 
Within hours, the manure made its way to a ditch and then to Hutton Creek, a tributary of the Willow River in St. Croix County. The Willow River joins the St. Croix at Hudson.
 
DNR officers observed contaminated water flowing through the creek, and numerous dead minnows and small fish downstream. Water samples showed high levels of bacteria that indicated manure, and nutrient levels above state water quality standards.
 
“It is time to revisit the CAFO model and practices in our country,” said Kim Dupre, who is involved in protecting water in St. Croix County and first shared the spill report.
 
The story quoted a local resident, Virginia Drath, as saying it was the fourth time in less than four years the DNR was involved in addressing improper spreading or spills at Emerald Sky Dairy.
 
DNR CAFO specialist Jeff Jackson was at the farm on Nov. 20 for a routine inspection when manure was being spread. He noted that, while the field had been planted entirely in corn the previous season, it appeared to have once had grassy strips that let water move downhill through it and some of those old channels were making it easier for manure to move.
 
According to its website, Emerald Sky Dairy has a herd of 1,550 milking cows and produces 120,000 pounds, or 14,000 gallons, of milk each day. It employs nearly two dozen people. "The dairy collaborates with a number of local family farms in its nutrient management program," notes the website. "It works with local businesses and service professionals and, through its local purchases, local taxes and the impact of its employees, contributes to St. Croix County's economy."
Burnett’s CAFO committee hears from soil scientist
Using a sponge and a bucket of water, soil scientist Ed Taylor demonstrated to the Burnett County Large-Scale Livestock Committee how different size pores hold water in soil. – Photo by Mary Stirrat
SIREN – Tasked with determining what, if any, ordinance changes are required to address large-scale livestock operations in Burnett County, the large-scale livestock study committee continues to gather the needed information.
 
Authorized to “engage” qualified individuals, groups and firms to conduct research, analysis or studies, the committee most recently heard from a soil expert, and has scheduled presentations by state and local experts as well as a grassroots conservation organization.
 
At its Wednesday, Jan. 8, meeting, the Burnett County Large-Scale Livestock Study Ad-Hoc Committee hosted soil and wastewater scientist Ed Taylor, who provided an overview of soil composition and processes. He also presented a brief discussion on the soils of Burnett County and the pros and cons of liquid manure application.
 
Soils are complex and constantly changing, Taylor’s presentation emphasized. The materials that make up the soils, including both living and dead organic matter as well as inorganic matter, are always being worked on by water, weather, humans and animals.
 
In one handful of fertile soil, said Taylor, citing a 2004 article in Science magazine, there are more individual organisms than the total number of humans that have ever lived.
 
The composition of the soil, he explained, affects its fertility, stability and absorption/retention of water.
Sand, silt and clay are the three main types of soil particles. Each has a different range of sizes and the innumerable combinations of size and type determine soil texture. Some textures are more beneficial for holding and moving water and air, and for producing greater soil stability.
 
Glacial deposits 
Burnett County soils are all formed by glacial deposits, said Taylor, and are primarily sand. Windblown sand and silt overlay the deposits.
With primarily sandy soils, he said, water is more quickly pulled downward. Although the organic materials present in the soil have an impact, the general rule is that the larger the soil particles, the less water the soil holds.
 
Regarding the application of liquid manure, an important factor with large-scale livestock operations, Taylor noted that all aspects of the soil – particle size, pore size and porosity, soil aeration, organic matter, pH, moisture content, temperature and mineral content – all affect how it handles the application.
“Those things are always changing and fluctuating,” he said.
 
Benefits of manure application include an increase in the soil’s organic matter, nutrient supply and water. Risks include excess nitrates in the groundwater, growth of algae in surface water, and the transmission of diseases and parasites.
 
In general, he said, soils that minimize the risks are those that are fine, with a deep saturation level. Those with higher risks are those that are sandy and have a shallow saturation level.
Nick Ehalt, county administrator and a member of the committee, said that the presentation will better enable committee members to understand different soil types and how they work and which practices might be better or more detrimental to the soil. This will allow members to ask better questions when representatives of the Wisconsin departments of Natural Resources, and Agriculture, Trade and Consumer Protection speak at future meetings. Both the DNR and DATCP have authority over what local municipalities can implement regarding CAFO regulations.
 
Any regulations the county puts in effect for CAFO operations that are more stringent than state law provides for, said Ehalt, must be “scientifically defensible.”
 
Next speaker 
Speaking at the Wednesday, Jan. 22, meeting of the committee will be a representative from Wisconsin’s Green Fire, a grassroots organization that, according to its website, “supports the conservation legacy of Wisconsin by promoting science-based management of Wisconsin’s natural resources.”
Staff from the Burnett County Zoning and Land Services departments will present at the Feb. 12 meeting, and DNR staff will speak at the Feb. 26 meeting.
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