Kewaunee County addresses manure spill

KEWAUNEE – Early morning on Jan. 9, a manure spill was observed at an agricultural field owned by El-Na Farms to an intermittent stream that connects to Rio Creek. Cleanup efforts by the DNR began immediately, but so did public concern.

The Kewaunee County Land and Water Conservation Committee met Jan. 13, where several citizens shared their displeasure regarding the runoff. Sixteen members of the public were in attendance, and six shared public comments, specifically addressing why manure had been applied at the time it was, whether the farm has sufficient 180-day storage and the need for stronger oversight as some felt the runoff was intentional, rather than a spill.

The Kewaunee County Board met on Jan. 20, where they also addressed the incident.
Brittiny Mueller, a Brown, Door and Kewaunee County DNR wastewater specialist, confirmed the application met NR 243 requirements when it was applied.

“Liquid manure was legally applied prior to the rain event because field conditions met NR 243 requirements at the time of application: Snow cover was less than 4 inches, the ground was not frozen (Per NR 243, “Frozen ground” means soil that is frozen anywhere between the first half-inch and eight inches of soil as measured from the ground surface. Under the definition of frozen ground, soil that is frozen to a depth of half an inch or less as measured from the ground surface is not considered frozen ground.) and the manure was successfully incorporated,” Mueller said.

While El-Na Farms was in compliance at the time of the manure application, the city had recently sent out a notice recommending farmers avoid such applications due to the incoming heavy rains.

According to Land and Water Conservation Director Davina Bonness, “Our office did send the operation an email that stated, ‘We just got the weather prediction for the next few days, and we’re looking to get greater than a half inch, up to one inch of rain, turning into snow, starting tomorrow morning, with the increased risk of runoff. Our office recommends waiting until after the rain has passed to haul manure. If you plan to haul, we recommend increasing setbacks and reducing rates as soils are most likely at or near saturation and the top few inches for a greater chance to move off site.”

The county received 0.7 inches of rain overnight on Jan. 8, and runoff and contamination was observed early morning Jan. 9. The DNR was immediately notified and cleanup began.
“El-Na Farms LLC was in noncompliance once the manure discharged from the field,” Mueller said.

The farm faced similar scrutiny after a manure spill in 2016.

The DNR is handling cleanup and water sample analysis. The board emphasized continued education and best management practices. The DNR will issue fines based on water sample results, which they will share with the county. The county can then also issue fines under Chapter 39 and NR 243.

“With the forecasting tools and technologies currently available, this event was preventable. As such, the department will take appropriate action against its authority,” Supervisor Aaron Augustian said. “Any actions taken by the Department of Natural Resources will be handled independently by that agency. The committee and this department remain committed to moving forward with science based decision making when making new policies and ordinances. Protecting water quality remains a priority, and we will continue working with producers, partners and the public to uphold that responsibility.”

When asked for comment, farm co-owner Lonnie Fenendael stated, “El-Na Farms is working closely with county and DNR officials at this time.”