Kinnard Farms Permit Application Hearing
Date: 09/09/2022
Time: 9:30 a.m. - End of Agenda
Location: Virtual
On March 25, 2022, the Department of Natural Resources (DNR) issued a modified Wisconsin Pollutant Discharge Elimination System (WPDES) Permit, No. WI-0059536-04-2, to Kinnard Farms Inc. The permit was issued to regulate the discharge from a livestock operation located at E2675 County Hwy S, Casco, Wisconsin, which would discharge into unnamed tributaries within the Kewaunee River Watershed, Lake Michigan Drainage Basin, and groundwaters of the state in accordance with the effluent limitations, monitoring requirements, and other conditions on the management and utilization of manure and process wastewater specified in the permit.
On April 27, 2022, Kinnard Farms Inc. filed a Petition for a Contested Case Hearing with the DNR to review the decision to reissue the modified WPDES permit to Kinnard Farms Inc. pursuant to Wis. Stat. § 283.63.
By letter dated April 29, 2022, the DNR granted the request for contested case hearing and limited the hearing to the following issues:
- Whether the animal unit maximum of 11,369 provided in Section 1.1.1 pf the Permit is reasonable (Petition issue one).
- Whether the requirement to conduct groundwater monitoring at land application sites provided for in Section 2.1.2 of the Permit is reasonable (Petition issue two).
- Whether the frequency for groundwater monitoring at land application sites provided for in Section 2.1.2 of the Permit is reasonable or necessary (Petition issue three).
- Whether monitoring at least two land application sites as provided for in Section 3.10 of the Permit is reasonable or necessary (Petition issue four).
- Whether the deadlines for submitting Phase 1 and Phase 2 groundwater monitoring plans provided for in Section 3.10 are reasonable or necessary (Petition issue five).
On June 24, 2022, the Division of Hearings and Appeals received, for filing, a request for hearing from the DNR. The parties have conferred and agreed to a date for a prehearing conference.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a prehearing conference on the above-captioned matter pursuant to Wis. Stat. § 227.46(1), Wis. Admin. Code Ch. NR 203, Wis. Admin. Code §§ NR 2.08(5) and 2.12 at 9:30 a.m. on Sept. 9, 2022, via Microsoft Teams. Interested persons may request an email invitation to the Teams Video Conference by contacting the Division of Hearings and Appeals at (608) 266-7709. Alternatively, those interested in participating may participate by telephone by calling 608-571-2209 and entering Meeting ID 232 190 194#.
Any person, organization, or governmental unit wishing to become a party to this proceeding must attend the conference personally or by an authorized representative. The purpose of the prehearing conference will be to identify parties to the proceeding, simplify or clarify the issues which may be contested at the hearing, identify witnesses, discuss the exchange of exhibits, establish a discovery schedule, and address any other matters as may aid in the disposition of the action, and schedule a date for the contested case hearing. No testimony will be heard at the prehearing conference. However, a date may be selected for a contested case hearing.
Pursuant to Wis. Admin. Code § NR 203.136(d), the DNR may modify the permit if the DNR and the Petitioner enter into a signed stipulation to resolve the contested case hearing and the stipulation specifies a change to the permit term or condition that was the subject of the contested case hearing.
If a contested case hearing is scheduled, it will be a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a). The procedures set forth in Wis. Stat. § 283.63(1)(b) and the procedures relating to contested cases set forth in Wis. Admin. Code Ch. NR 203 and Ch. NR 2 will be followed. Said procedures will closely resemble those that are normally followed at a trial in State circuit court. All parties are advised that they have the right to seek the aid and assistance of legal counsel and to be represented by legal counsel at the contested case hearing.
The permits, petitions and other information relating to the petitioner are on file and may be inspected and copied at the offices of the Department of Natural Resources, 101 South Webster Street, Madison, Wisconsin, between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. Copies of documents on file for the applicant may be obtained by writing to the Department of Natural Resources, WPDES Permit Section, P.O. Box 7921, Madison, Wisconsin, 53707-7921. Reasonable costs will be charged for copies of all information excluding public notices and fact sheets.
Pursuant to the Americans With Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please call the Division of Hearings and Appeals at (608) 266-7709 with specific information on your request prior to the date of the scheduled prehearing or hearing.
