Wisconsin Attorney General Josh Kaul announced earlier this month an agreement with Jon-De Capital, Inc. (Jon-De Capital) requiring it to pay $86,000 to resolve violations of Wisconsin’s wastewater laws at its concentrated animal feeding operation (CAFO) in Baldwin. The agreement was approved by the St. Croix County Circuit Court.
“CAFOs face significant fines when they fail to stop our water from being contaminated by manure,” said Attorney General Kaul. “Thank you to those at DNR and DOJ who are helping to protect clean water by enforcing our wastewater laws.”
The state alleged that Jon-De Capital allowed one of its manure storage facilities to overflow in September 2017 causing a discharge of manure to the Rush River and that Jon-De Capital discharged manure-contaminated water in May 2020 to a tributary to the Rush River. The state also alleged that Jon-De Capital failed to install permanent markers in its waste storage facilities in 2017; constructed a facility without approval from the Department of Natural Resources (DNR) in 2017; and stored manure in unapproved locations and facilities in 2017 and 2020.
After the May 2020 discharge, Jon-De Capital agreed to construct a new barn to prevent similar discharges in the future, and the DNR included that requirement in the Wisconsin Pollutant Discharge Elimination System permit reissued to the CAFO in 2021.
The agreement requires Jon-De Capital to pay $86,000 in forfeitures, surcharges, court costs, and attorney fees.
Because this compromise was reached prior to the commencement of a civil action, requirements of 2017 Wisconsin Act 369 do not apply.
Wisconsin Department of Justice (DOJ) Public Protection Unit Assistant Attorney General Emily M. Ertel represented the State of Wisconsin. DOJ worked closely with the DNR to obtain this result.