DATCP DECISION REVERSED
On May 16, 2008 the State Livestock Facility Siting Review Board reversed their earlier decision to not allow the license for the Roth hog CAFO near Wauzeka by a vote of 6 to 1. The original decision was in response to petitions filed by 29 neighbors of the CAFO to contest a decision made in January of 2008 by Crawford County to issue a license to the facility.
CSP is disappointed with this turn of events and believe it represents evidence that the Livestock Siting Law is not effectively protecting the rights of County residents to protect their own resources, particularly clean water.
Basically the earlier decision that the application was "incomplete, not credible and internally consistent" was re-considered due to a Petition for Reconsideration filed by the Roths stating that the original reversal was based on incorrect information. Board deliberations centered on the issue of whether or not the 590 standards for Nutrient Management included in the Livestock Siting Law had been met.
Concerns of the board mirrored those CSP had earlier brought to the County: Nutrient values which did not meet "book values" for similar types of swine Yields listed for crops that seemed too high Amounts of manure inaccurately figured for the 100 cow beef herd Questions regarding the actual number of animals figured Whether the number of spreadable acres was accurately figured and appropriate
In an apparent inability to decide these issues themselves based on the application "on its face" the Board decided to ask staff to explain some of the questionable areas of the Nutrient Management Plan. After walking the board through the complex "Snap Plus" computer program used to prepare the analysis for this standard, the staff specialist left the Board with the impression that the plan met the 590 standards and should be approved.
At a teleconference meeting earlier in the week eight pages of requests to file "amicus briefs" in favor of approval of the Roth application from the Wisconsin Farm Bureau, Wisconsin Pork Producers, Wisconsin Cattleman's Association and the Dairy Business Association were read by the Board. After reading the eight pages of requests along with thirteen pages from A.V Roth sent to justify his "Motion for Reconsideration" plus an 8 page memo in opposition to the Roth Motion from MEA, et al, the briefs were denied by the board. The motion for Reconsideration however was allowed and the decision outlined above was made at the following meeting on May 16th.
It is CSP's position that the County and DATCP Livestock Facility Siting Review process did not address the above flaws in the Roth nutrient management plan. We are preparing to present further evidence of this at hearings in the form of comments on the application for a Clean Water permit from the Wisconsin Department of Natural Resources which is necessary for the proposed expansion of the Roth facility to take place.
The neighbors have the right to appeal the decision to Crawford County Circuit Court.