WPDES permit modification
Richfield Dairy’s water quality protection (WPDES) permit was first issued for Richfield Dairy on November 3, 2011 and was modified on October 29, 2015 pursuant to an Order issued by the Division of Hearings pursuant to a contested case hearing (Case No. IH-12-08). The WPDES permit has been reissued effective March 1, 2017.
Current permit and associated documents
The comment period ended on January 24, 2017. The final determination was made by the department to reissue the permit on February 10, 2017; its permit term will be effective March 1, 2017 to February 28, 2022. The following documents summarize public comments provided and associated changes made to the permit.
- WPDES Permit WI-0064815-02-0 (2017-2022)
- Notice of Final Determination to reissue a WPDES PERMIT No. WI-0064815-02-0
- DNR Response to Comments, 2017
- Permit application
- Nutrient Management Plan, 2016
- Acknowledgement and approval letters
- Public hearing audio recording, January 10, 2017
- Draft permit and fact sheet
|October 27, 2015||Final Modified WPDES Permit|
|October 27, 2015||Notice of final determination for modified WPDES permit|
|August 19, 2015||WPDES public notice of informational hearing on proposed Richfield Dairy WPDES permit modifications|
|June 17, 2015||WPDES public notices (proposed Richfield Dairy WPDES permit modifications)|
|September 3, 2014||Administrative Law Judge Decision|
|November 3, 2011||Notice of final determination for WPDES permit|
|November 3, 2011||Final WPDES permit|
|November 3, 2011||Permit changes and response to comments|
High capacity well approvals
The department issued a high capacity well approval for Richfield Dairy on November 3, 2011. In March 2013, the department issued a modified high capacity well approval. The March 2013 approval was the subject of a contested case hearing. The hearing was held on June 24-27 and December 16-20, 2013. The high capacity well approval was upheld, with an amended maximum groundwater withdrawal amount, by an administrative law judge (ALJ) on September 3, 2014. A second modified high capacity well approval was issued on March 12, 2015, in accordance with the ALJ’s decision.
|March 12, 2015||Second modified conditional high capacity well approval for two potable wells to be located in the Town of Richfield, Adams County|
|March 13, 2013||Modified High Capacity Well Approval|
|July 27, 2012||SSPA groundwater modeling results and evaluation|
|November 3, 2011||Original High capacity well approval|
Wisconsin Environmental Policy Act (WEPA) compliance
In November 2011, the Wisconsin Department of Natural Resources (DNR) prepared an Environmental Assessment (EA) for the proposed Richfield Dairy facility pursuant to the Wisconsin Environmental Policy Act (WEPA), s. 1.11 Stats., and ch. NR 150, Wis. Adm. Code. Following a legal challenge, and in response to the Circuit Court’s decision, the department prepared a Supplemental Environmental Assessment (SEA) on March 12, 2013. The SEA included additional factual investigation to allow a reasonably informed preliminary judgment about the environmental effects of the high capacity wells operating at 72.5 million gallons per year (MGY), which is the rate requested by the Richfield Dairy in a revised high capacity well approval application.
The Circuit Court had concluded that DNR’s original EA and addendum evinced “sufficient consideration of the cumulative effects of the high capacity wells.” The parties that sought judicial review of the EA appealed that portion of the court’s ruling. The Court of Appeals, District IV, issued its decision on December 19, 2013 (2012AP1882). The Court of Appeals reversed the part of the Circuit Court’s decision that concluded that DNR properly considered cumulative impacts and remanded the case, directing DNR to consider the cumulative effects of the two high capacity wells in conjunction with other high capacity wells. On March 26, 2014, pursuant to the Court of Appeals decision, the Dane County Circuit Court issued a Supplemental Remand Order, directing DNR to consider the cumulative effects of the two high capacity wells, consistent with the Court of Appeals decision.
The department decided, pursuant to s. NR 150.20(4)(b), Wis. Adm. Code, and s. NR 150.22(1)(f), Wis. Adm. Code (2013), to follow the Environmental Impact Statement (EIS) procedures as the best approach to achieve WEPA compliance and to satisfy the Circuit Court’s Supplemental Remand Order.
Final Environmental Impact Statement
The Final EIS issued on April 23, 2015, considered the environmental effects of the two proposed Richfield Dairy high capacity wells, in conjunction with other high capacity wells in the region.
- April 23, 2015 Decision/determination on Wisconsin Environmental Policy Act (WEPA) compliance
- April 23, 2015 Richfield Dairy Environmental Impact Statement, April 23, 2015
- Response to comments for draft Environmental Impact Statement
- Environmental Impact Statement Exhibits
- Supplemental Environmental Assessment Comment Response Document
- Appendix of comments on the Supplemental Environmental Assessment
- High capacity well supplemental environmental assessment
- November 1, 2011 Environmental Assessment