A dairy farm near Merrill will pay $70,000 after triggering a fish kill in Devil Creek.
Attorney General Josh Kaul announced a settlement with the former owners and operators of Morning View Dairy.
The settlement was approved by the Lincoln County Circuit Court last week.
The State claimed a leaky valve on the dairy’s manure storage facility allowed manure to escape and flow into Devil Creek in June of 2021.
DNR Fisheries staff then found dead and dying fish from the dairy downstream to where Devil Creek entered the Wisconsin River.
The manure leak had caused dissolved oxygen in the creek to drop close to zero, killing all fish in a 3.8 mile stretch of the creek.
The settlement requires Morning View Dairy, LLC, Erich W. Roth, the Erich Roth Living Trust, Heinz Roth, and Heinz Roth Living Trust to pay a total of $70,000 in forfeitures, surcharges, court costs, attorney fees, and DNR costs.
The investigation of the fish kill began with a tip from the public. If you see water contamination or a fish kill, you can report it anonymously to the DNR Tip Hotline at 1-800-TIP-WDNR (1-800-847-9367).
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.
A copy of the Complaint, Stipulation for Judgment, Order for Judgment, and Judgment are available here.
The Legislature’s Joint Committee on Finance approved the proposed resolution on September 26, 2024.
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