Afflicting the comfortable since 2002
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“Just watching the dark. Just watching the dark…” (from Shoot Out The Lights by Richard Thompson)
Shanon, Cody and Marty were re-elected to the Board of Trustees in this week’s spring election. Thanks to all of our poll workers who keep it running smoothly every time.
December 28th, 2011 – As reported in the Detroit News, the increasingly controversial Federal ethanol fuel of 43 cents per gallon was allowed to lapse after 30 years.
Good riddance!
April 12th, 2011 – In documents released Tuesday, the Government Accountability Board and the Milwaukee District Attorney accepted a plea of two felony counts in a campaign contribution money laundering case against the W&SRR executive. Bill Gardner will pay a $166,900 forfeiture. The lion's share of contributions went to the Walker election campaign.
Wild Bill has been expanding his tax payer subsidized railroad in Wisconsin for decades. He is well known around here for his abrasive and combative style. When Didion Milling decided to add an ethanol production facility in Cambria back in 2002, Bill had much to gain from shipping the newly produced ethanol. He attended local meetings, advocating loudly and forcefully in favor of the Didion boys' scheme. In fact, he became so enraged at any hint of opposition, he must finally have been asked by supporters not to attend further meetings.
In 2003, Wild Bill emerged as a leading ethanol advocate in my old home town of Horicon when United Co–Op sought zoning changes in order to construct an ethanol plant. His bombastic style was on full display as he huffed and puffed around the hearing room, red–faced and bellowing on behalf of ethanol. At times, I was reminded of a caricature of an old time evangelist and half expected him to commence damning dissenters to perdition at any moment!
It’s clear to me that Bill is a man used to getting his way by whatever means necessary, who isn't about to let mere campaign laws get in his way.
Here is a copy of the G.A.B. board’s press release .
December 28th, 2010 – The early morning call went out that there was a dryer fire at the ethanol plant. Firefighters from the Cambria fire department responded to reports of a fire in the Dried Distiller Grains dryer. I’ve since learned that the fire was extinguished fairly quickly, but not before a possible call went out for additional personnel from the Friesland department for backup.
There have been a number of other fires in this dryer beginning back in January of 2010.
November 29th, 2010 – The Wisconsin Center for Investigative Journalism , in collaboration with the national Center for Public Integrity , simultaneously published stories about Federal stimulus fund recipients getting a pass on environmental reviews for their projects. Among the recipients were some of the nation’s more egregious and persistent polluters. The “Dirty Dozen” list includes our very own Didion, Inc., who received almost 6 million dollars doled out by Wisconsin Governor Doyle.
Kate Golden did the work on the Didion case history and gets a well earned credit for her contribution of the Didion story. We all appreciate it and enjoyed our time with her.
Last December, when Gov. Jim Doyle announced $14.5 million in federal stimulus funds for energy–efficiency projects involving nine companies, he called it “a tremendous opportunity to be one of the greenest manufacturing states in the country.” What Doyle did not mention was that ethanol producer Didion Milling Inc., which got the largest share at $5.6 million, is one of Wisconsin’s most chronic air and water polluters — and a firm designated by the federal government as a “high priority violator.”
Read Kate’s report here . This link includes an audio slide show. You may download a PDF version of the Didion story here .
October 15th, 2010 — People are already reporting the familiar corn coated vehicles around Cambria as Didion Milling/Ethanol reactivates their massive corn dryer for the first time since the ”emergency“ last fall.
I will post the new permit materials later.
July 9th, 2010 – Midwest Environmental Advocates and citizens in Cambria and within the Duck Creek watershed announced an agreement settling their Clean Water Act lawsuit against Didion Ethanol. They charged Didion Ethanol with numerous violations of the facility’s WPDES permit and other watershed violations. Congratulations to all of you!
According to Roger Springman, a resident of Wyocena which is within the Duck Creek watershed, “…this settlement holds the facility responsible for its pollution and will bring major benefits for the community.”
Adds Cambria’s own, John Domino, “…This settlement and the DNR’s penalties should send a message to other companies that you can’t pollute, harm a community and just get away with it.”
The full press is release here.
June 29th, 2010 – by John Mueller for CTD – DNR officials were notified and a warden dispatched once again to Didion Ethanol early Tuesday afternoon as water continued flowing down the hill along Highway 146 and into the wetlands west of the highway. I photographed the scene as DNR Warden Paul Nadolski had a chat with Didion official Dale Drachenberg. I’d received the report shortly after 11:00 a.m. and hiked over to the scene by around 1 o’clock.
I was able to speak with the warden as he left the scene. He'd been told that plant personel were flushing a fire hydrant as part of a routine procedure. However, the discharge is supposed to be held within a retainment pond on the property and the warden found the pond gates unlocked and open. He confirmed to me that only ”100% rainwater“ could be discharged into the wetlands.
Didion had previously been issued two Notices of Violation for illegally discharging into the wetlands in the summer of 2009 for which they payed forfeitures as part of larger civil case, State of Wisconsin vs. Didion Milling Inc et al, earlier this year.
I’ve linked to my photos of Tuesday’s incident on a separate page. (The page will open in a new window or tab)May 16th, 2010 – The civil complaint documents are now available here .
April 30th, 2010 – Wisconsin Western District Federal Court Judge Barbara Crabb today approved a joint petition by Plaintiffs and Defendants to dismiss Cambrians for Thoughtful Development’s lawsuit charging Didion Milling, Inc. and Didion Ethanol LLC with a multitude of Clean Air Act violations.
The action comes fast on the heels of the judgement entered on April 26th, 2010 in the State Enforcement Action. Didion was ordered to pay over one million dollars in that action. The State action substantially addresses similar charges to those brought in our Federal Court lawsuit.
Plaintiffs and Defendants now must agree on reasonable Plaintiffs’ litigation fees and costs. Although fee negotiations are already under way, the joint petition sets a May 14th deadline for the final agreement.
Some of the documents are on our CTD documents page.
April 26th, 2010 – Wood County Circuit Court Judge Gregory Potter entered judgements today against Didion Milling Inc. et al. worth $ 1,050,000. The State’s Case Number 2010CX000002 was originally filed in Columbia Circuit Court on March 26th, 2010 before being transfered to Judge Potter in Wood County. Didion pled
guilty
no contest to all 23 of the charges as originally filed.
The Wisconsin Circuit Court Access summary available here provides details which include Failure to Obtain Air Pollution Control Construction and Operation Permits, Fail to Comply with NSPS Notification and Testing Requirements, Failure to Maintain Records, False Certification and more.
April 15th, 2010 – There are reports that plaintiffs in the Federal Clean Water Act citizen lawsuit against Didion have reached an agreement today. Attorneys with Midwest Environmental Advocates representing the citizens have notified Columbia County Circuit Court that they are withdrawing their Motion To Intervene in the State of Wisconsin v. Didion, Case number 10 CX 000002. This clears the way for a resolution of the outstanding environmental violation charges against Didion.
The Clean Air Act citizens lawsuit in Federal court charging Didion with air pollution violations is still in negotiations toward a settlement.
April 2nd, 2010 Update – Prolonged negotiations between the Wisconsin Justice Department, Didion Milling, Inc. and Didion Ethanol, LLC representatives ended Friday March 26th, 2010 when documents were signed and filed in the Columbia County Circuit Court. The documents are currently stalled in Columbia County pending a judge’s final signature.
The matter was initially assigned to Circuit Court Judge Miller who has been unavailable and on vacation this past week. Our understanding is that Didion now requested another judge. Judge Miller’s brother John Miller represented Didion in a recent zoning variance hearing in Columbia County.
The documents, available soon on our Didion Milling web page, include the Complaint with an epic litany of Didion’s long standing environmental violations, some dating back as far back as ten years ago.
March 13th, 2010 Update – In light of Columbia County’s all too predictable approvals of Didion Ethanol’s plans to expand into biodiesel production, I uploaded much of the material from the Planning and Zoning committee which granted a conditional use permit and the Board Of Appeals which granted the needed zoning variance.
Here’s the new biodiesel section of our Didion Milling web page.
February 8th, 2010 – Another report of a fire went out tonight in what seems to be an increasingly common call to the village from Didion. Crews were dispatched to Didion Milling sometime around 9:30 tonight on reports of another fire in a dryer. Didion Milling employees gathered in the parking lot near Highway 146 as department personnel checked a building on the west end of the milling facility. The ambulance and other fire equipment stood by further back from the scene. By 10:00 P.M. or so reports came out that the situation was under control and fire personnel were checking for hot spots.
This was not the same dryer as the large corn dryer involved in the January 8th fire earlier this year.
January 25th, 2010 – Subject: Notice of Violation – Based on the failed stack test and Didion’s own records the PM levels were exceeded from at least October 10th, 2009 through November 5th, 2009.
The testing is connected with the recently permitted hammermills at the ethanol plant. The hammermills were the subject of an earlier violation notice in March of 2008 when Didion built three new hammermills without the required construction permit.
According to a conversation with DNR personnel today, February 2nd, 2010, the results of the subsequent stack test are now completed and it would appear that the stack is in compliance for now.
Please respond by February 12, 2010 with an explanation of the circumstances that led to the emission limit violation, corrective actions that have been taken, and what Didion will do to ensure future compliance.
…the alleged violations meet federal criteria for designation as High Priority Violations (HPV).
…the Department is authorized to seek forfeitures of up to $25,000 per violation per day…
January 16th, 2010 – A fire call went out from Didion Ethanol late this afternoon. The Cambria fire and ambulance service responded with an ambulance and the small pumper engine. They were joined soon after by another ambulance from Pardeeville. Emergency crews stood by at a safe distance and remained for several hours. Didion personnel arrived and entered the ethanol plant building nearest Highway 146.
WKOW–TV in Madison reported that The Columbia County sheriff had no comment and a Cambria Fire Department spokesman would only confirm a fire had taken place. A fire in the large corn dryer at the milling facility occurred less than two weeks previously.
January 14th, 2010 – The Cambria EMTs responded to a call from Didion this afternoon after an employee fell and landed on a concrete floor. Reportedly, the man had fallen 10-12 feet and was still on the floor at Didion Ethanol when crews arrived. Although Medflight was considered, weather conditions kept the helicopter grounded while a life support unit from Beaver Dam conveyed the injured man to the University Hospital in Madison. He is reported to be in a coma.
His condition at the time of this writing is unknown.
January 8th, 2010 – The Cambria Fire Department was called to Didion once again Friday night when a fire broke out in the large corn dryer at the milling plant. The fire was confined to the milling side of the operation and did not involve the ethanol facility across Cabbage Road from the mill. The call came in around 8:45 P.M. and first responders were dispatched. The Cambria department was soon joined by the Friesland department.
Columbia County Sheriff’s Department officials closed the section of Highway 146 running past the plant for several hours as fire officials informed the Cambria/Friesland Schools where the basketball game was just concluding. An announcement was made asking everyone to evacuate the school grounds. (Randolph won in the closing minutes of the game.)
The fire was finally extinguished when the still smoldering corn was removed from the dryer. Fire Department personnel left the scene shortly after midnight. There have been other fires at the plant including one in the thermal oxidizer at the ethanol facility on September 14th this past year.
Although at Didion’s request the current air permit specifically excludes operating the corn dryer as they struggle to remain under pollution limits required by the Federal Clean Air Act, in November 2009 Didion was issued a temporary emergency waiver in order to deal with a surplus of wet, late season corn. People have long complained about the dust produced by the dryer. The dryer repeatedly failed required stack tests which demonstrated it was impossible to operate the dryer within limits agreed upon in Didion’s past air permits.
Cambrians for Thoughtful Development is currently suing Didion for enforcement of violations under citizen provisions in the Clean Air Act.
Wednesday, November 25th, 2009 - by John Mueller of CTD - A truck laden with corn ran off off the road when it's air brakes failed sometime after noon on Wednesday. The truck was negotiating the curve and steep hill on Highway 146 as it approached the Didion Milling and Ethanol facilities from the south.
According to an eyewitness report, the driver was not speeding at the time of the accident. Authorities including Lori Kratz, one of Cambria's first responders on the scene, report that the driver was not seriously hurt.
Kernels of whole corn spilled from the truck into the stormwater retention pond on the Didion Ethanol property. Some of the kernels could be seen in the Duck Creek tributary which flows from the Didion property, under the highway and into the wetlands to the west. Diking materials employed after the spill slowed the water flowing to the west of the road from the culvert under highway 146.
Ditches along the highway in front of the Didion Milling facility had a distinct yellow coloring.
The retention pond, tributary and wetlands to the west were affected earlier this summer in two separate spills at the ethanol plant. One spill was the release of over 43,000 gallons of corn mash, with a second spill of about 5,000 gallons of a dilute caustic sodium hydroxide solution a little over a month later. Both of the earlier spills caused significant environmental damage and were the subject of an August 21st WDNR Notice of Violation.
(Please note: Reports of a pre-Thanksgiving, all you can shovel creamed corn sale at Didion were determined to be satirical and prejudicial in nature.)
Didion’s latest notice alleges they exceeded the Volatile Organic Compound (VOC) limit set in their construction permit 06-DCF-166. The plant was out of compliance for a total of 461 days of operation. Each day is considered a separate violation, with fines of up to $25,000 a day
The Department of Natural Resources also allege that Didion failed to perform required stack emissions tests within the required 180 days of initial operation of the ethanol plant. This timeframe is stated in their construction permit. Each day is considered a separate violation.
Here is a copy of the October 27th Notice Of Violation .
Sunday, October 25th, 2009 — According to an article in Sunday’s Wisconsin State Journal, politics plays a major role in enforcement decisions at the DNR. Read Sunday’s article by Dee J. Hall here: Was DNR secretary forced out by Doyle?
According to a report presented to the Village board by Cambria fire chief Vance Haney at the Monday, October 12th Village of Cambria monthly board meeting, Didion Ethanol is in violation of local and State fire codes. Chief Haney detailed the situation, which was created when Didion constructed a three foot high poured concrete wall surrounding their ethanol plant south of Cabbage Road. Didion was given a deadline as early as this Friday, October 16th to correct the situation.
The fire code violations block mandated access to emergency responders. In addition, the wall blocks unimpeded access to vital hydrants and related valves and equipment. Clearly delineated and maintained fire lanes may also be a concern. OSHA is believed to be involved in a similar investigation.
The wall, believed to be in response to permit violations for two major spills this past summer, is intended to contain future spills. A postcard mailed by Didion Milling in late March of 2003 detailed such a dike system in an effort to influence an upcoming referendum question on the April ballot that year. Residents voted against approving an ethanol plant in a 60/40 split.
The dike system was again floated during Didion’s second and successful attempt in 2006 to obtain the needed permits. The dike system was never implemented.
The Didion Ethanol plant began construction in early 2007, after a long and bitter battle between Village officials and residents to keep the plant out of the Village and well beyond Village borders. The plant is now sited in Courtland Township, scant feet beyond Village limits.
September 14th, 2009 – A fire call went out from the Didion Ethanol plant around 1:00 P.M. when fire erupted in the thermal oxidizer.
Both Cambria and Randolph fire departments responded to the blaze which held the potential at least, to turn into a much larger disaster. Due to the unusually small building site on Cabbage Road, the huge bulk ethanol and gasoline storage tanks are located very near to both the thermal oxidizer and the distiller's grains dryer. Both pieces of equipment are perhaps, the most commonly reported sources of fire incidents in the ethanol industry. The nearby tanks contain millions of gallons of flammable liquid.
The fire reportedly smoldered from 1:00 P.M. until 2:15 P.M. while responders stood by until it was determined that there was no longer a threat of the fire re-igniting.
Between 1:15–1:30 P.M. I walked down to Commerce Street to a vantage point west of the facility where I could clearly see black smoke coming from the thermal oxidizer and blowing slowly southward.
An eye witness in the nearby Cambria/Friesland High School reports that an announcement came over the public address system around 2:00 P.M., saying only that there was a safety concern and that students and teachers were to remain in their rooms until further notice. No details were given and teachers were not contacted individually with more detailed information. Fearing the worst, a handful of students became visibly upset, some crying and showing other signs of high anxiety.
The lock-down continued until around 2:30 P.M. No further details were given when teachers inquired in the school office.
August 21st, 2009 – This new notice details violations and some of the environmental consequences in the aftermath of the June 4th mash spill and the July 26th sodium hydroxide spill at Didion Ethanol.
“Bonestroo, Didion’s consultant, estimates a volume of approximately 7600 cu ft (6") of waste material was removed from the mash plume in the wetland during the initial cleanup effort. However, Bonestroo also estimates that considerable mash solids will remain in the wetland with additional potential impacts to the North Branch of Duck Creek and its tributary.”
A public service reminder: Never water your lawns and trees with a 3%–5% solution of sodium hydroxide and water.
More photographs made three days after the chemical spill. (Opens in new tab or window.)
July 28th, 2009 – This latest Notice of Violation alleges over 1500 separate instances where Didion failed to operate both their milling and ethanol operation within permitted limits. The DNR can seek forfeitures of up to $25,000 per violation, per day.
According to the notice, Didion repeatedly failed to operate equipment within permitted parameters. Didion failed to perform basic compliance testing of certain equipment within the 180 day period specified in their construction permits. Didion also failed to maintain required logs and records in certain instances.
Demanding compliance with all of the permit conditions and requirements is the only way to ensure Didion is not releasing excessive amounts of harmful pollutants into our air and water.
Here is our CTD press release regarding Didion’s latest violation notice .
July 27th, 2009 – According to a draft DNR Substance Release Notification Report ( SERTS ,) about 5,000 gallons of a 3%–5% solution of sodium hydroxide was released yesterday due to a “BLOWN/FAILED GASKET FROM DILUTE CAUSTIC TANK TO FERMENTATION TANK AT DIDION ETHANOL FACILITY.” An unknown quantity of the solution was released into the adjacent wetlands and the unnamed tributary to Duck Creek.
A Level A/Level B Team notification was issued by local emergency responders and a B Level HAZMAT team from Portage was dispatched to the scene of the spill.
July 26th, 2009 – Cambria emergency crews were dispatched shortly before noon today to a chemical spill at the Didion Ethanol plant. Incredibly, the spill occurred in the same area of the plant where, a month earlier, over 43,000 gallons of fermenting corn mash spilled from an unsecured hatch and poured into the wetlands to the west.
Between 3,000 to 5,000 gallons of a sodium hydroxide solution were released in today’s spill, according to a preliminary report from an independent videographer on the scene, David Casper of Pardeeville. It is unknown at this time if the corrosive chemical was completely contained before it could reach the wetlands.
Sodium hydroxide, or caustic lye, is highly alkaline and is commonly used as a cheap industrial buffering agent.
Here's an excerpt from a 2003 postcard Didion mailed out ahead of the April election, asking Cambria to support them on an upcoming referendum question. 60% of Cambria’s voters subsequently voted “NO” against supporting Didion’s plans for an ethanol plant in Cambria:
Q: What if chemicals spill or leak?
A: The facility is designed to prevent major spills. For instance, the plant’s buildings will be connected by an underground duct system. Any chemical spill will flow to a central duct, and the contents will be pumped into a storage container. From there, the chemical will be pumped back into the ethanol processing system and reused. If ethanol is spilled while loading, the spill will drain into a sump and then will be pumped back into the plant for reprocessing. The ethanol storage area is designed with a series of dikes and berms to contain spills.
I've updated the CTD timeline for those who are curious about the sequence of events leading up to the present.
Didion Ethanol’s written report to the WDNR of the June 4th, 2009 corn mash spill is short on details and mainly serves to raise the question as to why the mechanisms touted to prevent future spills aren’t already in place.
Missing are details of the (we hope!) extensive testing ordered in the aftermath of the spill to monitor the wetlands flooded by the river of spilled mash. Missing are details of the extent of the damage done to the existing plant and animal life in the marsh. The week following the spill, we personally witnessed the abundance of certain species indicative of oxygen depleted, low quality water in the wetland. We have no idea, based on this report, whether or not any recovery is in progress.
Item 4 of the proposed prevention plan claims, “Didion is exploring the installation of additional diking that would provide containment for all three fermentation tanks and the beer well," and promises a decision, "…will be made …no later than July 31st, 2009."
Didion’s original plans, as sold to both the Village of Cambria and Columbia County during the permitting stages, were that the entire plant would be enclosed within a dike system. This assertion effectively shut down any discussion of concerns raised about just the sort of disastrous spill we saw take place in the early morning hours on June 4th.
It remains to be seen which, if any, enforcement actions will be taken by WDNR in light of this major industrial spill.
Read Didion’s report here.
Cleanup continues in the wetlands west of last Thursday’s mash spill at the Didion Ethanol plant.
Wisconsin Department of Natural Resources personnel report that Didion now estimates a total of 43,500 gallons of the fermenting corn mash spilled from a tank when a hatch was not properly secured after a safety check. It is unknown at this time how many gallons overflowed a stormwater retention pond and poured into the wetlands west of the plant.
WDNR staff and outside consultants collected numerous samples from the wetlands and other areas affected by the spill.
According to DNR Wastewater Specialist Ken Denow, “The consultants, biologists, Water Resources and Water Quality Staff, Fisheries Staff and other experts will need to finish their evaluations to determine the full impact of the spill.”
A (very!) raw photofeed from June 4th and June 11th is available. This will open in a new tab or window.
Beaver Dam radio station WBEV – 1440 AM is reporting the story of the Didion spill. They quote Dale Drachenberg as saying 30 to 40 Thousand gallons of a mixture of corn, water, yeast and enzymes were released into the surrounding wetlands when a safety inspector failed to secure a door into one of the fermentation tanks.
June 4th, 2009 – Several members of Cambrians for Thoughtful Development converged on the scene shortly after 8:00 A.M. this morning to witness what appeared to be a substantial corn ethanol mash spill at the Didion Ethanol plant in Cambria. The ditch along Highway 146 at the west end of the plant ran a golden yellow as the mash made its way toward the stormwater pond next to Cabbage Road. It is unknown at this time whether or not the spilled material crossed through the culvert under the highway and into the wetlands to the west of the ethanol plant.
We thank the concerned citizen who was thoughtful enough to bring this to our immediate attention. Wish there were more like you!
Update – As of Friday, it’s clear that the wetlands are contaminated as cleanup efforts continued throughout the day.
“Cambrians for Thoughtful Development, U.A. (CTD), through their attorneys at the law firm of McGillivray, Westerberg and Bender, filed an amended complaint in their ongoing Clean Air Act lawsuit against Didion Milling, Inc. and sister company Didion Ethanol, LLC. (Didion).”
Here’s a copy of the press release .
Here’s the amended complaint in the case of Cambrians for Thoughtful Development v. Didion.
California regulators, trying to assess the true environmental cost of corn ethanol, are poised to declare that the biofuel cannot help the state reduce global warming.
As they see it, corn is no better – and might be worse – than petroleum when total greenhouse gas emissions are considered. Such a declaration, to be considered later this week by the California Air Resources Board, would be a considerable blow to the corn–ethanol industry in the United States.
The Midwest Environmental Advocates / Cambria citizen Clean Water Act lawsuit, (case number 09–CV–0213,) hit the dockets in Wisconsin Western Federal District Court this past Thursday, April 9th. A second Cambrians for Thoughtful Development Clean Air Act citizen lawsuit, (case number 09–CV–0139,) was filed in the same court earlier this year on March 10th.
From the press release :
“We are disappointed that we must now resort to litigation,” said Karen Schapiro, Executive Director for Midwest Environmental Advocates. “Our goal is to bring Utica Energy and Didion Ethanol into compliance with the Clean Water Act and give Wisconsin’s waters the protection they deserve. Polluters must understand that they cannot violate the law, gaining an unfair competitive advantage over the state’s responsible businesses, while those who rely on clean water suffer the consequences.”
Didion moves into new violation territory after receiving a Notice of Violation detailing their failure to comply with terms of a wastewater permit. This is their first water related violation notice since August of 2007, when they received a noncompliance letter for not adhering to a stormwater plan designed to limit construction site runoff. Didion has received numerous violation notices throughout the years including a violation notice as recently as May of 2008 for failure to comply with terms of their air permit. This newest notice, dated February 17th, 2009, alleges numerous violations.
“During the fall of 2008 Village of Cambria residents and Village Board members as well as representatives from Midwest Environmental Advocates observed foam and chunky brown colored solid material as well as orange and milky colored water being discharged from Didion’s non contact cooling tower outfall effluent pipe…”
There is more. Notice of Violation/Enforcement Conference
February 4th, 2009 – From the Midwest Environmental Advocates’ press release:
Madison, WI – Today, Midwest Environmental Advocates filed two separate notices of intent to sue Utica Energy in Oshkosh and Didion Ethanol in Cambria for a combined total of more than 4,994 documented violations of the federal Clean Water Act. Midwest Environmental Advocates filed the notice of intent on Utica Energy on behalf of Clean Water Action Council of Northeastern Wisconsin, and filed the notice of intent on Didion Ethanol on behalf of private citizens of the Village of Cambria. The notices allege continuous illegal discharges of chlorine, zinc, phosphorus and other pollutants into area waters.Here's the entire press release .
January 30th, 2009 – As reported by various news outlets, RENEW Energy, LLC in Jefferson, Wisconsin is taking steps to file for protection under the Federal Chapter 11 bankruptcy laws. Reportedly, the banks will not renew RENEW’s operating loans.
Dallas has updated his complaint form to include the latest contact information. You may download the form from our CTD documents page
September 16th, 2008 – EPA Efforts to Address Children's Health Issues Need Greater Focus, Direction, and Top–level Commitment – United States Government Accountability Office – Document number GAO–08–1155T
The Office of Children’s Health had begun forming internal workgroups, but a new acting director stopped the process in late 2007 to hold individual meetings with EPA’s assistant administrators, and the process remains stalled. We also analyzed EPA’s responses to the committee’s specific recommendations on three recently–considered EPA air quality standards—the National Ambient Air Quality Standards for particulate matter , ozone, and lead—and we found that EPA either offered to consider the committee’s recommendations as part of the public comment process or rejected them.
I’ve added a Subject Page for the recently announced WE Energy Randolph Wind Project. Here is where you will find documents filed with the Wisconsin Public Service Commission, news items, meeting dates and other items of interest. This proposed project will have impacts upon our community. Look for the link near the top of our right–hand menu bar.
The EPA today disagreed with Governor Doyle’s contention in a December 2007 letter to the EPA that in effect, all Wisconsin counties were in compliance, or well on their way to compliance with new, tighter regulations on PM emissions smaller than 2.5 microns in diameter. In her letter dated August 18th, 2008 , EPA Region 5 administrator Lynn Buhl informed Doyle that the EPA contends that 6 Wisconsin counties including Columbia County, are in current noncompliance with the 2006 rule.
August 5th, 2008 – Didion denied attorney fees, by John Mueller of CTD — In an opinion handed down today, U.S. District Court for the Western District of Wisconsin’s Justice Barbara Crabb denied Didion Milling’s motion to recover substantial attorney fees in the lawsuit brought by Cambrians for Thoughtful Development. Didion filed their motion in April of 2008, ironically on the same day they received another in their ongoing series of air permit violations. CTD sued Didion under a citizens’ lawsuit provision of the Clean Air Act in an attempt to stop these violations.
Although Justice Crabb agreed with our contention that Didion violated their air permits and Clean Air Act law, thereby causing us harm, in March of this year she granted Didion's motion for summary judgement on a technical issue of standing. In today’s ruling however, she denied Didion was entitled to recover attorney fees as such findings discourage good faith lawsuits brought by private citizens in attempts to enforce environmental law. Justice Crabb awarded Didion their costs as the prevailing party, an amount far less than the original motion for both fees and costs.
Here’s more from today’s opinion (emphasis added):
It is undisputed that defendant violated the Clean Air Act repeatedly by failing to comply with the terms of its permits and that its violations led to unlawful particulate emissions that had adverse consequences for plaintiffs… Plaintiffs sought to sustain standing to recover on the past violations, arguing that defendant’s history of violations and likelihood of future violations were sufficient to support a finding that penalties for past violations would deter future violations. Although I ultimately did not find standing to be appropriate under that theory, it was not a frivolous or baseless argument. It would be inappropriate to award fees to defendant simply because plaintiffs were unable to hit defendant’s moving target of ongoing Clean Air Act violations.
Today’ ruling in full.
July 17th, 2008 – A new report from Wisconsin Environment takes a hard look at alternatives to petroleum–based fuels. According to the organization’s news release, “…The report cites corn ethanol, soy biodiesel and liquid coal as the worst alternatives; all of which have 50%—100% greater relative global warming emissions than conventional gasoline…”
July 11th, 2008 – Food before fuel: The global food crisis should force governments to rethink plans to use biofuels as a green energy source by Meredith Case – The Guardian
One thing is for sure: unless the government soon recognizes that its biofuels policy needs reassessment, the US will have the dubious distinction of being the only country to fail on energy policy twice — first by being too reticent, and then by being too zealous.
A copy of the original leaked report .
“Without the increase in biofuels, global wheat and maize stocks would not have declined appreciably and price increases due to other factors would have been moderate,” says the report. The basket of food prices examined in the study rose by 140% between 2002 and this February. The report estimates that higher energy and fertilizer prices accounted for an increase of only 15%, while biofuels have been responsible for a 75% jump over that period.
June 29th, 2008 – DNR finds hundreds of violations of ethanol plant’s permit by Stacy Vogel – The Janesville Gazette – Much like our local Didion Milling operation, United Ethanol in Milton, Wisconsin is now considered a High Priority Violator under State and Federal guidelines.
(The DNR ’s Eileen) Pierce said a high–priority violation designation sets in motion actions prescribed by the federal Clean Air Act. The DNR has 60 days to issue a notice of violation and 270 days to either bring the plant back to compliance or refer the case to the Department of Justice. If the DNR doesn’t meet the deadlines, the U.S. Environmental Protection Agency could take over the case.
I’ve received a copy of the Milton United Ethanol plant’s DNR Full Air Compliance Evaluation (FCE) Summary dated June 11th, 2008. The Milton plant, like Didion Ethanol, has been controversial from the start. People were wary of this one for a good reason…
This FCE evaluates compliance from the start of operations through 2/29/08. There are many conflicting and missing records. The facility was not constructed in accordance with the permit or permit application. The permittee did not install all process equipment consistent with the permit or application. The permittee did not install all pollution control devices prior to operation. The permittee did not inspect any pollution control devices prior to operation. The permittee has not operated in accordance with the permit.An example of one of the myriad of problems:
Early 12/24 a maintenance mechanic drove to another plant site and obtained a replacement control box. The control box was installed by plant maintenance staff and Van Ert Electric. The control box was programmed in Chinese and took most of the day to set the operating parameters.
June 4th, 2008 – Cambria Area Residents Challenge Wastewater Discharge Standards for Didion Ethanol Plant by Betsy Lawton – Midwest Environmental Advocates.
Cambria, WI -- In an effort to fully protect Tarrant Lake and the Duck Creek Watershed from degradation, Cambria area residents have challenged the wastewater discharge permit Wisconsin Department of Natural Resources’ (“DNR”) issued to Didion Ethanol on April 1st, 2008, for its failure to comply with state and federal clean water law.
The petitioners are concerned that Didion’s wastewater threatens the future of Tarrant Lake, Duck Creek and its tributaries because Didion’s water pollution permit does not sufficiently limit pollutants discharged from the facility, such as zinc, chlorine and arsenic. By law these pollutants must be limited to protect the fish and aquatic life and recreational use of these waters.
The WDNR issued a revised version of the May 7th, 2008 Notice of Violation letter. This appears to be a clarification of the original allegations. There is some new language added toward the end.
Please be advised that the Department is authorized to seek forfeitures of up to $25,000 per violation per day pursuant to s. 285.87, Wis. Stats. According to DNR records, the alleged violations meet federal criteria for designation as High Priority Violations (HPV). You should be aware that the violations alleged by the Department are also enforceable by the United States Environmental Protection Agency (USEPA).
This is the revised Notice of Violation .
Didion’s Vice–President of Operations, Dale Drachenberg, responds as required to the latest Notice of Violation , “…Dale Drachenberg has assumed the responsibility for assuring the required records are being kept.”
Fast on the heels of their April 14th notice, Didion has received yet another violation, this time for failing to keep records required to prove compliance with their air permits. This is the second such violation, they were issued a notice of violation on February 15th, 2008 for failing to operate a particulate monitor and keep records of required tests.
After reviewing Didion’s response to Mike Sloat’s February 19, 2008 Letter of Inquiry, the Department is alleging that Didion failed to record baghouse pressure drops during the time period requested of October 2006 and February 2008.
To summarize, we allege Didion failed to operate equipment within the ranges specified in the permit, as follows: C10 had 532 readings of baghouse pressure drop outside the allowable range of 2.0–5.0 inches of water, C11 had 389 readings, C14 had 76 readings, C01 had 7 readings etc. outside the pressure drop allowable range of 2.0–5.0 inches. C17 had 16 readings outside the allowable pressure drop range of 2.0–5.0 inches.
Download and read the permit here .
Shortly after noon on Sunday, a truck hauling wet distillers grains from Didion Ethanol dumped part of a load on a steep curve leading north out of Cambria on Highway 146. The mash was slick enough that a following semi–trailer truck was forced to back down the hill when it lost traction attempting to negotiate the curve. The driver of the offending truck continued on his route and appeared to be unaware of the spill.
Village of Cambria Department of Public Works director Tom Tietz happened upon the scene and took it upon himself to clear the spilled grain with the Village front–end loader. Thank you Tom!
After he and his wife Bonnie discovered the spill and reported the incident to the county dispatcher, Cambrian Wade Smith returned to photograph the scene.
The fish and foul are ailing The farmer’s life is failing Where are all the backroom boys The backroom boys can’t save us now We’re poisoned by the greedy Who plunder on the needy Leave the factory, leave the forge Dance to the new St. George -- Richard Thompson, "The New St. George*"