MERRILL, Wis. (WFRV) – A settlement has been reached with a medium-sized dairy farm in Wisconsin regarding a fish kill in a nearby creek.
According to a release, Wisconsin Attorney General Josh Kaul announced a settlement with the former owners and operators of Morning View Dairy from Merrill.
The defendants agreed to pay $70,000 to resolve violations related to a fish kill in Devil Creek caused by the farm in 2021. The settlement includes $50,000 to be paid to the Wisconsin Department of Natural Resources for the fish killed.
“The public can help ensure that violations of our water laws are addressed,” said Attorney General Kaul. “Thank you to the person who provided the tip that led to the investigation in this case.”
The release says that a leaky valve on the dairy’s manure storage facility allowed manure to escape and flow into Devil Creek.
The Wisconsin Department of Natural Resources first received a contamination report in Devil Creek on June 9, 2021. On June 10, 2021, staff observed distressed, dying, and dead fish in Devil Creek from the dairy downstream to the creek’s confluence with the Wisconsin River.
The manure caused the dissolved oxygen in the creek to drop to near zero, resulting in the complete kill of all fish species and sizes over 3.8 miles 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.
