Prehearing Conference: Gordondale Farms Inc., DNR-24-0005
Date: 10/02/2024
Time: 10:00 a.m. - End of Agenda
Location: Virtual
Division of Hearings and Appeals, 608-266-7709
On May 30, 2024, the Wisconsin Department of Natural Resources (Department) noticed the final determination to issue WPDES Permit WI-0062359-03-01 to Gordondale Farms Inc. (Permittee). On June 18, 2024, Lisa Anderson, Gary Anderson, Katy Bailey, Stacy O’Carroll, and Marianne Walker (Petitioners) filed a Petition for a Contested Case Hearing with the Department pursuant to Wis. Stat. §§ 227.42-227.50 and 283.63.
By letter dated July 2, 2024, the Department granted the Petitioners’ request for a contested case hearing on six issues. The issues for hearing are:
(1). When the Department issued the Modified Permit did the Department fail to follow state law public participation requirements in Wis. Stat. §§ 283.39, 283.49 and Wis. Admin. Code §§ NR 203.04, 203.08, 203.12 and 203.135? If the Department failed to follow public participation requirements, is the Modified Permit invalid?
(2). Is the Modified Permit invalid because there was a pending contested case petition on the previously issued permit for Gordondale Farms which the Department had granted but had not transmitted to the Division of Hearings and Appeals in accordance with Wis. Stat. § 227.43(2)(a) and Wis. Admin. Code § NR 2.055?
(3). Are Sections 2 and 3.7 of the Modified Permit unreasonable because they fail to ensure compliance with groundwater quality standards under Wis. Stat. §§ 283.31(3) and (4), and Wis. Admin. Code §§ NR 243.13(1), 243.13(5), 243.14(2), 243.14(2)(b)(3), 243.15(7), and 243.19(1)?
(4). Are Sections 2 and 3.7 of the Modified Permit unreasonable because the modified terms and conditions removed the requirement for Phase 2 groundwater monitoring?
(5). Are Sections 2 and 3.7 of the Modified Permit unreasonable because the modified terms removed the requirement that groundwater monitoring occur at a field where Gordondale Farms conducts typical tillage, cropping, and nutrient application practices?
In the matter of WPDES Permit No. WI-0062359-03-2 for Gordondale Farms Inc.
DHA Case No. DNR-24-0005
DNR Case Nos. 24-017
DNR-23-0009
Page 2 of 3
(6). Are Sections 2 and 3.7 of the Modified Permit unreasonable because the sampling frequency for groundwater monitoring is insufficient?
On August 7, 2024, the Division of Hearings and Appeals received, for filing, an original request for hearing from the Department. The parties have conferred and agreed to a date for a prehearing conference.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a prehearing conference on the above-captioned matter pursuant to Wis. Stat. § 227.46(1) and Wis. Admin. Code §§ NR 2.08(5) and 2.12, at 10:00 am on October 2, 2024, via Microsoft Teams. Interested persons may request an email invitation to the Teams Telephone Conference by contacting the Division of Hearings and Appeals at (608) 266-7709. In the alternative, those interested may participate by telephone by calling (608) 571-2209 and entering Phone Conference ID 906 042 222#.
Any person, organization, or governmental unit wishing to become a party to this proceeding must attend the conference personally or by an authorized representative. The purpose of the prehearing conference will be to identify parties to the proceeding, to simplify or clarify the issues which may be contested at the hearing, identify witnesses, discuss the exchange of exhibits, establish a discovery schedule, address any other matters as may aid in the disposition of the action, and confirm the date for the contested case hearing. No testimony will be heard at the prehearing conference.
The hearing in this matter is a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a), and the fair play provisions of Wis. Stat. ch. 227 will apply. The procedures relating to contested cases set forth in Wis. Admin. Code Ch. NR 2 will be followed. Said procedures will closely resemble those that are normally followed at a trial in State circuit court. All parties are advised that they have the right to seek the aid and assistance of legal counsel and to be represented by legal counsel at the contested case hearing.
The permits, petitions and other information relating to the petitioner are on file and may be inspected and copied at the offices of the Department of Natural Resources, 101 South Webster Street, Madison, Wisconsin, between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. Copies of documents on file related to the permit may be obtained by writing to the Department of Natural Resources, P.O. Box 7921, Madison, Wisconsin, 53707-7921. Reasonable costs will be charged for copies of all information excluding public notices and fact sheets.
Pursuant to the Americans With Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please call the Division of Hearings and Appeals at (608) 266-7709 with specific information on your request prior to the date of the scheduled prehearing or hearing.
