Judge: DNR can't impose requirements on factory farm's wells - WAOW - Newsline 9, Wausau News, Weather, Sports

Judge: DNR can't impose requirements on factory farm's wells

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MADISON, Wis. (AP) -- An Appleton judge has ruled that state officials can't impose monitoring requirements as a condition on high-capacity wells at an Adams County factory farm.

New Chester Dairy asked the Department of Natural Resources for permission to construct two high-capacity wells in 2012. The DNR agreed if the dairy dug three other wells to monitor and collect data on the high-capacity wells' effects on groundwater. New Chester has challenged those conditions.

Outagamie County Judge Mark McGinnis decided the case in an oral ruling Thursday. He found that under a 2011 law, state agencies can't impose permit or license conditions unless those conditions are explicitly permitted by statute or rule. He said the DNR doesn't have explicit authority to impose monitoring requirements.

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