MADISON, Wis. – Attorney General Josh Kaul, in collaboration with the Wisconsin Department of Natural Resources (DNR), announced that Monroe County Judge Mark L. Goodman has ordered Phil G. Mlsna and Mlsna Dairy Supply, Inc. to pay $209,641.47 for violations of Wisconsin’s wastewater laws at their concentrated animal feeding operation (CAFO) in Sparta, Wis.
“The WPDES permitting system is in place for a very good reason: to protect clean water,” said AG Kaul. “As this case highlights, violations of our wastewater laws can result in significant penalties.”
“Wisconsin’s wastewater laws are in place to protect our environment and ensure safe, clean water for Wisconsinites. Violations of those laws are serious offenses, as they can contaminate our waters, harm wildlife and jeopardize public health,” said Wisconsin DNR Assistant Deputy Secretary Mark Aquino. “We appreciate the efforts of the Wisconsin DOJ to hold violators accountable and protect our natural resources.”
The defendants allowed the Wisconsin Pollutant Discharge Elimination System (WPDES) permit for their CAFO to expire in 2015 and continued operating without a permit for years. During that period, they were not subject to the regulations that other legally permitted CAFOs must follow. Additionally, they constructed a sand separation system without plans and specifications approved by the DNR. The defendants were found liable for all 2,501 days on which the State alleged they violated Wisconsin’s wastewater laws.
After the State filed this case, the defendants submitted a complete application for a WPDES permit to DNR, which was issued effective September 1, 2023.
Judge Goodman held a court trial from November 6-8, 2023, to receive evidence regarding the forfeiture amount for the defendants’ violations. On May 16, 2024, Judge Goodman issued an order requiring them to pay $209,641.47 in total forfeitures, surcharges, court costs, and attorney fees.
The investigation was aided by tips from members of the public who can report anonymously to the DNR Tip Hotline at 1-800-TIP-WDNR (1-800-847-9367).
This case was prosecuted by Wisconsin Department of Justice Public Protection Unit Assistant Attorney General Emily M. Ertel and Paralegals Lisa Rossman and Sara Balde. DOJ staff worked closely with numerous DNR staff members including current Environmental Enforcement Specialist Andrea Gruen and now-retired Environmental Enforcement Specialist Deborah Dix.