Cambrians for Thoughtful Development

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“The time has come,” the Walrus said,
“To talk of many things:
Of shoes—and ships—and sealing–wax—
Of Cabbages—and Kings…”

Important Dates and Times

August 5th Update

Opinion and Order issued in Federal case

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 Update

New report “Paints Grim Picture for Corn Ethanol”

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 Update

More analysis of leaked World Bank biofuels report

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 recognises 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.

July 4th Update

Leaked World Bank biofuels report

July 4th, 2008 – Secret report: biofuel caused food crisis by Aditya Chakrabortty – The Guardian
“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 fertiliser prices accounted for an increase of only 15%, while biofuels have been responsible for a 75% jump over that period.

Print version

June 30th Update

Milton plant article

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.

June 19th Update

United Ethanol inspection report

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 Update

Didion WPDES challenged

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.

May 22nd Update

Revised Didion Notice of Violation

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.”

May 10th Update

New Didion violation

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.

May 4th, 2008 Update

Highway 146 spill

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.

Photographs of the May 4th spill here.

April 22nd, 2008 Update

Milton plant in non–compliance

The Wisconsin Department of Natural Resources issued the controversial Milton plant operated by United Ethanol, LLC a Letter of Non–compliance on April 16th, two days after issuing Didion their latest Notice of Violation. It appears the DNR’s South Central Region air management team were in overdrive last week!

Like Didion, United Ethanol was put on notice for failing stack tests required as a condition of their operating permits. Both companies failed the tests by quite egregious margins.

The Department of Natural Resources (Department) has reason to believe that United Ethanol, LLC (UE) is in non-compliance with its construction permit, Permit # 06-DCF-094, issued on Aug. 31, 2006, and Wisconsin’s air pollution control regulations at its plant located at 1250 Chicago St., Milton, WI. More specifically, the Department believes that United Ethanol is not in compliance with the following permit conditions, Wisconsin Administrative Codes and Wisconsin Statutes related to the most recent RTO (Stack S09; Controls C06, C07 (multiclone, RTO); Processes P33, P34; - DDGS Dryers, DDGS Cooling Cyclone; P42, P43; Truck Loading Rack and Railcar Loading Rack.) compliance stack testing.

Here’s the letter.

April 17th, 2008 Update

Another Notice of Violation

Didion Milling has received another in a long list of environmental violations, this time for failing a grain dryer stack test. Passing this test is a requirement of their current air permit.

According to the results of the S23 stack test, conducted on January 3 and 4, 2008, Didion allegedly operated in violation from September 26, 2007 until February 27, 2008. On January 3 and 4, 2008 a stack test was done on both PM10 and PM emissions. The PM emission rate was tested at 15.52 pounds per hour. The permitted level is 6.96 pounds per hour.
Didion has allegedly exceeded their PM emission rate by twice the permitted level in violation of permit 07-DCF-003, section I.S” P16, S23, 1.a.(1), s. NR 404.08(2), Wis. Adm. Code, s. NR 415.05(2), Wis. Admin. Code, and s. 285.65(3), Wis. Stats.

Here is a copy of the latest violation.

March 31st Update

Didion violated Clean Air Act, Cambrians lose for now

Cambria, Wisconsin — In an opinion signed February 27th, U.S. District Court Judge Barbara Crabb found against the plaintiffs Cambrians for Thoughtful Development (Cambrians) and for the defendant Didion Milling, Inc. (Didion) in a suit over Didion’s violations of the Clean Air Act. Didion won their motion for summary judgment based on a technicality. Judge Crabb does note that Cambrians’ February 2nd notice of intent to sue may support standing for further action but ultimately finds, “…the fact that there may be ongoing egregious and chronic violations… does not entitle plaintiffs or the court to ignore the requirements for jurisdictional standing.” Judge Crabb agreed with Cambrians in her opinion that, “It is undisputed that defendant violated the Clean Air Act by failing to comply with the terms of its permits.”

Here are the full press release and Judge Crabb’s Opinion and Order.

March 20th Update

Citizens of Sparta win!

March 19th, 2008 – Agreement settles Sparta ethanol plant controversy by Steve Cahalan – LaCrosse Tribune
SPARTA, Wis. – Century Foods International will buy the proposed 83.7–acre Sparta ethanol plant site from Coulee Area Renewable Energy LLC. CARE will not build an ethanol plant within three miles of Century Foods’ Sparta plants. And all lawsuits filed during the yearlong fight over the proposed site will be dismissed. Those are highlights of a 15–page settlement agreement the Sparta City Council approved Tuesday night. Besides the city, Century Foods and parent company Hormel Foods Corp., CARE and Friends of Sparta – a citizens group that opposed the proposed Sparta ethanol plant – are parties to the agreement as well. All of the parties were plaintiffs and/or defendants in lawsuits over the site.

March 8th, 2008 Update

New Didion Notice of Violation

Based on information compiled by the Department, we are alleging that Didion Milling constructed an air pollution source without a permit in violation of Section 285.60(1)(a), Wis. Stats.
The Department is specifically alleging that Didion constructed three new hammermills without a construction permit.

Here is a copy of the March 6th, 2008 Notice of Violation.

This is a February 13th letter from the DNR to Dow Didion denying an exemption for the hammermills.

February 29th, 2008 Update

Didion green certification pulled

CTD couldn’t believe their eyes after reading Didion Ethanol’s press release Tuesday afternoon. Didion announced that they had received a Wisconsin Department of Tourism “Green Travel Destination” certification through the Wisconsin Environmental Initiative. The press release even quotes Governor Doyle speaking of Didion in glowing terms. One problem, Didion received a Notice of Violation less than 2 weeks ago alleging environmental violations.

We got on the phone, hoping against hope that there had been a terrible mistake or perhaps that this was an early April Fool’s joke. No, it was quite real. We told the rest of the story.

By Thursday morning, The Wisconsin Department of Tourism made their decision and pulled Didion’s green certification. We applaud the WDT for making the only decision possible to maintain the integrity of the certification program.

Here are the February 26th Didion press release and our February 28th press release.

Update

We received word on Friday that calls to the Department of Tourism regarding the Didion certification suspension are now being referred to the Governor's press office. The Governor's people are reported to have stated that the Didion certificate wasn’t suspended but that Didion has been asked not to use the certification logo and promotional materials until the situation is rectified.

First and foremost, I have to ask: why is the Governor’s office so keen on inserting themselves into this situation if it’s no big deal? Secondly, why is the Governor’s office spinning this story in such a way as to soft-peddle what occurred here? The Wisconsin Department of Tourism made a major blunder and the Governor is quoted as whole–heartedly endorsing a company which received a Notice of Violation less than two weeks earlier.

This is the email upon which we based our press release. The subject of the email is, “Travel Green Wisconsin Certification Suspension.”

February 20th Update

CTD notifies Didion of our intent to sue over latest violations

CTD gave notice upon learning that Didion (1) constructed a major stationary source of particulate matter air pollution without first applying to the Wisconsin Department of Natural Resources (WDNR) for the necessary construction permits and without complying with Best Available Control Technology, (2) that Didion is causing violations of the state's air quality standards, and (3) that Didion is failing to operate its pollution control equipment in the manner required by law.
CTD is currently suing Didion in the Federal Western District Court of Wisconsin for enforcement of Clean Air Act violations at the same facility here in Cambria.

Here is a copy of the press release.

February 19th Update

Didion receives latest in a series of violation notices

Didion Milling has received the latest in what appears to be their ongoing series of Notices of Violations from the Wisconsin Department of Natural Resources. The latest notice alleges violations of the monitoring requirements contained within Didion’s current air permit as well as serious violations of air quality standards for particulates.

Based on information compiled by the Department, we are alleging that Didion Milling is operating in violation of air pollution control construction permit number 07–DCF–003, air pollution control construction permit number 06–DCF–166, your Ambient Air Monitoring Compliance Plan, and Chapter 285, Wis. Stats. which governs air pollution. The Department is specifically alleging that Didion failed to monitor as required by their air pollution construction permits and their Ambient Air Monitoring Compliance Plan, and that the Ambient Air Quality Standard was exceeded.

Here is a copy of the latest Notice.

February 6th Update

Committee members resign

February 6th, 2008 – Two members of various Cambria Village committees have resigned in the wake of trustee John Domino”s resignation on Monday night. Both cite the impending Didion wastewater permit as a major factor in their decisions.

Wade Smith’s letter.

Dallas Buchholz’s letter.

February 5th Update

Long–time Village trustee John Domino resigns at the end of Monday night's board meeting

February 5th, 2008 – Cambria Village trustee John Domino resigned from the village board Monday night. His resignation is effective immediately. John cited the Didion Ethanol application for a WPDES permit to discharge wastewater into Duck Creek and Tarrant Lake as the “straw that broke the camel’s back”

John Domino’s resignation letter.

January 10th Update

New letter of noncompliance

I have just learned that Didion Milling received another letter of noncompliance from the Wisconsin Department of Natural Resources. The letter is dated January 4th, 2008 and regards exceedences of permitted levels of particulate emissions from Didion’s current operation. The levels detected indicate unhealthy levels of particulates in our air. The community has once again been put at risk.

Letter of Noncompliance

January 7th Update

Didion development agreement counterproposal

Another Didion counterproposal considered by the village board during the January 7th meeting.

Didion January 7th counterproposal

December 19th, 2007 Update

Village response to amendments of counter proposal on developer agreement

Here is the counter–counterproposal from the Village to Didion.

December 18th, 2007 Update

Didion counter proposal on developer agreement

Here is the counterproposal from Didion which was offered in response to the village’s initial proposal.

December 3rd Update

Cambria board approves preliminary developer’s agreement with Didion

The Cambria village board approved a preliminary developer’s agreement which will now be delivered to Didion/Didion Ethanol. The agreement follows numerous closed door sessions taking place over nearly a two month period.

Village attorney Vytas Salna characterized an early draft agreement offered by Didion to the Village as “skimpy.” Tonight’s agreement weighs in at a scant eight pages. I’m curious to hear how Attorney Salna characterizes this document.

Here is a scanned copy of the agreement.

October 31st Update

Summons and complaint filed in circuit court

Cambria village attorney Vytas Salna filed a summons and complaint in Columbia County Circuit Court on Tuesday October 30th. The complaint seeks a temporary restraining order to halt the ongoing activity within the Cabbage Road right–of–way, along with fines, attorney fees, and court costs.

A cover letter from Salna accompanying the document indicates that there are “other things in the works.”

This is a scan of the certified copy received in the village office. The scan includes a cover letter to the village clerk, the summons, the complaint, and exhibits.

October 24th, 2007 Update

Back to court

October 24th, 2007 – The fur was flying in Cambria Tuesday night as the Village President walked out amidst questions concerning conflict of interest, while (almost) resigning, then returning as the board voted (once again!) to take Didion Milling to Columbia County Circuit Court. The board claims that Didion has not lived up to promises made to the Village and has violated it’s road agreement and Village ordinances (once again!).

Fur flying

October 22nd, Update – Cambria made ’em do it?

Monday – As quoted in a Portage Daily Register article today, Dale Drachenberg of Didion Milling implies that there was no choice but for Didion to install their tunnels despite their lack of permission from Cambria to do so.

“We could either finish the road as per the road agreement and then turn around and tear it up once we reached a developer’s agreement, or we could not pave it and be in violation of the agreement,” Drachenberg said.

Of course, this never was a simple either/or situation. Among other options, Didion could easily have discussed this with the Village before proceeding (or not) with their tunnels. Didion themselves have caused many delays in the construction of Cabbage Road by failing to follow their agreement.

It is laughable to claim as Drachenberg does in this article that this is a safety issue. If Didion Milling were truly concerned about safety, they never would have built their plant next to Cambria in the first place. If they plan to run ethanol through the tunnel to a load–out facility near the railroad tracks, they will be filling tank cars with an explosive mixture of gasoline and ethanol less than 2000 feet from our K–12 school. That is certainly not a safe situation.

October 20th Update

Second tunnel crossing Cabbage Road

Tunnel 2 on Cabbage Road

A second tunnel is being constructed across Cabbage Road

October 12th Update

Didion receives another “cease and desist” letter on Cabbage Road

October 12th, 2007 –

Cambria Village attorney Vytas Salna issued a letter to Didion Milling on Wednesday demanding Didion “…cease and desist any construction under or through Cabbage Road by trenching or other means until this matter is resolved.”

Acting on a report by a village trustee, Rob Roth of General Engineering, a firm overseeing Didion’s construction activities on Cabbage Road, visited the site and reported back to Salna. Didion was undertaking construction of a tunnel or conduit under the road to be used in conveying materials from the current mill to the ethanol plant under construction on the opposite side of the road. Didion currently has no permission to undertake this construction. It was anticipated that Didion would seek permission for such a structure in upcoming negotiations on a developer’s agreement with the village.

There has been an exchange of letters between attorneys for both sides. The village maintains that Didion has no rights to the ground underneath Cabbage Road, while Didion’s attorney, resurrecting a claim made during Columbia County hearings on the project, claims that the village only has easement to the surface of the right of way. Cambria attorney Salna’s response to this claim reads, in part, “Whether that concept would stand the test of legal challenge is one for the future. The Judge would have to consider the implications of general subsurface rights…”

Photographs taken Thursday afternoon of the activity show Didion is continuing the construction in defiance of Salna’s letters.

Unpermitted construction in Cambria, Wisconsin on Cabbage RD

Didion Construction continued Thursday afternoon in defiance of a cease and desist letter issued by the Cambria village attorney – Photograph by Bonnie Smith

These are the letters so far:

  1. October 10th Salna cease and desist letter
  2. October 10th Didion attorney McCleod’s response
  3. October 11th Salna response to McCleod

October 1st Update

Village attorney's opinion on Perry conflict

Cambria village president Tim Perry revealed tonight for the first time in a public meeting that his son is now employed by Didion. Village attorney Vytas Salna issued his opinion earlier today on this potential conflict of interest. Salna concludes in part,

…since the public would always be concerned whether the individual Trustee is voting his conscience or because of a family relationship, it would be my opinion and recommendation that the Trustee abstain from voting on any issues involving DIDION.

Here’s a copy of the opinion in full.

Notice of Non–Compliance

Didion receives another notice from WDNR

On August 7, 2007 Department storm water staff inspected the construction site of Didion Milling, Inc. in the Village of Cambria, Columbia County. This was a follow up inspection to determine if implementation of BMPs were consistent with the sites stormwater plans and to check if previous problems observed from an inspection conducted on April 3, 2007 had been corrected. On both occasions it was observed that certain sediment controls of the construction site were not installed and/or maintained. As a result, sediment-laden runoff is able to leave the construction site and enter a wetland to the north of Cabbage Road or tributaries on both the east and west side that ultimately flow to the North Branch of Duck Creek.

August 9th, 2007 Notice of Non–Compliance

September 10th Update

Tonight’s board meeting

Badger State Fire

Story inside

July 24th, 2007 – Badger State Ethanol Silo Fire in Monroe, WI

Please see story on our “Incidents” page.

July 17th Update

Summary of permitted emissions

This document compiles both the maximum “Potential to Emit” for the six criteria pollutants and the projected Hazardous Air Pollutants (HAPS) quantities allowable under Didion’s latest draft air permit. Potential risks have been added for each pollutant listed.

July, 2007 – Didion Emissions Summaries

June 12th Update

Village settles for $25K

June 8th, 2007 – Didion Milling cuts a deal for $25,000, by John Mueller of CTD

After reconvening in open session Tuesday evening, the Cambria Board settled a lawsuit against Didion Milling for the cut–rate price of $25,000.

In negotiations with Dow Didion and Dale Drachenberg leading up to the settlement, and in discussions surrounding a Cabbage Road agreement, the two Didion representatives managed to give the impression that Didion Milling was the wronged party. Indeed, at times they managed to portray Didion Milling as positively impoverished.

(I’m left to ponder what the going rate is these days for a meeting between yourselves, your paid lobbyist, and say… Governor Doyle. Guess it would leave the rest of us feeling rather impoverished, too.)

Deducting costs to the Village, the reduced sum of $25K to settle the lawsuit represents total forfeitures by Didion for their ongoing ordinance violations of less than $2000. Chump change.

I look for the Village of Cambria’s fire sale pricing to continue.

June 8th Update

Village wants $30k from Didion

June 8th, 2007 – Village of Cambria seeks $30,000 from Didion Milling, by John Mueller of CTD

In special session held in the Cambria Community Room Thursday evening, Didion Milling was given until June 15th to consider an offer by the Village of Cambria to settle the lawsuit currently on hold in The Columbia County Court system. The lawsuit was filed to recover forfeitures and costs incurred by Cambria for violations of Village ordinances.

The Village alleges that Didion operated heavy equipment on Cabbage Road without first obtaining a permit. In addition the Village alleges that Didion undertook other construction in the Cabbage Road right–of–way without first seeking permission from Cambria. This construction interfered with drainage the Village believes helps protect Tarrant Lake and other Village property. A temporary ditch ordered by Cambria has since been constructed at Didion’s expense to alleviate the immediate danger.

Portage attorney Vytas Salna, who represents the Village of Cambria, stated that the $30,000 figure is “sort of non–negotiable” and represents Cambria’s best, bottom line offer to Didion to settle the lawsuit. Salna went on to explain that there were many other issues to be resolved before a developer’s agreement would be considered.

This document detailing costs incurred by the Village of Cambria was distributed at the June 7th meeting.

June 1st Update

Ethanol featured in the Shepherd Express

May 31st, 2007 – The Fuel of the Future? by Dennis A. Shook – The Shepherd Express
Wisconsin should turn its cornfields into ethanol, the proposed energy source of the 21st century, says Gov. Jim Doyle. But is that a realistic goal or just wishful thinking? Is ethanol the clean, renewable energy source touted by its supporters? Or is it simply a ploy that appeals to some politically powerful constituencies?
May 31st, 2007 – Not in Their Back Yard by Dennis A. Shook – The Shepherd Express
If ethanol is the wave of the future, why are many people resisting the production plants that manufacture it?

May 16th Update

Columbia County Hazard Mitigation Plan

n.d. – Columbia County Hazard Mitigation Plan, prepared by Vierbicher Associates – This copy of the plan may be a draft copy as it appears to be incomplete and contains inconsistencies such as disagreement between numbers within the text and the same categories of numbers compiled in the tables. Some maps and tables referenced in the text are not included for unknown reasons. While the focus of the plan is damage inflicted by natural disasters, there is mention of man–made disasters and particularly mention of ethanol plants in Columbia County. Thus the relevance to this web site.

(Here is an excerpt from pg. 55 under “Vulnerability Assessment”)

For the purpose of this plan, critical facilities are categorized using the following classification scheme.
  1. Type I a facility that primarily provides an essential public service
  2. Type II a facility that can cause greater damage to surrounding areas (e.g., HAZMAT production, storage, transfer)
  3. Type III a facility that primarily houses special populations (e.g., elderly, children)
The Cambria–Friesland Ethanol Plant is the County’s only Type II facility. It is a new facility and went on line in 2005 with annual production exceeding 40 million gallons of ethanol. Following production, the ethanol is transported via truck and rail for distribution. A new ethanol plant is being proposed in the Town of Courtland near Cambria.

(And a related excerpt from pg. 70 under “Vulnerability Assessment”)

Terrorism — Wisconsin Dells is ranked as a top priority terrorism location due to its large concentration of tourists. Terrorist attacks can be large or small. The ethanol production facility also could be a potential target.

May 12th Update

Nippon TV visits Cambria

A news crew from Nippon TV, Japan’s largest television network, were in Cambria on Saturday afternoon to videotape various scenes in and around Cambria. The network is working on a story about the ethanol industry in the U.S. The story will run in June during the national eco–week in Japan.

A security guard employed by Didion Milling was unsuccessful in his attempt to prevent the crew from videotaping from the public right–of–way on Cabbage Road.

May 8th Update

Jeff Schumacher newest trustee

Monday May 7th, 2007 – The Cambria village board selected Jeff Schumacher to fill the trustee seat vacated when Tim Perry accepted the position of village president. Jeff garnered the 4th highest number of votes when three new trustees were elected in April.

May 4th Update

Nick Hollis on Fox News

Nicholas Hollis of the Agribusiness Council appeared briefly on Fox News this past Earth Day to give his take on the Great Ethanol Scam. Someone has finally posted a cilp on YouTube.

Fox News April 22nd, 2007

Stanford study

Here's a YouTube clip from the Stanford News Service discussing the April 2007 study Nicholas refers to in the Fox News clip.

April 30th Update

CTD files suit against Didion Milling for violations of the Clean Air Act

Cambrians for Thoughtful Development, UA
Cambria, Wisconsin

April 30th, 2007 FOR IMMEDIATE RELEASE

Cambria, Wisconsin Cambrians for Thoughtful Development (CTD), through their attorneys at the law firm of Garvey, McNeil, & McGillivray, filed suit today in U.S. District Court for the Western District of Wisconsin against Didion Milling, Inc. (Didion) for environmental violations. The lawsuit is filed under the citizen suit provision of the Clean Air Act.

CTD seek an end to Didion's violations and ask the Court to impose fines, oversee compliance, and to order an environmental mitigation project in compensation for their violations.

Didion has operated a milling operation in Cambria since the early 1990s. Didion has been found to be in violation of air quality and other environmental regulations over the years. According to documents obtained under Wisconsin’s open record laws, Didion received their latest Notice of Violation from the Wisconsin Department of Natural Resources on December 20th, 2006 for violating the air permit they received in October of 2006.

In March of 2000 Didion Milling signed a consent decree with the EPA and paid a $107,500 fine for Clean Air Act violations at a Prairie du Chien facility.

Last year, despite strong opposition from CTD and the Village of Cambria, Didion was issued the permits they needed to begin construction of an ethanol plant in the Town of Courtland, just south of and adjacent to their Cambria facilities. CTD is concerned about the ongoing violations at Didion’s existing mill and question Didion’s ability to operate the mill and the proposed ethanol plant in an environmentally responsible manner. CTD seek to protect themselves, their families, and their neighbors.

Mary and Tom Jansma, plaintiffs and members of CTD live right next door to Didion. Mary comments, “We’re not going to wait for the EPA and DNR to act on this matter. Our granddaughters spend a lot of time on our farm, and we shouldn’t have to live with Big City air quality problems in the country. We’re going to hold their feet to the fire on this. Soon they’ll be handling much more volatile compounds with their ethanol plant and you’d better believe we’re not going to trust them with our health and well being.”

John Mueller, also a plaintiff and member of CTD agrees, “Somebody has to hold Didion accountable for their repeated violations and we’ve waited long enough.”

###

April 1st Update

Town of Dover ethanol seminar

HEED, the citizens group in Town of Dover hosted an “Ethanol 101” seminar recently. Ed Garvey and Sarah Lloyd were among the participants and there are clips available on YouTube.

March 18th Update

Open Meetings law victory

March 18th, 2007 – Sunshine on a cloudy day by Christa Westerberg – FightingBob.com
Have you ever read news of a development project and wondered, “Now, when did that get approved?” Or have you been surprised to see the quiet field near your home become a new construction site?
If so, don’t chastise yourself for being a bad citizen or assume you’ve simply missed the project’s publicity. Your government may have been meeting in secret, depriving you and the rest of the public of a chance to learn about a plan until it’s too late to do anything about it.

March 15th Update

Latest OSHA violations

In an advertisement published on March 10th in the Beaver Dam Daily Citizen we read, “Safety First at Didion Milling Ethanol”. The ad goes on to say, “Didion Ethanol is proud to be associated with the following companies who are safely constructing our ethanol facility,” and, “These companies bring experience and a record of safety…etc.” We are treated to photographs of men in safety vests, safely working in their safe and secure work environment. As this ad seems to come out of nowhere (why this emphasis on safety? why now?), I patiently (and safely!) waited for a response to my most recent Freedom of Information Act request, hoping to have my answers. The document packet from OSHA has now arrived.

OSHA visited Didion Ethanol’s local construction site on January 3rd, 2007 in response to an employee’s anonymous complaint. While not all of the conditions cited in the original complaint were still in existence (allegedly substandard scaffolding had been removed, some damaged equipment no longer on site, etc.,) the visit did result in numerous serious safety related citations which added up to a combined proposed penalty of $6800. This was later reduced to $2800 by a standard OSHA informal settlement process not unlike you or me appearing in court seeking a reduction on a speeding ticket.

Among conditions cited

The inspector also discovered frayed crane slings, broken strands in a crane cable, and frayed welding leads. The slings and welding leads were not in use at the time of the inspection.

The report looks at other factors used in determining a resolution. In 2006, one Didion employee at their Johnson Creek facility had the tip of a pinky fingered lopped off, while here in Cambria on Christmas Eve morning, an employee had the skin peeled from a pinky finger. An earlier 2006 FOIA request details a hapless employee injuried when his supervisor’s jerry–rigged shelving collapsed under the weight of the rebar the employee had been ordered ordered to stack there. The employee was pinned by the collapsed shelving and rebar which crushed his ankles.

Didion has been cited in the past for fire safety violations and for not implementing proper training in fire safety procedures.

One of the selling points Didion used over and over in convincing various governmental bodies to approve their plans was the claim that there would be 200 construction jobs generated by this project. (Please note that this is a standard jobs figure cited by the ethanol industry.) In the OSHA reports on the various violations at Didion’s job site we find that the number of employees exposed to the potential hazards of each violation is 20, ten times fewer than the sales pitch would have us believe.

Our Didion Milling, Inc. page has an accounting of the more recent OSHA citations issued to Didion.

March 14th Update

Village files case in circuit court

March 13th, 2007 – The Village of Cambria filed in Columbia County Circuit Court today. The case is named, “Village of Cambria vs. Didion Milling Inc et al” and has been assigned a case number of “2007CX000001”. The case type is listed as, “Complex Forfeitures”.

March 13th Update

Ethics questions

The two lead sponsors of a bill in the Wisconsin Legislature promoting the use of ethanol and the purchase of cars that run on an 85% blend of the corn–based fuel have financial ties to the ethanol and automotive industries, records show.
Hahn said he's already received an 80% return on his ethanol investment. Hahn also recently invested $2,000 in a start-up biodiesel plant, he said. “Maybe I’ll have to convert that to my wife’s name,” he said.

More in the Milwaukee Journal Sentinel article by Raquel Rutledge here.

March 9th Update

No more “Deals Done in the Dark”

March 8th, 2007 – Community broke law, appeals court rules: It says Milton should’ve made the ethanol plant debate public by Dan Benson – Milwaukee Journal Sentinel

The City of Milton violated the state’s open meetings law when its City Council, over a period of nine months, secretly negotiated a deal to bring a $70 million ethanol plant that opened this week to the community of 5,500 people just north of Janesville, a state appeals court has ruled.
“We cannot accept the proposition that a governing body’s belief that secret meetings will produce cost savings justifies closing the door to public scrutiny,” judges on the 4th District Court of Appeals wrote in an opinion issued Thursday.
“We knew going into this case that the decision wouldn't have a lot to do with the ethanol plant,” said Madison attorney Christa Westerberg, who represented Citizens for Responsible Development. “But it has everything to do with open government.”

Congratulations to Attorney Christa Westerberg and to the rest of the fine folks at Garvey McNeil & McGillivray .

March 7th Update

From the So What Did You Expect? department

March 6th, 2007 – The Columbia County Planning and Zoning Committee approved Didion’s request to rezone the former Koopmans property from Agricultural to Industrial over the objections raised by citizens from Cambria. The rezoning recommendation will be passed along to the full County board for final approval. In a separate hearing, the Committee voted to table for one month their final decision to approve Didion’s conditional use permit application. Who knew?

On a related note, Plan “A” meets Plan “B” and begets Plan “C”.

March 5th, 2007 Update

Cambria board authorizes legal action regarding Didion Milling’s alleged unauthorized activities along Cabbage Road

March 5th, 2007 – In a special meeting tonight the Cambria village board voted to “Authorize the Village Attorney to Proceed Against Didion Regarding Ordinance 8–1–13 and 9–3–10(a).” The board also moved to authorize General Engineering to proceed with the hydrological study needed before undertaking the construction necessary to restore the proper drainage in the Cabbage Road right–of–way.

March 4th, 2007 Update

Citizen victory in Dover

March 3rd, 2007 – 1 ethanol plant site dropped by Kris Kochman – Milwaukee Journal Sentinel

Town of Dover — The developer of a controversial ethanol plant announced last week that he had dropped efforts to build the plant behind the Town Hall on an 80-acre site a quarter–mile west of Highway 75, on the south side of Highway 11.

Congratulations to HEED and the residents of Town of Dover. Well done!

February 18th, 2007 Update

January OSHA visit

January 3rd, 2007 – OSHA paid an unannounced visit to Didion’s construction site. Details of the results are on our Didion Milling page.

February 14th Update

Notice issued

February 12th, 2007 –, Cambrians for Thoughtful Development sent Didion Milling a notice through our law firm, Garvey McNeil & McGillivray. The notice states our intent to bring suit against Didion in U.S. District court for violating air emission regulations as provided for under citizen suit provisions of the Clean Air Act.

Here is the 60 day Notice of Intent, which is now a public record.

January 26th Update

Enforcement conference

On Tuesday, January 23rd, the Wisconsin DNR held an enforcement conference in Madison regarding Didion Milling’s December 20th Notice of Violation. Participants in the conference included the environmental enforcement specialist who issued the Notice, air management specialists, John Didion, Dale Drachenberg, a lawyer representing Didion, and a representative from the company which is employed by Didion to negotiate air permitting.

Didion at no time disputed the allegation that they violated the terms of the permit issued on October 19th, 2006. Instead, they maintained the position that they would never have agreed to the terms of the permit had they really understood the terms contained therein. Their lawyer claims that Didion had to lay off 30-35 people due to the operating restrictions contained in the present permit and it is hurting the “little people”.

This claim of misunderstanding the permit rings rather hollow as the permitting process is essentially a collaborative effort undertaken by the DNR and representatives hired by Didion to work out details of the permit. This is a process measured in months.

The DNR has not reached a decision at this time as to how they will proceed. Among the options available: referring the violation to the Department of Justice, revoking the permit, and/or allowing Didion to modify the terms of the existing permit.

January 26th Update (cont.)

Permit application

On January 8th, 2007, Didion Milling filed an application to the DNR to modify the air permit just issued on October 19th, 2006. This existing permit is the permit Didion is alleged to have violated beginning the day after it was issued.

According to the application, Didion will seek to extend the operating hours for their corn dryer from the present 5 hours a day, 60 days a year to 8 hours a day, 365 days a year. This rather astonishing increase would be allowed based upon new manufacturer's data for the grain dryer. It remains to be seen whether or not this new data is supported in reality. Related to this operational increase, they seek to increase their annual dryer capacity or throughput.

Didion seeks to add 2 new three million BTU gas–fired mill burners. These are to be used in “toasting” operations.

Didion seeks to add two new 100 foot tall Dried Distillers Grain storage silos and it appears, a load–out storage building for the dried grains. All of these structures would be added to the Cambria portion of their facility.

The application contains a previously unseen site plan which shows what appear to be two conveying systems crossing Cabbage Road and lines which can only be the proposed rail spur crossing Cabbage Road and the related sidings on the Courtland site. The rail lines border the wetlands and creek which eventually empty into Tarrant Lake.

Permit application with the DNR designation “07–DCF–003”

Latest site plan

January 9th Update

Village caucus results

The village caucus was lively and well attended last evening. Here are the candidates:

Village president – Dedria Thayer and Tim Perry.

Village trustee (3 positions) – Dallas Buchholz, Janelle Zacho, Jeff Schumacher, John Domino, Barbara Link, and Mike McConochie.

Here all of the voting results in order:

President – Dedria Thayer 32, Tim Perry 27, and former village president Chet Stringfield 4.

Trustee – Incumbent Janelle Zacho 34, Dallas Buchholz 32, Jeff Schumacher 24, John Domino 15, Mike McConochie 15, Barb Link 15, Marty Stringfield 14, Larry Sailor 13, Russ Ratjczek 11, Chet Stringfield 8, and Amy McBride 7.

Didion’s Attorney Threatens CTD members With Lawsuit

Eric McLeod of Michael Best and Freidrich and nephew of local real estate broker John McLeod, sent a letter on behalf of Didion Milling to the Village attorney on Monday afternoon, just hours before the Cambria Plan Commission was to meet. The timing and content of the letter were an apparent attempt to intimidate members of the Plan Commission to keep them from participating in the discussion and from voting on the proposed changes to strengthen Cambria’s industrial zoning codes.

The attorney threatened to sue under State ethics laws on the grounds that members of CTD would gain a substantial benefit by such participation. This is laughable on the face of it. Were CTD to prevail in containing Didion, we’ll still be out countless hours of our lives and substantial sums of money for our efforts.

I’m happy to report that this blatant attempt at intimidation failed miserably.

December 18th, 2006 – Letter from Didion’s attorney Eric McLeod

December 18th Special Board Meeting

Report on Monday night’s meeting

A number of decisions were made at Monday night’s board meeting which have considerable bearing on the Village’s position regarding Didion Milling. You may read more about the meeting in the report below from the Portage paper. In addition to what was reported, two more decisions were reached: The Board voted to deny Didion a temporary permit to move heavy vehicles on Cabbage Road and the Board voted to deny Didion a permit to excavate on or in the right-of-way of Cabbage Road.

December 19th, 2006 – Cambria files injunction against Didion by Ann Marie Ames – Portage Daily Register CAMBRIA — It may be a small village, but Cambria wants you to know that if you play in its yard you have to follow its rules.

Tuesday, December 5th Update

The December 4th board village board meeting

Tuesday, December 5th, 2006 – Board fails to make ethanol decision by Ann Marie Ames – Portage Daily Register
CAMBRIA — The Village Board decided Monday night that it needed to make a decision — either step aside and let Didion build its ethanol plant or continue to stand in the way. But after much discussion, a little arguing and two failed votes, the board moved no closer to that decision. At a regular board meeting Monday night, village officials faced three items regarding an ethanol plant under construction in the town of Courtland, just beyond village limits. Board members tabled two of the items and failed to take action on a third.

Letter To The Editor

Ken Merwin weighs in on Didion Milling

December 1st, 2006 – Enough is enough with Didion efforts by Ken Merwin – Portage Daily Register Mailbag
This company continues to try to dupe residents, farmers, etc., into thinking that ethanol production is the absolute necessity for our village.
I am against their efforts, as are many others, yet they continue to violate the very ordinances we all must live by with little or no punitive actions taken.
Enough is enough.

Monday, November 28th Update

CDA board meeting

Tuesday, November 28th, the Community Development Authority met to discuss a number of changes to our village ordinances. Read all about it in the article below.

Wednesday, November 29th, 2006 – Village wants to cut off ethanol at the source by Ann Marie Ames – Portage Daily Register ‘It isn’t so much to regulate what (current manufacturers) are doing, it’s to tie into the prohibition,’ said General Engineering’s Robert Roth of the changes. ‘If something is a permitted use already, it wouldn’t apply.’

Tuesday, November 21st, 2006 Update

So, what did you expect?

As predicted, the Columbia County Board of Adjustment upheld the Planning and Zoning Committee’s decision to issue Didion Milling their Conditional Use Permit to build and operate an ethanol plant. At the hearing, we learned that a publicly noticed “hearing” is more in the nature of a “listening” as no testimony from anyone other than CTD's attorney was heard. The Adjustment Board appeared to have a difficult time of it understanding exactly what “deliberation” in a “open public forum” actually means. Indeed, at times the “hearing” seemed to be more in the nature of a therapy session involving the presumed hurt feelings of the Planning & Zoning Committee members than a discussion of the merits of our appeal. Oh, well.

Friday, November 17th Update

Court rejects motion to stay construction

November 16th, 2006 – More legal wrangling, but no Didion stoppage by Ann Marie Ames – Portage Daily Register, and Capital Newspapers
JUNEAU – A motion to force Columbia County Building and Zoning Commissioner John Bluemke to stay a conditional use permit granted to Didion Milling for the construction of an ethanol plant in Cambria has been denied.

Wednesday, November 8th Update

Shoreland protection?

November 8th, 2006 – Didion gets OK to put pond near proposed ethanol plant by Ann Marie Ames – Portage Daily Register Tuesday night, the Columbia County Planning and Zoning Committee unanimously approved a conditional use permit to allow Didion Milling to build a water retention pond on the site of its proposed ethanol plant.

New Ethanol Subsidy Study

Yeah, it’s as bad as we think it is.

A new study from the International Institute for Sustainable Development confirms that the questionable benefits derived from biofuels, particularly corn ethanol, comes at a high cost to taxpayers. Learn more on our “Money, Agribusiness, and Politics” page.

Sunday, November 5th Construction

Yep.

November 5th, 2006

Saturday, November 4th Construction

Yep.

November 4th, 2006

Friday, November 3rd Construction

Yep.

November 3rd, 2006

Thursday, November 2nd Construction

Yep.

November 2nd, 2006
November 2nd, 2006 – Feud growing over road’s ownership by Ann Marie Ames – Portage Daily Register
The road that divides Cambria from Courtland may have just gotten more divisive. On Wednesday morning, the town of Courtland approved a draft resolution stating the town would oppose any attempt by the village of Cambria to assert ownership of Cabbage Road or to interfere with the town’s interest in the road.

Wednesday, November 1st Construction

Still working

November 1st, 2006

Saturday Construction

Again

October 28th, 2006

Friday Construction

Work continues…

October 27th, 2006

Thursday Construction

Still working

October 26th, 2006

Wednesday Construction

Still working

October 25th, 2006

Tuesday Construction Update

Photographs

October 24th, 2006

Construction Continues

Monday construction photos

October 23rd, 2006

October 21st, 2006 Update

Didion moves dirt

In what has become a pattern in Didion Milling’s latest push to build their ethanol plant, where major PR moves are made just prior to the weekend, work began on Friday at the Town of Courtland site. We have photos of the first day’s activities. See you all Monday.

Oh, and that brand new ethanol plant up in Dunn County? They already have noise complaints after one month of operation …

This web site represents the combined effort of a diverse group of citizens from within the Village of Cambria and the surrounding northeast portion of Columbia County. It is meant to be a research tool and as such, will be modified and added to over time. 

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*"