Cambrians for Thoughtful Development

This web page was last modified July 6, 2009 at 10:28 PM.

Contact us!

We need your donations now.

Learn how to donate here.

Contact your Village of Cambria officials

(A by a menu item denotes an updated subject page)

Search CTD site

“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

An Entirely Predictable (And Predicted!) Occurrence

Didion Ethanol’s written report of the June 4th, 2009 corn mash spill

Didion Ethanol’s written report to the WDNR of the June 4th, 2009 corn mash spill is short on details and mainly serves to raise the question as to why the mechanisms touted to prevent future spills aren’t already in place.

Missing are details of the (we hope!) extensive testing ordered in the aftermath of the spill to monitor the wetlands flooded by the river of spilled mash. Missing are details of the extent of the damage done to the existing plant and animal life in the marsh. The week following the spill, we personally witnessed the abundance of certain species indicative of oxygen depleted, low quality water in the wetland. We have no idea, based on this report, whether or not any recovery is in progress.

Item 4 of the proposed prevention plan claims, “Didion is exploring the installation of additional diking that would provide containment for all three fermentation tanks and the beer well," and promises a decision, "…will be made …no later than July 31st, 2009."

Didion’s original plans, as sold to both the Village of Cambria and Columbia County during the permitting stages, were that the entire plant would be enclosed within a dike system. This assertion effectively shut down any discussion of concerns raised about just the sort of disastrous spill we saw take place in the early morning hours on June 4th.

It remains to be seen which, if any, enforcement actions will be taken by WDNR in light of this major industrial spill.

Read Didion’s report here.

June 6th Update

First media sighting of Thursday’s Didion Ethanol mash spill

Beaver Dam radio station WBEV – 1440 AM is reporting the story of the Didion spill. They quote Dale Drachenberg as saying 30 to 40 Thousand gallons of a mixture of corn, water, yeast and enzymes were released into the surrounding wetlands when a safety inspector failed to secure a door into one of the fermentation tanks.

June 4th Update

Early morning spill at Didion Ethanol

June 4th, 2009 – Several members of Cambrians for Thoughtful Development converged on the scene shortly after 8:00 A.M. this morning to witness what appeared to be a substantial corn ethanol mash spill at the Didion Ethanol plant in Cambria. The ditch along Highway 146 at the west end of the plant ran a golden yellow as the mash made its way toward the stormwater pond next to Cabbage Road. It is unknown at this time whether or not the spilled material crossed through the culvert under the highway and into the wetlands to the west of the ethanol plant.

We thank the concerned citizen who was thoughtful enough to bring this to our immediate attention. Wish there were more like you!

Update – As of Friday, it’s clear that the wetlands are contaminated as cleanup efforts continued throughout the day.

May 28th Update

Press release and amended complaint

“Cambrians for Thoughtful Development, U.A. (CTD), through their attorneys at the law firm of McGillivray, Westerberg and Bender, filed an amended complaint in their ongoing Clean Air Act lawsuit against Didion Milling, Inc. and sister company Didion Ethanol, LLC. (Didion).”

Here’s a copy of the press release.

Here’s the amended complaint in the case of Cambrians for Thoughtful Development v. Didion.

April 22nd Update

California versus King Corn

April 20th, 2009 – California takes on King Corn, by Matthew Cimitile, The Daily Climate

California regulators, trying to assess the true environmental cost of corn ethanol, are poised to declare that the biofuel cannot help the state reduce global warming.

As they see it, corn is no better – and might be worse – than petroleum when total greenhouse gas emissions are considered. Such a declaration, to be considered later this week by the California Air Resources Board, would be a considerable blow to the corn–ethanol industry in the United States.

April 10th, 2009 Update

Didion faces a second citizen lawsuit for environmental violations

The Midwest Environmental Advocates / Cambria citizen Clean Water Act lawsuit, (case number 09–CV–0213,) hit the dockets in Wisconsin Western Federal District Court this past Thursday, April 9th. A second Cambrians for Thoughtful Development Clean Air Act citizen lawsuit, (case number 09–CV–0139,) was filed in the same court earlier this year on March 10th.

From the press release:

“We are disappointed that we must now resort to litigation,” said Karen Schapiro, Executive Director for Midwest Environmental Advocates. “Our goal is to bring Utica Energy and Didion Ethanol into compliance with the Clean Water Act and give Wisconsin’s waters the protection they deserve. Polluters must understand that they cannot violate the law, gaining an unfair competitive advantage over the state’s responsible businesses, while those who rely on clean water suffer the consequences.”

February 25th, 2009 Update

Didion Ethanol cited for wastewater permit violations

Didion moves into new violation territory after receiving a Notice of Violation detailing their failure to comply with terms of a wastewater permit. This is their first water related violation notice since August of 2007, when they received a noncompliance letter for not adhering to a stormwater plan designed to limit construction site runoff. Didion has received numerous violation notices throughout the years including a violation notice as recently as May of 2008 for failure to comply with terms of their air permit. This newest notice, dated February 17th, 2009, alleges numerous violations.

“During the fall of 2008 Village of Cambria residents and Village Board members as well as representatives from Midwest Environmental Advocates observed foam and chunky brown colored solid material as well as orange and milky colored water being discharged from Didion’s non contact cooling tower outfall effluent pipe…”

There is more. Notice of Violation/Enforcement Conference

February 4th, 2009 Update

MEA announces intent to sue Didion for violations of the Clean Water Act

February 4th, 2009 – From the Midwest Environmental Advocates’ press release:

Madison, WI – Today, Midwest Environmental Advocates filed two separate notices of intent to sue Utica Energy in Oshkosh and Didion Ethanol in Cambria for a combined total of more than 4,994 documented violations of the federal Clean Water Act. Midwest Environmental Advocates filed the notice of intent on Utica Energy on behalf of Clean Water Action Council of Northeastern Wisconsin, and filed the notice of intent on Didion Ethanol on behalf of private citizens of the Village of Cambria. The notices allege continuous illegal discharges of chlorine, zinc, phosphorus and other pollutants into area waters.

Here's the entire press release.

January 30th, 2009

RENEW Energy to file for Chapter 11

January 30th, 2009 – As reported by various news outlets, RENEW Energy, LLC in Jefferson, Wisconsin is taking steps to file for protection under the Federal Chapter 11 bankruptcy laws. Reportedly, the banks will not renew RENEW’s operating loans.

September 19th, 2008

Updated complaint form

Dallas has updated his complaint form to include the latest contact information. You may download the form from our CTD documents page

September 16th Update

New GAO report criticizes EPA’s failure to protect children

September 16th, 2008 – EPA Efforts to Address Children's Health Issues Need Greater Focus, Direction, and Top–level Commitment – United States Government Accountability Office – Document number GAO–08–1155T

The Office of Children’s Health had begun forming internal workgroups, but a new acting director stopped the process in late 2007 to hold individual meetings with EPA’s assistant administrators, and the process remains stalled. We also analyzed EPA’s responses to the committee’s specific recommendations on three recently–considered EPA air quality standards—the National Ambient Air Quality Standards for particulate matter, ozone, and lead—and we found that EPA either offered to consider the committee’s recommendations as part of the public comment process or rejected them.

August 26th, 2008 Update

Added Randolph Wind Project subject page

I’ve added a Subject Page for the recently announced WE Energy Randolph Wind Project. Here is where you will find documents filed with the Wisconsin Public Service Commission, news items, meeting dates and other items of interest. This proposed project will have impacts upon our community. Look for the link near the top of our right–hand menu bar.

August 18th Update

EPA finds Wisconsin counties in noncompliance with 2006 standards

The EPA today disagreed with Governor Doyle’s contention in a December 2007 letter to the EPA that in effect, all Wisconsin counties were in compliance, or well on their way to compliance with new, tighter regulations on PM emissions smaller than 2.5 microns in diameter. In her letter dated August 18th, 2008, EPA Region 5 administrator Lynn Buhl informed Doyle that the EPA contends that 6 Wisconsin counties including Columbia County, are in current noncompliance with the 2006 rule.

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 recognizes 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 fertilizer 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.

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*"