(also d.b.a Grand River Distribution, L.L.C.)
(also d.b.a Didion Ethanol, L.L.C.)
This web page was last modified May 30, 2009 at 5:19 PM.
"…(And then) there are the business enterprizes (which) seem to exist for the sole purpose of collecting publick monies in the form of subsidy. They are the first to puff out their chests, strut about, and proclaim loudly their goodness to the world." - Norman Des Plume
CORPORATION, n. An ingenious device for obtaining individual profit without individual responsibility. – The Devil’s Dictionary by Ambrose Bierce – Copyright 1911 by Albert and Charles Boni, Inc.
Columbia County will not enforce a stay against construction work taking place on the future site of Didion Milling’s ethanol plant, although the legal counsel of a grass–roots group requested that the county do so.
CAMBRIA – Earth moving continued over the weekend at the site of the future Didion Milling ethanol plant, although the village of Cambria expects Columbia County to order construction work to halt sometime this week.
A citizens’ group, Cambrians for Thoughtful Development, appealed the permit, stating that it does not follow county guidelines.
Didion Milling says work will continue on the 10-acre site for its proposed ethanol plant today. But some say the county should put a halt to construction, and Friday night the Village Board turned down a temporary permit that would have allowed Didion to cross Cabbage Road with heavy equipment.
CAMBRIA — Village Hall was a pressure cooker Wednesday night and cabbage was the entree.
Opponents of a proposed ethanol plant near Cambria will make another attempt to block its construction.
Once the appeal is filed, the five–member Columbia County Board of Appeals will hold a public hearing to hear testimony on the plant. The board could uphold, overturn or re–word the committee’s decision, said Planning and Zoning Director John Bluemke.
The Columbia County Planning and Zoning Committee unanimously approved a petition by Didion Milling for a conditional use permit to operate an ethanol plant in the town of Courtland on Tuesday, just over the southern–most border of the village of Cambria.
“This is not the end,” said village resident John Mueller, a member of the outspoken grassroots organization Cambrians for Thoughtful Development.
The Cambria Village Board voted 6-1 Monday night to allow special counsel Richard Lehmann to craft a new ordinance banning chemicals or materials used in the production of ethanol from being stored in the village.
Trustee Tim Perry voted against the motion.
Tempers ran high at times in a debate Tuesday about a proposed ethanol plant in the town of Courtland, but the County Planning and Zoning Committee chose to let the debate simmer for one more month. After hearing two hours of testimony during a public hearing Tuesday, the Columbia County Planning and Zoning Committee decided it needed more time to approve a conditional use permit for the proposed Didion Milling ethanol plant.
No means no. But in case it doesn’t, the Cambria Village Board has drafted a list of operating conditions for a proposed ethanol plant.
“They are having a hard time maintaining their current permits,” said Trustee John Domino. “These are the types of things we need to ensure they are doing for our safety. This is just a grain silo. They are proposing a distillery.”
Economic Development Manager Bruce Kepner of Alliant Energy talked swiftly about ethanol’s benefits Monday and appeared surprised when he was questioned by a trustee. “I get the feeling that you’re trying to annex property or change the ordinance. We listened for 45 minutes about how ethanol is a great industry and great neighbors,” said John Domino, Cambria trustee.
(The County Board passed the rezone) Wednesday, despite nearly an hour of debate on the rezoning. Cambria resident Dallas Buchholz asked the board to question the wisdom of the Cabbage Road site in the town of Courtland, since it is less than one–half mile from both the Cambria—Friesland School District and residential development. The proximity to such properties and the comparatively small 10–acre parcel both go against industry placement standards, Buchholz said. ‘I’ve stated before and often that the majority of opponents in Cambria have no problem with an ethanol plant located one mile away from the village. Would this be so difficult to accomplish?’ he asked.
The Village Board tabled the document and it will be put up for discussion at a later date, said Vytas Salna, village attorney. (Dow) Didion sat down with supporters of the plant and listened to residents who do not believe the corporation’s promises.
“We haven’t discussed it with our attorney yet,” said Village President Gary Nehring. Trustee Janelle Zacho pointed out that the village had already voted that it did not want an ethanol plant. “I think we need more specifics from Didion,” said Zacho. “We need a lot more information from you than this.” Cambria village attorney Vytas Salna told Didion that the two–page agreement was pretty skimpy. He said that he had seen developer’s agreements that run 10 to 20 times longer. “There are a lot of wishes in here,” Salna said.
Portage — A zoning petition for an ethanol plant on the outskirts of Cambria stalled out before the Columbia County Board Wednesday night. Although it amounts to a delay and a victory of sorts for plant opponents, the delay was perhaps a fitting resolution for the evening. The contentious site for Didion Milling’s proposed plant generated more than an hour of debate between supporters and opponents alike, all part of a rare large crowd for a County Board meeting.and
Supervisor Donald Nelson gave the most impassioned remarks of any board member, saying the village of Cambria, after the expiration of legislation protecting it from a plant proposed in 2002, was now getting railroaded by the town of Courtland and farming interests, and that many speakers Wednesday night were making broad appeals with promises of economic incentives rather than dealing with the fallout from an ethanol plant. ‘Who can be against the jobs and economic development any more than you can be against apple pie, motherhood and waving the flag on the Fourth of July? They turn it into that and they forgot the people that are going to be libeled and the people who have to live beside it and the people who have to run their community and provide services for this new industrial site,’ Nelson said. ‘Cambria is at the mercy of this board, and that shouldn’t be.’
June 10th, 2006 – Columbia County committee approves rezoning – Beaver Dam Daily Citizen – The divisions between property owners were stark during the debate; town of Courtland officials and residents asked for the ethanol plant to move forward, saying the plant would bolster revenues and provide employment for the sparsely populated area. On the other side, residents from inside Cambria told the committee there were enough issues such as water use and environmental concerns to warrant rejecting the rezoning.
Linda and Randy Link, of Cambria, maintain a farm of livestock and cash crops. "We’re here to support ethanol. It is really good for the environment and the future for our kids. Farming is a tough business," Linda said. "(We support ethanol) so our boys don’t have to go to Iraq," Randy said. The couple have two sons, 22 and 20.
May 3rd, 2006 – Ethanol plant clears hurdle by Amanda Lutey – Beaver Dam Daily Citizen – TOWN OF COURTLAND – Didion Milling cleared its first hurdle in its plan to build an ethanol plant Tuesday when the Courtland Town Board unanimously approved a resolution to change the zoning from agricultural to industrial for the 10–acre parcel where Didion plans to build.
(editor’s note: My more accurate headline would read ‘Didion Milling steps over prone governmental body’.
April 28th, 2006 – Didion Milling Considering Ethanol Plant Near Cambria – Wisconsin Ag News Headlines: Didion’s Operational Manager Dale Drachenberg told Wisconsin Ag Connection that his firm is more optimistic this time around. "We feel that this new ethanol plant is a good thing for the entire local economy, not just agriculture," Drachenberg said. "Our hope is that the citizens of our area will be more accepting this time…" Didion is currently in the process of submitting applications for rezoning and a conditional use permit for the site…
April 26th, 2006 – Didion proposes another ethanol plant by Craig Spychalla – Portage Daily Register – CAMBRIA — Last time, it divided a small community with farmers on one side and the village on the other. This time the village might not have a say. Although Dale Drachenberg, vice president of operations at Didion Milling, said last week he knew of no plans for an ethanol plant, the company said Tuesday it is going ahead with an attempt to propose a 40–million–gallon plant in the town of Courtland.
Fire destroyed a building at the Didion Milling plant, located at the intersection of County Road A and S, east of the city of Markesan.
A natural gas leak at the Didion feed mill, operated by Didion Milling Inc., forced the evacuation of about 500 Cambria–Friesland School students and more than 100 other people in northern Cambria Monday morning, police said.
(Extracted from the EPA AIRS/AFS database.) Name: Beginning With: Didion Milling Results are based on data extracted on May-30-2009 Facility Information: PLANT NAME: DIDION MILLING, INC. STREET ADDRESS: 501 S. WILLIAMS ST., BOX 495 CITY NAME: CAMBRIA COUNTY: COLUMBIA STATE: WI ZIP CODE: 539230495 COMPLIANCE STATUS: IN VIOLATION WITH REGARD TO BOTH EMISSIONS AND PROCEDURAL COMPLIANCE* LATITUDE: 0 AFS PLANT ID: LONGITUDE: 0 CDS PLANT ID: 08152 INVENTORY YEAR: PRINCIPAL PRODUCT: EMERGENCY CONTROL: CORPORATE LINK: No MAPPING INFO: MAP CLASS CODE: POT EMISSIONS BELOW MAJR SOURCE THRESHOLDS IF COMPLIES WITH FED REGS/LIMITS STACKS: 0 POINTS: 0 No pollutant codes are available for the above listed facility. * (The EPA IDEA database lists Didion as in High Priority Violation and out of compliance with the CAA.)
Parts of Didion Milling’s property as it appears in 2006
The Department is alleging that Didion Ethanol is in violation of Ch.283, Wis. Stats, and WPDES Number WI–0063771–01–0 issued on April 1st, 2008.
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).
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.
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. Adm. Code, and s. 285.65(3), Wis. Stats.
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.
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.
In reviewing the laboratory data from the analysis of the sample filters, the grain dust portion ranged from a low of 47% to a high of 95%. You indicated in your letter of December 7, 2007 that these 5 sample exceedances were due to construction activities associated with the new expansion. While all samples had an inorganic contribution of greater than 10%, the May 24 sample was there a very significant contribution [34%] which may be of that origin, the majority material collected was grain dust. Since Didion Milling is the only operation that may be a source for the grain dust during this time frame, the responsibility of the exceedances is Didions and thus the basis for this Letter of Noncompliance.
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 site’s 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.
1. We were disappointed to be meeting with Didion in another enforcement conference.
According to information compiled by the Department, Didion Milling has allegedly operated in violation of NR 406.10, Wis. Adm. Code. This code requires the owner or operator of a stationary source construct and operate in accordance with conditions contained in construction permit number 06-DCF-166. This permit was issued on October 19, 2006.
The Department is specifically alleging that Didion operated the grain dryer before 10 AM and after 3 PM almost daily from October 20, 2006 through November 30, 2006. The Department is also alleging that Didion dried grain on December 1, 5, and 6, 2006 and operated the grain dryer before 10 AM and after 3 PM on these days.
Since it appears that the provisions of permit number 06-DCF-166 have been violated since its issuance, I have scheduled an enforcement conference for Wednesday January 10, 2007 at 1:00 PM. (Was rescheduled) The conference will be held in the Gathering Waters meeting room at the Department's South Central Office located at 3911 Fish Hatchery Road, Fitchburg.
According to information compiled by the Department, Didion Milling is allegedly operating in violation of NR 406.10, Wis. Adm. Code. This code requires that an owner or operator of a stationary source construct and operate in accordance with conditions contained in construction permit number 02-RV-166, issued on May 12, 2005.
…The Department believes that violations alleged in this Notice meet the federal criteria of High Priority Violations. Under the federal HPV enforcement policy, the Department must seek an appropriate resolution to the alleged violations and refer Didion Milling to the Wisconsin Department of Justice.
According to information compiled by the Department Didion Milling is allegedly operating in violation of ss. NR 406.01 (1) (ce). and NR 440.47 (h)., Wis. Adm. Code. These codes are required for those grain storage facilities that have an average of greater than 5500 tons per month of throughput and greater than 1 million bushels of storage capacity.
The claim regarding total storage capacity was from information submitted by Didion Milling, Inc. to Michael Sloat in a meeting held at South Central Region Headquarters on June 6, 2002. This information identifies that at some point in 1999, total storage capacity became greater than the 1 million-bushel threshold as allowed in NR 440.47 (2)(h), Wis. Adm. Code.
It has been brought to our attention that a hazardous substance discharge occurred at Didion Milling, Inc. on or about February 8, 2002. On February 15, Conservation Warden Heather Gottschalk and I met with Glen Sharp at the Cambria facility. We learned that the spill was not reported or cleaned up. Chapter 292, State Statutes, requires immediate notification and prompt cleanup of a hazardous substance discharge (copy of statute enclosed).
Mr. Sharp advised us that the discharge occurred on February 8 and that a total quantity of 20-50 gallons of oil was discharged to the ground when an engine piston cylinder failed. Our research implies that with this type of equipment failure, the total quantity of oil involved is expected to be approximately 100-150 gallons.
Please be aware, however, that this letter is a formal warning to refrain from such unauthorized activity in the future. You are hereby informed that this letter will be retained in our violation files. In the event of a subsequent violation, this action may be taken into consideration when determining an appropriate legal or administrative remedy to be sought.
According to information on hand and belief of our staff, we believe that you are in apparent violation of Chapter 30 of Wisconsin Statutes, which governs the navigable waters of the State of Wisconsin.
Department staff have observed that on or before November 18, 2000, grading occurred on your property at 501 South Williams in the Village of Cambria, Columbia County. In addition to the grading, all vegetation along the banks of the North Branch of Duck Creek was removed. The North Branch of Duck Creek is a waterway regulated by the state.
IMPACT: On March 1, 2000, United States District Judge Barbara B. Crabb approved the entry of a Consent Decree executed by the parties in United States v. Didion Milling Company, Inc. (Case No. 99-C-261-C in the United States District Court for the Western District of Wisconsin). The Consent Decree resolves alleged violations of the Clean Air Act for a penalty payment of $107,500.
The Complaint alleges that Didion violated Section 133(b) of the Act, 42 U.S.C. § 7413(b), by failing to comply with applicable regulations in the federally approved Wisconsin State Implementation Plan ("SIP"). Specifically, the Complaint alleges that the environmental violations arose from Didion’s failure to obtain a construction permit for, as well as control the emission of excess particulate matter from, a temporary grain transfer facility. Additionally, the Complaint alleges that Didion failed to comply with certain specified conditions of its 1996 air permit issued by the Wisconsin Department of Natural Resources ("WDNR"), including the failure to use air pollution control equipment, at its grain transfer facility which was located on St. Feriole Island in Prairie du Chein, Wisconsin.
The Department believes that all fill material extending beyond the toe of the slope of United Maize’s existing parking lot must be withdrawn. We’re requesting that you hire a qualified consultant to develop a detailed site assessment addressing the following:
1. The removal of accumulated corn waste from the channel downstream of the project area. 2. Reestablishment of the wetland and stream channel to its original contours within the fill area. 3. Proper disposal of all wastes resulting from this project. 4. A timetable for completion of this work.
Fiscal Year Value 2000 $17,212,000 2001 $39,544,000 2002 $34,386,000 2003 $49,317,000 2004 $71,050,054 2005 $49,108,051 2006 $50,810,579 2007 $79,785,003 Total Dollars - 2000 through 2007 $391,212,687 (source: Federal Procurement Data System - Next Generation)
May 30th, 2006 – Didion has filed two assessment appeals which could effectively lower their assessed valuation from $4,557,100 to $1,587,176. That’s a cut of close to $3 Million dollars or a devaluation of about 65%. This appears to be similar to the procedure Didion followed in 2001 to successfully exempt their then existing silos as manufacturing equipment.
If this appeal is successful, Didion's total valuation will have increased by only $40,776 or about 2.6% in five years.
In consideration of evidence submitted and testimony given at a public hearing on September 5, 2006 the Columbia County Planning and Zoning Committee at their October 3, 2006 meeting approved a Conditional Use Permit for a 40 million gallon corn based ethanol production facility with the following findings, conclusions, and conditions:…Document incorporates Developer’s Agreement between Didion and Town of Courtland signed August 29th, 2006.
Development Agreement between Didion Milling, Inc. and Town of Courtland, Columbia County, Wis. regarding development of an ethanol plant in Town of Courtland. Signed by Glen Smits – Town Chairman, JoAnn Wingers – Town Supervisor, Charles Sytsma – Supervisor, Dow Didion for Didion Milling, Inc.
The cost to the Village of Cambria is ZERO …If you have any questions, please call me at 920–348–5868, ext. 815.
…While the scope of this review is limited to whether the site is appropriate for industrial zoning, the proposed use of the property for an ethanol plant can not be totally ignored; however, as previously noted the issues associated with this proposed development will be dealt will (sic) via a Conditional Use Permit. Also, because there are many allowed uses in the Industrial District which may not be the best long term use of the property, consideration should be given to making the rezoning effective upon the approval of a Conditional Use Permit for an ethanol plant. Finally, as was the case in 2003, the zoning should expire within a specified time if the Conditional Use Permit is not obtained for an ethanol plant.
DETERMINATION The preliminary determination of the DNR Air Management Program is that this project when constructed or modified and operated consistent with the application and subsequent information submitted will be able to meet the emission limits and conditions included in the attached Draft Permit. A final decision regarding emission limits and conditions will be made after the Department has reviewed and evaluated all comments received during the comment period. The proposed emission limits and other proposed conditions in the Draft Permit are written in the same form that they will appear in the construction permit and, where applicable, the operation permit. These proposed conditions may be changed as a result of public comments or further evaluation by the Department.
This permit is valid only for the structure, building, facility, equipment or operation specifically identified herein.
On January 2, 2004, the Board received a notice of appeal from Didion Milling of Johnson Creek, Wisconsin (contractor), regarding the assessment of liquidated damages under contracts (numbers VEPE01037, VEPE01058, VEPE01065, VEPE01076, VEPE01133) to deliver a corn-soy blend product. The contractor disputes the assessment of $33,842.84, said to arise from the late delivery of railcars.
¶6. Didion argues, in essence, that the determination that Gohlke's claim was timely was a "manifest disregard of the law." We disagree…
At its June 11 meeting, the NGFA Executive Committee reviewed the actions of Didion Milling Inc., Johnson Creek, Wis., during the recent Arbitration Case Number 1978 [Didion Milling Inc. vs. Richard Gohlke]. Both the original decision and appeal decision were published and enclosed with the April 18, 2002 edition of the NGFA Newsletter. The Executive Committee, by more than the necessary two-thirds vote, approved the expulsion of Didion Milling Inc. from membership in the National Grain and Feed Association on the basis of two violations of Arbitration Rule 9(a). Arbitration Rule 9(a) states, in relevant part: ‘There shall be no appeal under these rules from the decision of the Arbitration Appeals Committee. The party or parties to the appeal shall comply with the terms of the National Arbitration Appeals Committee award within fifteen (15) days from the receipt of said award.’
At the end of the term of the agreement, Didion presented a final profit/loss ("P/L") statement to Gohlke that showed him owing Didion $19,030.20. Gohlke contested this statement on the grounds that Didion withheld information required by the Management Agreement and provided inaccurate measurements of inventory in order to underestimate the profitability of the facility. Gohlke claimed damages in the amount of $299,197.94…
(Of course, as of October 1st, 2006, Grand River is listed as "Delinquent" in their filing information.)
August 9th, 2007 –Didion’s Wisconsin Corporate Entities – original document (updated)
Play your very own game of “Pin the Name on the Didion Donkey” Which name will the Didion corporation wear this week? This is a timeline charting the Wisconsin manifestations of the many–headed hydra which, for convenience’ sake, we call “Didion”.
Please note that, especially in the case of beginning dates, these are dates for which we have documentation. It is known that at least some of the corporations, (such as United Maize), came into existence well before the dates given here. We will update this timeline as new information comes to light.
‘I believe in ethanol. I believe ethanol is good for the quality of the air, I believe ethanol is good for the agricultural sector of our economy.’ President George W. Bush
Over the past few weeks you have received a lot of information about ethanol. Unfortunately, much of the information being put out is simply untrue. Some opponents of the plant are trying to scare the people of Cambria and to divide our community. Other opponents are well–meaning, but misguided in their efforts to keep Cambria from growing.
Didion acknowledges that it must file a notice of intent with the DNR as to stormwater discharge. Due to adjacent surface waters, this site may receive a detailed review by the state that requires the preparation of a complete stormwater management plan. The grading of the site would also be reviewable by the county under the Shoreland–Wetland Protection Ordinance, and it is possible that a Chapter 30 grading permit would be required by the DNR as well.
Suggested Rules for Village of Cambria Hearing scheduled for 6:30PM – 02/10/03Released through an Open Records request, John Didion gives helpful suggestions on running a hearing. Rule number eight reads:
The Village board will have a uniform (sic) police officer present during the hearing to help facilitate an orderly hearing.Apparently, after some discussion with his people, John follows up with an additional email adding:
I think the uniformed police officer is strong. You should delete that. I am sure Chief Nelson will be there.
This ia one of the websites I was looking into for information to help our cause.
* From a P.R. blurb on the Didion Milling page for the June, 2006 Orlando IFT Food Expo: Our family of employees operates Didion Milling on the small town, good for you principles and values that have made Didion Milling one of the most respected millers and food processors in the US.
