Department of Natural Resources and Environment Director Rebecca Humphries announced today that the department has successfully resolved long-standing litigation brought against W. James and Charlene Iseler, owners of the Iseler Dairy in Huron County, through entry of a consent judgment with the 52nd Circuit Court in Bad Axe. 

The lawsuit, filed by the DNRE's predecessor, the Department of Environmental Quality (DEQ), in July 2008 alleged numerous failures by the Iselers to prevent the discharge of wastes from their dairy operation into Willow Creek.  Discharges occurred when waste was not properly collected and contained, and animals were given unrestricted access to Willow Creek, which flows adjacent to their dairy operation.

"This settlement provides for the protection of a critical natural resource while allowing the Iselers to continue their dairy operations," said Director Humphries.  "Our new role as a combined DNRE will create further opportunities to ensure Michigan's environment is protected while providing for the proper use of our state's resources."

As part of the consent judgment, the Iselers have agreed to install properly-designed waste storage structures to contain wastes generated at the dairy, and further agreed to land-apply collected wastes in an environmentally-sound manner.  The Iselers have also agreed to restrict animal access to Willow Creek by placing gate structures and additional fencing on existing cattle crossings, and providing drinking water to cattle in a manner that prohibits direct contact with the creek.  The Iselers have also agreed to partially reimburse the state for its enforcement costs through a $2,500 payment.

Editor's note:  DEQ news releases are available on the department's Internet home page at www.michigan.gov/deq.

"Protecting Michigan's Environment, Ensuring Michigan's Future"