The Vernon County Land and Water Conservation Department (LWCD), reported Monday, that it and the Wisconsin Department of Natural Resources (DNR) are conducting an investigation of the Ocooch Dairy of rural Hillsboro.

A problem with milkhouse waste runoff and manure runoff was noted in early September, and an investigation, with sampling, was pursued, according to the LWCD. Ocooch Dairy is owned by Jim Mlsna.

The LWCD sought a court order on Oct. 3 and excavated an area near the milkhouse waste holding tank. Modifications to the construction design were discovered, according to the LWCD. These modifications allowed an intentional overflow of the waste holding tank, which also included manure; diverted the manure and waste overflow underground through a pipe to a location downhill from the structure; and discharged waste and manure out of the hillside with flow into the South Branch of the Baraboo River, the LWCD reported.

The LWCD and the Wisconsin DNR will coordinate prosecution of Ocooch Dairy, including applicable fines and reimbursement of cost-share dollars received. Vernon County Conserva-tionist Kelly Jacobs said that the charges and counts to be sought by the county and DNR will be determined in a meeting that could be held yet this week.

Mlsna said that the overflow was not intentional. He said it was created by wastewater from a milkhouse drain and that he’s cooperated with the investigation.

“They’re saying alterations were done,” Mlsna said. “We didn’t alter it.”

Mlsna said the problem will be solved when the 525-cow dairy builds a new milking facility, which is already in the works. He said the hillside where the wastewater was deemed to be draining has many drains running from it.

“We want zero runoff,” Mlsna said. “We know there are errors in management at times… We don’t want to kill fish and we don’t want (manure runoff).”

The investigation into Ocooch Dairy would likely make some people happy, Mlsna said, as he’s been a vocal proponent of large-scale farm initiatives in Vernon County.

A 4,000-gallon manure spill was reported at Ocooch Dairy in October of 2006. Mlsna was cited for that incident and paid a $444.60 fine after being found guilty of the ordinance violation of deposit deleterious substance in waters. In October of 2007, another overflow was found at Ocooch Dairy by the DNR. Mlsna said he was not cited for that incident.

Following the April 2008 general election, a group, Citizens for Agriculture and Friends of the Environment, (C.A.F.E.), through Mlsna, was issued a forfeiture citation for running a political advertisement without citing the name of the treasurer of the group. Mlsna said he was the group’s treasurer. Mlsna said he paid a $50 fine and court costs to settle that matter.