Here is the link:
DNR investigative report on Rush River Fish Kill-April 2011
Just as I thought. DNR did not feel there was enough evidence to prosecute and Jon De Farm has taken no personal responsibility to this point to make an effort to repair the damages they caused. It is a Sad State where our resources are not more aggressively protected, and those who claim to actively support safe, green, farming practices seem to shun responsibility for the reparations of their actions, accident or not. The fish kill numbers are far understated from eyewitness accounts.
From the DNR Spill Response:
When a warden gets a call about a spill, their follow up may include additional phone calls to get more information about the nature of the spill, going to the site, and/or requesting other DNR assistance (e.g. fish managers, water resources staff and spill coordinators).
Note: The fish managers didn’t seem to be included in the spill management until after the fish kill.
From the DNR Spills Program:
…Use tillage implements to work up the ground ahead of the spill or use absorptive materials.
4. Begin cleanup.
Use pumps to recover liquids.
Land apply on approved cropland at appropriate rates.
The plans leaves a lot of leway for handling the spill.
It seems that the farm and the government should have monitored the situation further after the spill was plowed in since there was a chance for run off with precipitation. The warden could have checked DO at the first visit, rather than just looking at turbidity. Because of the sensitive location, time of year, ground saturation and precipitation, followup visits and monitoring would have seemed wise and cost effective.
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