A complaint has been filed stemming from a manure runoff that resulted in a fish kill in August 1998.

Saturday, November 13, 1999

A complaint has been filed stemming from a manure runoff that resulted in a fish kill in August 1998.

Leon James Holst, 45, of rural Dexter, has been accused of three offenses: two misdemeanors and one gross misdemeanor.

The gross misdemeanor charge is failure to report water pollution and carries a maximum penalty of one year and/or a fine of not less than $2,500 and not more than $25,000 a day.

Another misdemeanor charge alleges Holst failed to notify and avoid water pollution. The maximum penalty for this charge is 90 days in jail and/or a $700 fine.

The third charge, also a misdemeanor, alleges Holst failed to obtained a feedlot permit and carries a maximum penalty of 90 days and/or a $700 fine.

The incident began Aug. 5, 1998, when officials were advised of a fish kill in Dexter Creek located in Section 35 of Sargeant Township and Section 2 of Dexter Township.

Two boys who had been fishing in the creek observed a large number of dead fish floating in the water.

Bill Buckley, Mower County environmental health director, and agents of the Minnesota Department of Natural Resources and Minnesota Pollution Control Agency, went to the scene to investigate the report. According to the complaint, they saw dead fish and dead crayfish in Dexter Creek as well as a "dark brown-color in the water along with a very strong odor of manure."

Further examination of the creek’s waters in Dexter Township south of the Sargeant Township dead fish location revealed the same.

In the course of their investigation, officials of the three agencies also saw a building site and possible animal feedlot bordering Dexter Creek.

An unidentified neighbor told investigators Holst had been spreading manure for several days in his field across the stream.

Buckley went to the Holst farm, where DNR and MPCA agents were already at work locating the source of the fish kill. They observed manure running from a field into Dexter Creek at, at least, two entry points

Jerry Hildebrandt, an MPCA agent, spoke to Holst, who, the complaint alleged, admitted he and a hired hand spread between 45,000 and 48,000 gallons of liquid manure on the field next to Dexter Creek on Aug. 3 and 4, 1998.

Holst told them the liquid manure was not injected into the ground because the injector equipment was not functioning.

Holst told them he "intended to incorporate the manure into the ground by plowing, but that it rained."

State investigators told Holst the manure had to be incorporated into the ground immediately to stop discharge from the fields into the stream and Holst, using a chisel plow, complied. That stopped the flow of manure from the field into Dexter Creek.

Holst first told investigators he had incorporated the manure into an area of over 10 acres and that the application rate would be "within agricultural standards."

However, the complaint noted, based on investigators’s ground-level observations and aerial photographs of the scene, "It was determined that the defendant had instead applied the entire amount on an area of less than five acres."

Following that application, the fields received approximately four-tenths of an inch of rain Aug. 4 and an equal amount Aug. 5, 1998, when the fish kill was discovered.

The complaint noted, "Despite the rainfall, it appeared that (Holst) made no effort to inspect the field to insure runoff was not occurring or to try and incorporate the manure into the field to prevent runoff."

"In addition, at the time of the manure runoff, (Holst) was operating an unpermitted feedlot with approximately 150 head of cattle," the complaint concluded.

Attempts to reach Holst were unsuccessful and his last attorney of record was also contacted, but he has not yet been retained for the specific purpose of representing the Dexter farmer in this court matter.

The complaint was filed October 28 and Holst has been ordered to appear in court 10:30 a.m. Dec. 27.