Baileys Harbor surf on Lake Michigan, August 11, 2021. PC: Fox 11 Online
BAILEY’S HARBOR, WI (WTAQ-WLUK) – The state has filed a civil lawsuit against the owner of an abandoned tug boat which has been moored near Bailey’s Harbor for about five years.
Jeremy Schultz, the owner of the M/V Donny S., and Michael Cole, owner of the company where the boat was stored, were sued this week by the state and DNR. Sarter Marine, also listed as an owner of the tug, is also named as a defendant. None have replied to the suit, and no hearings have been scheduled.
According to the suit, Schultz acquired the tugboat in 2021, and it was towed to Bailey’s Harbor. It was moored at Cole’s company, Defendant Iron Works.
“Sometime between November of 2021 and May of 2022, the Donny S. broke free from its mooring, drifted westwards, and ultimately ran aground on the lakebed of Baileys Harbor approximately 580 feet from the shoreline, in what was at that time approximately four feet of water,” the suit states.
The DNR repeatedly contacted Schultz to have him move the boat, but he didn’t. The state then issued a series of citations for “unlawful obstruction of navigable waters.” More than 30 fines of $767.50 were issued, with the suit stating they totaled more than $20,000.
The DNR has raised “environmental concerns related to the Donny S., including asbestos-coated piping, remnant onboard fuels and greases, lead- or cadmium-based paints, polychlorinated biphenyls (PCBs), and tributyltin-based anti-fouling agents that are “extremely toxic to aquatic organisms.”,” the suit states.
Both the town of Bailey’s Harbor and Door County passed resolutions earlier this year, calling for action for the tug to be removed.
“Despite four years’ time and ample notice, Defendants have failed to remove the Donny S. and remedy its existence as a public nuisance. As of the time of filing this Complaint, the Donny S. remains aground in Baileys Harbor,” the lawsuit states. “Unless the public nuisance is abated, the navigable waters of Baileys Harbor, as well as the local ecosystem and surrounding communities, will continue to suffer irreparable injury.”
The suit asks for an order to remove the boat, and for a separate warrant requiring the DNR “to abate and remove the nuisance at the expense of Defendants.”
The Donny S was built in 1949. It’s 135 long, 33 feet wide, and has a 17-foot depth.
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