Introduction

The State of Wisconsin has areas that have very little topsoil, bedrock that is fractured and sink holes.  This allows application of liquid manure to seep into the groundwater.  Hilly terrain in parts of the state allows more runoff, resulting in non-point pollution of surface water.  A farmed area located in the floodplains and headwaters, where the streamflow predominantly consists of surface runoff from flashfloods that are caused by snowmelt and rainfall, is a major cause of pollution and silt deposits in our streams and lakes.  This results in increased vegetation growth, kills of food chain organisms, kills of non-game fish species and the most dramatic result--fish kills of all the fish.

Fish kills, ground water pollution, non-point runoff, health and other problems from spills and other discharges from animal waste storage and application are common and well documented in Wisconsin and other states.  Some of these were due to negligence and non-compliance to the existing regulations but a lot of these happened even though the existing rules were followed.

The State of Wisconsin does not have the personnel to monitor the existing permits to know if the operator is following the regulations of his permit.  Some operators report spills and other violations and in some cases citizens report them to local agencies that do not inform the proper WDNR Staff of the violation.  The current system depends on voluntary compliance by the operators.  This does not work because of the large amount of animal waste that has to be disposed of.

At some facilities land application is used more for waste disposal then for required nutrients for growing crops.  The storage and application of liquid manure can be done properly and safely without endangering our natural resources or the quality of living in our communities.

We have encountered these problems with the Rush River watershed in western Wisconsin due to farmers plowing, spreading liquid manure and tilling it in the fall.  This area consists of hilly terrain and flood plain.  They do not leave buffer strips or crop residue to stop topsoil erosion and runoff from entering the intermittent streams and dry runs.  The silt and runoff end up in the Rush River causing vegetation growth, which depletes oxygen.  It was so bad this year that kids wading in the river broke out in rashes.  I’ve lived here all my life and I have never seen it this bad.

"The current system depends on voluntary compliance by the operators.  This does not work because of the large amount of animal waste that has to be disposed of."

Most of the problem originates in St. Croix County where the Rush River consists of intermittent streams that flash floods due to the large flood plain.  We have reported the problems to the WDNR and to soil conservation officials, but they can’t do anything about it.  I was told that if the farmers don’t sign up for any state or federal soil conservation programs, they aren’t made to stop the runoff into the river.  The WDNR said their only way to enforce the nutrient management plan was to take away the permit, which is considered too drastic a measure.

The following recommendations are a result of research we have conducted by observing problems in our watersheds, using reports and studies done by Wisconsin and other states, EPA studies, USDA studies, from information we gathered at hearings on animal waste facilities, and by speaking with farmers and agriculture specialists.  We are very concerned about maintaining the quality of our natural resource and the quality of living we now enjoy.  We are not experts in this field but based on our research, we would like to have these recommendations implemented.
 

Proposed changes and additions
 

• WHEREAS the WDNR does not have adequate regulations or adequate personnel with the means to enforce the regulations to ensure the safety, health, and quality of living of the citizens of the State of Wisconsin, and to protect our ground and surface waters from contamination from animal waste storage and application,

THEREFORE BE IT RESOLVED that no new permits for animal waste facilities be issued until adequate regulations and sufficient number of personnel with the means to enforce these regulations is in place.

• WHEREAS the current regulations do not require an environmental impact statement and considering the amount of waste that is produced by these facilities and the threat it poses to our natural resources,

THEREFORE BE IT RESOLVED that a environmental impact study be completed prior to the approval of a large animal waste facility permit.

• WHEREAS the current regulations only apply to large animal waste facilities with over one thousand (1,000) animal units, said regulations do not protect the safety, health and quality of living of the citizens of the State Wisconsin nor protect our ground and surface water from contamination by the construction or expansion of several smaller animal waste facilities under one thousand (1,000) animal units,

THEREFORE BE IT RESOLVED that permits be required for the construction of new or expansion of existing animal waste facilities with five hundred (500) animal units or more.

• WHEREAS under the current permit process only the residents and landowners where the proposed animal waste facility is to be located are notified about public hearings; other residents and landowners in that watershed which will be affected by the facility are not notified. The residents and landowners do not have the final decision about a large animal waste facility being placed in their communities.  They should be the ones to decide on an issue that will affect their quality of living,

THEREFORE BE IT RESOLVED that all residents and landowners in that watershed be notified so they have input into the decision at a public hearing. That all the residents and landowners in a five (5) mile radius of the proposed site of the large animal waste facility get to vote on whether they want a large animal waste facility in their community.

"If these changes cause an increase in the cost to the consumer for the farm produce, that is a price we must pay, or the toll will be paid in ill health, shortened lives and loss in the quality of our natural resources."

• WHEREAS current regulations do not require the testing of groundwater prior to the construction of a new or expansion of a existing large animal waste facility or annual testing of groundwater after the facility is built to ensure the quality of drinking water in the community,

THEREFORE BE IT RESOLVED that groundwater be tested prior to the construction of a new or expansion of a existing large animal waste facility and annual testing of the groundwater thereafter to ensure the quality of drinking water in the community.

• WHEREAS current regulations do not require adequate setbacks for the construction of new large animal waste facilities,

THEREFORE BE IT RESOLVED that the following setbacks be required:

• One half (1/2) mile from a Public Park(s);
• One half (1/2 mile from 10 or more residences or a municipality;
• One fourth (1/4) mile from an Urban Expansion Management District;
• One fourth (1/4) mile from a neighboring residence;
• New large animal waste facilities shall not be located within a shoreland or floodplain;
• Three hundred (300) feet from all public and private drainage ditches;
• One half (1/2) mile from an FAA approved airport;
• No non-farm dwelling shall be allowed within one fourth (1/4) mile of an existing feedlot, unless it  is to replace an existing dwelling;
• One fourth (1/4) mile from a building used as a church, synagogue, or place of worship with regular scheduled services;
• One fourth (1/4) mile from a cemetery governed by a cemetery association, local government or congregation of worshipers;
• One half (1/2) mile from any school, hospital, nursing home, child day care or business;

• WHEREAS current regulations allow uncovered clay lined lagoons for storage of liquid animal waste.  Studies have found problems with excess leakage, deteriorating sidewalls, leakage due to burrowing rodents and overflowing due to rainfalls.  These problems combined with the types of bedrock and sinkholes found in a large portion of the State of Wisconsin results in the contamination of the groundwater,

THEREFORE BE IT RESOLVED that all large animal waste facilities be required to store liquid animal waste in lagoons lined with concrete or other durable liners that do not allow any leakage or seepage and that said lagoons have covers to prevent rainwater from entering the lagoon.  All existing clay lined lagoons should be replaced with concrete or other durable liners and have covers. They should not grandfathered in.

• WHEREAS current regulations allow the liquid manure to be surface or irrigation applied.  These methods create a threat to the safety, health, and quality of living for the citizens of the State of Wisconsin due to release into the air of toxic fumes.  They also pose a threat due to runoff.  According to the USDA there is new equipment available to inject the manure with minimum tillage,


THEREFORE BE IT RESOLVED that all liquid manure should be injected using minimum tillage methods.

• WHEREAS current regulations do not adequately monitor the amount of liquid manure used per acre and it is not monitored adequately to ensure that manure is not over applied,

THEREFORE BE IT RESOLVED only the amount of liquid manure needed for the crop planted should be used and the land used for the plan should be annually tested to ensure that the liquid manure is not over applied.

• WHEREAS current regulations allow for fall plowing and application of liquid manure next to dry runs, intermittent streams and other environmentally sensitive areas that are located in the watersheds of surface waters.  This increases the amount of non-point pollution that enters our lakes and streams,


THEREFORE BE IT RESOLVED that permits for large animal waste facilities shall require that a minimum of thirty (30) percent crop residue be left within two hundred (200) feet of dry runs, intermittent streams and other environmentally sensitive areas until after the snowmelt and ground thaw in the spring season.

• WHEREAS current regulations do not require adequate vegetated buffer strips next to dry runs intermittent streams and other environmentally sensitive areas and areas that flash flood due to spring runoff and rainfall, which allows excess non-point pollution to enter our surface waters,

THERFORE BE IT RESOLVED that permits for large animal waste permits require vegetated buffer strips be required between the cropland and the dry runs, intermittent streams and other environmentally sensitive areas.  The size of the buffer strips should be based on Natural Resources Conservation Service- Conservation Standard 393 (1997).

• WHEREAS there are no current regulations that prohibit application of liquid manure to saturated or rain-soaked soils which results in non-point pollution runoff from fields,

THEREFORE BE IT RESOLVED that application of liquid manure to saturated or rain soaked soils be prohibited.  Guidance should also recommend the operator consider weather forecasts when planning liquid manure application.

• WHEREAS current regulations do not require adequate animal waste application and utilization setbacks to protect the safety, health and quality of living for the citizens of the State of Wisconsin or to protect the ground and surface water from contamination,

THEREFORE BE IT RESOLVED that these animal waste application and utilization setbacks be required:
• Three hundred (300) feet from dry runs, intermittent streams, and other environmentally sensitive areas;
• One thousand (1,000) feet from a Municipal well;
• Three hundred (300) feet from a private well;
• Five hundred (500) feet from a residential area (10 or more homes) or municipality;
• Three hundred (300) feet from a residence, neighboring residence or cemetery;
• Five hundred (500) feet from Urban Expansion Management Districts;
• Prohibited in a ten (10) year floodplain;
• One hundred (100) feet form a field tile intake;
• Five hundred (500) feet from a school, hospital, nursing home, child day care or business;

 
• WHEREAS many large animal waste management facilities are abandoned and leaving the clean up cost to be paid for by the taxpayers,

THEREFORE BE IT RESOLVED that before granting a permit for a large animal waste facility the owner/operator will be required to post a financial deposit or bond in an amount deemed adequate to clean up the facility if it is abandoned.

• WHEREAS there are a large number of existing large animal waste facilities that do not meet these changes,

THEREFORE BE IT RESOLVED that all existing animal waste facilities consisting of five hundred (500) animal units or more be required to conform to these new regulations within a reasonable time.

Summary

We realize some farmers may feel these regulation changes are not needed or will be too expensive, but there is no justification for pollution that is more important than the protection of our water, air, soil or natural resources.  Therefore we recommend that the State of Wisconsin assist the farmers with cost sharing, grants or low interest loans to bring existing facilities up to these standards.  This will be less expensive then the clean up costs we will have to pay in the future.  Other states are paying the costs by not supporting changes such as we are proposing.

If these changes cause an increase in the cost to the consumer for the farm produce, that is a price we must pay, or the toll will be paid in ill health, shortened lives and loss in the quality of our natural resources.
 

Respectfully submitted,
Harold Fosmo, Jr.
Chairman of the Factory Farm Committee for the Wisconsin Division and
President of Western Wisconsin Chapter of the
Izaak Walton League of America