Water Quality At Risk

Update: This bill failed to pass through the second funnel and will not be moving forward this legislative session.

A bill, SF 2371, would allow an open feedlot operation to remove manure from a manure storage structure before a Nutrient Management Plan (NMP) has been approved by the Department of Natural Resources (DNR).  This bill should be rejected by the legislature since it will have the potential to allow excess manure to pollute Iowa’s rivers, streams, and lakes, and groundwater.

Nutrient Management Plans are required for open feedlots.  Under current law, manure cannot be removed unless the operation has an approved NMP. The reason for this requirement is obvious. If an NMP is not approved, there is no assurance that manure will be applied to crop fields in an amount that will prevent pollution to groundwater and surface water (rivers, lakes, streams).

SF 2371 would apply when:

1. The removal is necessary to prevent a possible violation of water quality standards.

2. The open feedlot operator submits a complete NMP to the DNR prior to the removal.

3. The removed manure is applied as required by law, including rules adopted by the DNR, and as stated by the NMP.

4. The DNR is notified prior to the application of the manure.

There are several problems with this scheme.

First, why would removal be necessary to prevent a violation of water quality standards? Does this mean that the manure storage structure is about to overflow? If so, why wasn’t there an approved NMP before the manure level got to that point? DNR rules require an approved NMP before the open feedlot can even begin operation.

Second, how do we know the “complete” NMP submitted before manure removal is complete in the sense that it has accurate information and correct calculations? SF 2371 apparently assumes that the submitted NMP will be approved by DNR. However, there are many times an NMP is incorrect and must be revised.  Just because an operator submits a NMP, we should not assume that the NMP correctly calculates the rate manure can be applied to the fields and the number of acres of land can adequately handle the manure.  It is the responsibility of the DNR to review the numbers and calculations.  Today once the Nutrient Management Plans are submitted to the Department of Natural Resources, DNR makes a decision to approve or disapprove the plan.  If the plan is not approved, then the open feedlot owner must submit a corrected plan and the owner cannot apply manure to crop fields until the plan is approved.

Third, SF2371 requires that the manure removed without an approved NMP must be applied as required by law and regulations. But the law and regulations require application to be performed pursuant to an approved NMP.  So SF2371 imposes a circular requirement. It makes no sense.

Finally, SF2371 requires that the DNR be notified of the manure application. So what is the DNR going to do with that information? This bill does not give the DNR power to do anything to enforce action against the operator who obviously is close to overflowing their manure storage basin.

The purpose of an NMP is to protect Iowa’s waters. SF 2371 violates that purpose.

Ask your state senator to vote against SF2371.