U.S. Water News Online
WICHITA, Kan. -- In a move closely watched across Kansas, Norton County implemented this month strict new rules on confined animal feeding operations that go far beyond environmental protections in existing state and federal regulations.
At stake, supporters contend, is the safety and quantity of groundwater as mega hog farms proliferate. Residents are concerned about high nitrate levels in their water and odor from the swine operations.
But opponents say the new rules are so far-reaching that it will not only drive out of business the county's hog producers, but would devastate the Kansas livestock feeding industry if other counties follow Norton County's lead.
The northwest Kansas county has long been a battleground on the issue. Norton County has two cattle feedlots, but most of the public outcry has been over the expansion of swine operations.
The issue was so volatile in the November 2000 local elections, write-in candidate Leroy Lang beat out both the Republican and Democratic candidates for the county commission after mounting a six-day campaign over the hog farming issue.
The county contends the state's one-size-fits-all regulations are not adequate, and state regulators don't have the staff needed to monitor the farms, said Commissioner John Miller.
``We feel it is a public health issue,'' Miller said.
After watching moratoriums against mega hog farms fail in Wallace County, Norton officials hired their own legal and scientific experts to draft proposed regulation they expect to survive legal challenges. The work took two years and will cost more than $35,000 when completed.
The result is a set of rules, implemented on March 1, that would increase separation distances between confined animal feeding operations and require a top or covering be placed on waste lagoons designed to control odor and protect groundwater. The rules also call for more deep soil testing.
Producers have four months to apply for the county permit and two years to comply with the new regulations, Miller said.
Hog producer Terry Nelson owns five hog farms in Norton County with more than 3,000 animal units.
``These regulations that they have put in place are really wrong,'' he said. ``They are trying to accomplish something that has been very well dealt with by the Kansas Department of Health and Environment and their water quality standards.''
He said it would cost him more than $1 million to comply with the new regulations, and he plans to sue the county to challenge the rules.
``What passed is rules nobody can comply with,'' he said. ``It effectively puts the whole livestock industry -- cattle and hogs -- out of business in the county. I don't understand why commissioners in a very agricultural county want to put all their farmers out of business.''
Among the supporters for the stricter rules is Larry Nelson, a resident of Almena. Larry Nelson said the issue is protecting the water, and keeping down the ``horrendous odor'' from the hog operations.
``This is the only way we know to fight them -- with stronger rules,'' he said. ``Until the Legislature comes up with stronger rules, there is nothing we can do except to fight them on a local level.''
Larry Nelson is also president and one of the owners of New Age Industrial, a food service equipment manufacturer that employs about 100 people. He said company officials have discussed leaving Norton County over the hog issue.
``If this county is going to be turned into a pigsty, we are looking at moving,'' he said. ``I am not going to live in a pigsty.''
Mike Jensen, executive vice president for the Kansas Pork Producers Council, said the regulations are not based on science.
He contends the retroactive rules would drive hog producers out of business in Norton County. And he said they unfairly single out the livestock industry while not addressing discharges from municipal lagoons or residential septic tanks.
Meanwhile, Norton County commissioners are preparing for a legal challenge -- notifying their insurance carrier and setting aside $98,000 in their budget next year to pay for certain legal expenses not covered by insurance.
``I'm just glad it is not in our hands anymore. It is something that needed to be decided one way or the other,'' Miller said. ''... I'm glad somebody else will have to decide now whether what we have done is legal or not legal.''
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