DNR approves manure management rules

By Judy Brown

Regional Editor

ELKHART LAKE - Despite delay requests, the Wisconsin Department of Natural Resources board on May 24 approved revisions to rules promoting clean water.

Large farms will be prohibited from applying liquid manure on frozen or snow-covered ground unless it's injected or immediately incorporated into the soil or unless it's an emergency outside the operator's control. Solid manure spreading would be prohibited on frozen or snow-covered ground during February and March unless it's immediately incorporated.

The rule also requires six months manure storage; setbacks for manure spreading; nutrient management plans; and emergency response plans.

DNR officials believe 12 farms would be added to the state's list of concentrated animal feeding operations, which the rule applies to, because of modifications to animal-unit calculations. There are 125 CAFO dairies in Wisconsin with four applications pending.

George Meyer, executive director of the Wisconsin Wildlife Federation, said the state "has gone backwards" since implementing the Clean Water Act in 1972. Mr. Meyer said he hopes the Legislature adopts NR 243 without delay.

Dairy, pork, beef and lamb group representatives suggested a one-month delay to discuss some of the provisions, but others said it was time to move forward with the reforms, which have been under consideration for about four years.

The DNR board heard from 37 witnesses, many of whom encouraged the board to move up - from 2010 to 2008 - implementation of some of the rules.

Mr. Stevenson said a single cow generates as much organic pollution as 18 people and a farm with more than 1,000 cows potentially generates as much organic pollution as a town the size of Sun Prairie or Ashwaubenon.

Manure runoff reaching surface water carries phosphorous to degrade the resource, he said.

He noted that 2,000 pounds of phosphorous from one farm spill landed in Lake Mendota.

"One pound of phosphorous will generate 500 pounds of algae," Mr. Stevenson said. "Clearly we must do a better job of managing manure to protect water resources."

Speaking for many large dairy farm owners, Lori Fisher, Oneida, executive director of Dairy Business Association, she said the rule has been out in its final form for just two weeks, a time when many producers are planting and getting ready for first cutting hay.

"Having something so complex for producers is setting them up to fail," Mrs. Fisher said. "We don't want to fail."

She asked for a one-month delay to study some of the provisions, such as a manure spreading requirement that includes National Weather Service rain forecasts as part of the calculation.

"I don't have faith in the National Weather Service," said Dean Doornink, Baldwin, a partner in a 1,700-cow farm. "A fortune teller can almost do it that way."

He said the idea of relying on the National Weather Service posed a legal issue and an issue of producers losing control of activities on their farms.

"All of a sudden the decision is taken out of our hands," he said.

He and others testifying said they don't oppose the rule's overall goals.

Many said the rule reform was a good start on managing manure that has degraded lakes and streams, ruined private wells and killed fish.

"These rules are critical to stopping the manure spills, well contaminations and fish kills that have plagued Wisconsin in the past several years," Andrew Hanson, Midwest Environmental Advocates attorney, said in a prepared statement.

He asked the DNR board to not respond to requests to delay approving the package because it's been considered since 2002.

Echoing the call for speeding up the process was Carla Klein, Madison, representing the 15,000-member Sierra Club.

"When citizens' health and the environment are being threatened we feel it should be stepped up," she said. "Five years is too much. We believe five years to comply is unacceptable."

Manitowoc County Soil and Water Conservation Department director Tom Ward said he supported the rule changes, indcluding prohibiting liquid manure spreading on frozen or snow-covered ground in February and March. He said state nutrient management technical standards had to accommodate the variances across the state and allowed liquid manure winter application.

"I'm also concerned with a delayed implementation date of 2010," Mr. Ward said. "The need to control winter application of liquid manure by large farms should be implemented as soon as possible."

Judy Brown may be reached at jlbrown@vbe.com.