County Tightens Regulations Around CAFOs Ahead Of New Law
August 29, 2019
Isaac Estes-Jones
Following up with a story from the beginning of this month, the Stone County Commission did come to an agreement to strengthen the county’s ordinance surrounding the creation and requirements for Concentrated Animal Feeding Operations (CAFOs) in the county.
Commissioners initially had a disagreement on some of the proposed language but were able to come to a compromise they think will protect the county’s interest in these matters. A vote was held on Tuesday, August 20, after Commissioners Smythe and Blades came to their agreement.
Background and enforcement
The county took these measures after SB391 was signed by Governor Parson. That law, originally set to go into effect August 28, sought to standardize the requirements for CAFOs across Missouri. Many officials, including the Stone County Commissioners, felt this move usurped their ability to locally control what sorts of operations are most appropriate for the county.
On August 20, a judge in Cole County temporarily halted the law from coming into effect. Judge Joyce placed the hold after a suit was brought by the Cedar County Commission, Cooper County Public Health Center and others names Governor Parson and other Missouri groups as respondents. A hearing is scheduled for September 16, when Division II Judge Green will decide whether to further the restraining order and block enforcement of the new measure.
SB391 would require all CAFOs only meet Missouri Department of Natural Resources (DNR) setbacks and licensing requirements. At least 20 counties, including Stone, already have ordinances on the books that go above and beyond those rules.
Disagreement and compromise
When the commissioners took up the CAFO issue on July 30, all three were in agreement that SB391 was contrary to what they think is best for the county and they agreed to work on some way to continue to protect Stone County, and especially its waterways, from pollution potentially caused by CAFOs.
Several citizens spoke before the commission that day, voicing their support for an ordinance to prevent a large industrial farm from setting up in Stone County.
On Tuesday, August 20, the commission met to finalize an ordinance even stronger than the one set in 2013. The issue between Smythe and Blades came down to a few words when discussing the spread of waste from any CAFO on Stone County farm lands and pastures.
Farmers use animal waste to improve the soil quality in certain portions of the county due to the high nutrient content in the waste.
Spreading of that waste, usually from poultry farms, was allowed only from smaller CAFO operations, and only dry waste. The conflict arose when talking about the waste from larger CAFOs. As originally proposed, the ordinance would further restrict the spread of any waste from a Class 1 or Class 2 CAFO.
Northern Commissioner Wayne Blades worried about the extra oversight and hurdles farmers would have to jump through to identify what sort of operation supplied the waste they use as fertilizer. “Right now, most of that is trucked in from surrounding counties and states,” Blades said. “How is a farmer supposed to identify what sort of CAFO supplied it?”
Southern Commissioner Hank Smythe was concerned about the spread of any waste on properties that might wash or spill into Stone County’s waterways. “I went back and forth on this the last week or so. We’d agreed to limit the spread of liquid waste, because that is more harmful. But, thinking it out, there is a 1,000 acre farm bordering Table Rock Lake. The way it [was] written would allow the spread of waste right next to the lake. It can’t be good for the environment to do that,” he said.
DNR rules state that animal waste cannot be spread within 300 feet of any Corps of Engineer’s property. All three of Stone County’s commissioners believe that is not far enough, considering the importance of Table Rock Lake on the economy and the potential future where the lake may be used as a source for drinking water.
“I don’t want to stop farmers spreading on their fields,” Smythe said, “but, I don’t want this right next to a waterway that flows into Table Rock Lake, our bread and butter.”
Commissioner Blades spoke about the current situation in the county. “Currently, we are spreading solid waste. It comes in on trucks and is spread. We’re not just spreading from the CAFOs in Stone County. It comes from outside the county. We’ve tried to mash a few ideas together, focusing on Class 1 and 2 CAFOs, which are massive in size. There’s nothing above a Class 3 in our county,” he said. “My question is, how are we going to determine the origin of third party waste? That creates a huge bureaucracy issue for farmers. It’s also contradictory because the ordinance would say the manure from a Class 1 is different from that from a Class 3, and it is not,” he said.
Tim Schnakenberg, an agronomy specialist with the University of Missouri Extension in Stone County, discussed the spread of waste on fields in the county. “We have areas of this county that are very nutrient poor, which leads to poor production and other problems. Spreading poultry waste is one of the best fertilizers we have available. Any fertilizer, liquid or solid, has the potential to wash off and into a waterway. But, the steepness of the land and the covering make a big difference. 300 feet back on bare soil and a good rain, that’s going all the way down. But, 300 feet of sod, most if not all of that would be trapped and kept from getting to the water,” he said.
The commission went into recess while the commissioners and County Attorney Bill McCullough attempted to find a compromise. About 20 minutes later, they were ready to finalize the ordinance.
New ordinance
Instead of focusing on the types of CAFO that supply the waste, Blades and Smythe were able to agree on wording that emphasizes further setbacks from waterways.
Stone County’s CAFO ordinance nearly triples all of the setbacks required by DNR. No Livestock Confinement Operation (LCO, another term for CAFO) can be located, and neither can waste from a CAFO be spread, closer than 900 feet to a Corps of Engineers body of water, 300 feet of a wet stream or 100 feet from a dry or seasonal stream.
After making these changes, all three commissioners were able to come together and enact the ordinance. “It’s not easy work, sitting up here,” said Presiding Commissioner Mark Maples, “But, we always seem to make it happen. Thank you to everyone who helped us work on this. As commissioners, we have to pull ourselves out as much as possible and think about what is best for the next generations.”
Apart from the increased setbacks, the updated ordinance differs from the 2013 one in that it includes a section devoted to the geological uniqueness and the history and importance of Table Rock Lake that make large CAFOs an elevated risk for the area.
The new ordinance is published in its entirety in this week’s issue on pages 3B and 4B (Subscribers, click here for online access to the pdf; if you need the password, contact our office). It will be published again the next two weeks.
Following up with a story from the beginning of this month, the Stone County Commission did come to an agreement to strengthen the county’s ordinance surrounding the creation and requirements for Concentrated Animal Feeding Operations (CAFOs) in the county.
Commissioners initially had a disagreement on some of the proposed language but were able to come to a compromise they think will protect the county’s interest in these matters. A vote was held on Tuesday, August 20, after Commissioners Smythe and Blades came to their agreement.
Background and enforcement
The county took these measures after SB391 was signed by Governor Parson. That law, originally set to go into effect August 28, sought to standardize the requirements for CAFOs across Missouri. Many officials, including the Stone County Commissioners, felt this move usurped their ability to locally control what sorts of operations are most appropriate for the county.
On August 20, a judge in Cole County temporarily halted the law from coming into effect. Judge Joyce placed the hold after a suit was brought by the Cedar County Commission, Cooper County Public Health Center and others names Governor Parson and other Missouri groups as respondents. A hearing is scheduled for September 16, when Division II Judge Green will decide whether to further the restraining order and block enforcement of the new measure.
SB391 would require all CAFOs only meet Missouri Department of Natural Resources (DNR) setbacks and licensing requirements. At least 20 counties, including Stone, already have ordinances on the books that go above and beyond those rules.
Disagreement and compromise
When the commissioners took up the CAFO issue on July 30, all three were in agreement that SB391 was contrary to what they think is best for the county and they agreed to work on some way to continue to protect Stone County, and especially its waterways, from pollution potentially caused by CAFOs.
Several citizens spoke before the commission that day, voicing their support for an ordinance to prevent a large industrial farm from setting up in Stone County.
On Tuesday, August 20, the commission met to finalize an ordinance even stronger than the one set in 2013. The issue between Smythe and Blades came down to a few words when discussing the spread of waste from any CAFO on Stone County farm lands and pastures.
Farmers use animal waste to improve the soil quality in certain portions of the county due to the high nutrient content in the waste.
Spreading of that waste, usually from poultry farms, was allowed only from smaller CAFO operations, and only dry waste. The conflict arose when talking about the waste from larger CAFOs. As originally proposed, the ordinance would further restrict the spread of any waste from a Class 1 or Class 2 CAFO.
Northern Commissioner Wayne Blades worried about the extra oversight and hurdles farmers would have to jump through to identify what sort of operation supplied the waste they use as fertilizer. “Right now, most of that is trucked in from surrounding counties and states,” Blades said. “How is a farmer supposed to identify what sort of CAFO supplied it?”
Southern Commissioner Hank Smythe was concerned about the spread of any waste on properties that might wash or spill into Stone County’s waterways. “I went back and forth on this the last week or so. We’d agreed to limit the spread of liquid waste, because that is more harmful. But, thinking it out, there is a 1,000 acre farm bordering Table Rock Lake. The way it [was] written would allow the spread of waste right next to the lake. It can’t be good for the environment to do that,” he said.
DNR rules state that animal waste cannot be spread within 300 feet of any Corps of Engineer’s property. All three of Stone County’s commissioners believe that is not far enough, considering the importance of Table Rock Lake on the economy and the potential future where the lake may be used as a source for drinking water.
“I don’t want to stop farmers spreading on their fields,” Smythe said, “but, I don’t want this right next to a waterway that flows into Table Rock Lake, our bread and butter.”
Commissioner Blades spoke about the current situation in the county. “Currently, we are spreading solid waste. It comes in on trucks and is spread. We’re not just spreading from the CAFOs in Stone County. It comes from outside the county. We’ve tried to mash a few ideas together, focusing on Class 1 and 2 CAFOs, which are massive in size. There’s nothing above a Class 3 in our county,” he said. “My question is, how are we going to determine the origin of third party waste? That creates a huge bureaucracy issue for farmers. It’s also contradictory because the ordinance would say the manure from a Class 1 is different from that from a Class 3, and it is not,” he said.
Tim Schnakenberg, an agronomy specialist with the University of Missouri Extension in Stone County, discussed the spread of waste on fields in the county. “We have areas of this county that are very nutrient poor, which leads to poor production and other problems. Spreading poultry waste is one of the best fertilizers we have available. Any fertilizer, liquid or solid, has the potential to wash off and into a waterway. But, the steepness of the land and the covering make a big difference. 300 feet back on bare soil and a good rain, that’s going all the way down. But, 300 feet of sod, most if not all of that would be trapped and kept from getting to the water,” he said.
The commission went into recess while the commissioners and County Attorney Bill McCullough attempted to find a compromise. About 20 minutes later, they were ready to finalize the ordinance.
New ordinance
Instead of focusing on the types of CAFO that supply the waste, Blades and Smythe were able to agree on wording that emphasizes further setbacks from waterways.
Stone County’s CAFO ordinance nearly triples all of the setbacks required by DNR. No Livestock Confinement Operation (LCO, another term for CAFO) can be located, and neither can waste from a CAFO be spread, closer than 900 feet to a Corps of Engineers body of water, 300 feet of a wet stream or 100 feet from a dry or seasonal stream.
After making these changes, all three commissioners were able to come together and enact the ordinance. “It’s not easy work, sitting up here,” said Presiding Commissioner Mark Maples, “But, we always seem to make it happen. Thank you to everyone who helped us work on this. As commissioners, we have to pull ourselves out as much as possible and think about what is best for the next generations.”
Apart from the increased setbacks, the updated ordinance differs from the 2013 one in that it includes a section devoted to the geological uniqueness and the history and importance of Table Rock Lake that make large CAFOs an elevated risk for the area.
The new ordinance is published in its entirety in this week’s issue on pages 3B and 4B (Subscribers, click here for online access to the pdf; if you need the password, contact our office). It will be published again the next two weeks.