Rule also would change conditions of state oversight

By CAROL RYAN DUMAS
Capital Press

A proposed rule by the Idaho State Department of Agriculture governing setbacks on agricultural waste -- such as manure, whey, compost, mint tailings, and cull onions and potatoes -- has been narrowed in scope to apply only to livestock manure.

That focus is the result of meetings held earlier this month aimed at addressing complaints to the state ag department, the majority of which involved manure, said Marv Patten, chief of the agency's Dairy Bureau.

The final proposed rule also waters down original oversight, which would have required Department of Agriculture approval of location, design and operation of the storage site and notification of planned storage. The newest proposal also lessens the initially propose setback from a dwelling from 500 feet to 300 feet and drops a proposed 500-foot setback from a property line, but adds a 50-foot setback from a public highway.

The new rule would apply to manure storage on property that is not a feedlot or dairy. While setbacks exist for animal-feeding operations, no such rule exists for manure at other locations.

Concerns over the lack of current regulation of third-party receivers, such as those who accept manure from animal-feeding operations, have grown over time, said John Bilderback, the ag department's section manager of dairy and confined animal-feeding operations programs.

"This (rule) is mostly for setback distances from water and reducing complaints and protecting the environment," he said.

"It's nice to know that they (the state ag department) are still including water-quality setbacks, as that would be the most important environmental benefit for the rule," said Sara Cohn, community conservation associate for the Idaho Conservation League.

The Conservation League is not pleased, however, that the proposed rule has moved away from regulating all agricultural waste to regulating only manure. The organization opposes limiting the rule to manure.

"In that case, we cannot support this rule. It doesn't provide the scope of environmental benefits it set out to," Cohn said.

A wide representation of interests showed up for the meetings, with about 30 people from ag commodity groups -- including dairy, beef and crop producers -- water users, legislators, county planning and zoning officials, city officials, Farm Bureau, Idaho Department of Environmental Quality, Idaho Conservation League and the Environmental Protection Agency.

Most participants in the group agreed that regulation regarding runoff and water protection already exists with the Department of Environmental Quality and the Environmental Protection Agency, and they did not want to address other ag waste at this point, Patten said.

Nonetheless, the state ag department kept the water setbacks in the proposal it sent to interested parties on Tuesday, Aug. 25.

The final proposal was expected to be published for public comment Friday, Aug. 28, but as of earlier in the week, the rule would be less stringent than initially proposed, including the requirement for regular ag department inspections being changed to complaint-driven inspections.

The rule does not apply to waste stored on someone's own property, and no setbacks are required for staging areas where waste is stored for no more than 30 days.

The agency expects to have a proposed rule by Nov. 13, in time to be reviewed by the 2010 Legislature.

"I don't think we should rush the rulemaking process through to meet a deadline," Cohn said. "You don't get the benefit you would receive from the full process.

She said her organization "had a hard time with the details of this rule and also the purpose."

The Idaho Dairymen's Association, which also participated in the negotiated rulemaking, is also waiting to see the final proposal.

"As the name implies, these rules are 'negotiated,' and the final content of the rule has not been released yet, so it is difficult to be specific on any of the given setbacks," said Bob Naerebout, the association's executive director.

But the rule pertains to third-party ownership only, he said, clarifying it does not pertain to livestock owners storing waste from their own operations.

Staff writer Carol Ryan Dumas is based in Twin Falls. E-mail: crdumas@capitalpress.com.

The proposal

Setbacks on stockpiled livestock manure:

* 300 feet from a non-responsible party's residence

* 500 feet from a hospital, church or school

* 50 feet from a public highway

* 100 feet from a domestic or irrigation well

* 100 feet from surface waters of the state

Oversight:

* The Idaho State Department of Agriculture will conduct complaint-driven inspections.

* Violation penalties will not exceed $3,000 for each offense.

Online

Idaho Conservation League: idahoconservation.org

Idaho Dairymen's Association: idahodairymen.org