In late October we put out a call for you to write letters to the editor to help advance our narrative around factory farming and the environment.  We want to make sure our legislators hear loud and clear that:

  • Farming practices that protect our water should be mandatory – voluntary compliance does not work.
  • Big Ag polluters (like Cargill, Prestage, Farm Bureau, and Monsanto) must pay to clean up the water quality mess they’ve created – not taxpayers.
  • Every factory farm in Iowa needs a Clean Water Act permit, meaningful inspections, and tough fines and penalties when violations occur.
  • Iowa needs a factory farm moratorium now!

 

Wow!  You knocked it out of the park.  Check out these spot-on letters that were submitted by CCI members from around the state.

DNR’s changes to factory farm rules is wrong – Joyce Bollhoefer – Marshalltown Times Republican

CAFO regulations need changing – Tom Willett – Mason City Globe Gazette

EPC changes will make water quality worse – Bernie Fischlowitz-Roberts – Des Moines Register

How, exactly, will sales tax improve water quality? – Erich Riesenberg – Des Moines Register

To Branstad: put moratorium on new hog confinements – Eric Wessels – Des Moines Register

Branstad, Republican-controlled legislature are Iowa’s ruin – Jim Walters – Iowa City Press Citizen

 

This is one way we can shift the narrative and it’s not to late to add your name to the list of letter writers!

  1. Submit a letter to the editor to your local paper and send a copy to jess@iowacci.org.
  2. Let us know if there’s a letter that we missed.  Send an email to jess@iowacci.org

LIKE and SHARE for a #CleanWaterIowa

Water pollution and manure spill data show that efforts to implement and enforce the Clean Water Act (CWA) for factory farms are failing to clean up Iowa’s waterways or hold the factory farm industry accountable.

The Iowa Department of Natural Resources (DNR) submitted its 3-year progress report for the precedent-setting Work Plan Agreement between the DNR and the federal Environmental Protection Agency (EPA) on August 1, explaining what it has done to date to better implement the CWA for Iowa’s thousands of factory farms.

DNR continues to boast that it is successfully meeting the benchmarks required in the EPA/DNR Workplan, yet Iowa’s polluted waterways continue to grow.

Click here to view DNR’s 2016 Clean Water Act Annual Progress Report.

“Iowa is in a water crisis.  We have a record number of polluted waterways, closed beaches, toxic algae blooms, and cities and towns threatening to violate safe drinking water standards, all while DNR fails to hold this polluting industry accountable,” said Brenda Brink, CCI member from Huxley.

“Iowa already produces and spreads 22 billion gallons of untreated liquid manure on our land every year.  This industry is out of control and it’s time we regulate them or issue an immediate moratorium until there are fewer than 100 polluted waterways in Iowa,” said Brink.

The DNR/EPA Work Plan Agreement followed an EPA investigation report that found DNR was not effectively inspecting factory farms, failing to issue CWA permits to polluting operations, and taking inadequate enforcement actions that do not deter further illegal pollution. The Work Plan requires DNR to improve on all fronts.

After three years, DNR has assessed thousands of facilities for unpermitted pollution and has updated its permitting rules. But despite showing progress on paper, the number of polluted waterways in the state continues to grow, there have been 67 manure spills into waterways since 2012, and DNR has yet to issue a single CWA permit to a hog confinement that has illegally discharged. Instead of issuing permits, DNR is allowing violators to choose to “permanently remedy” the cause of their violation without getting a permit. The loophole has undermined the entire Work Plan process and called the quality of DNR’s inspections into question.

“Any factory farm that has a discharge needs to be held accountable through a Clean Water Act permit, not just a slap on the wrist.” said Barb Kalbach, 4th generation family farmer from Dexter.

The report also reveals that in the course of conducting the Work Plan’s required state-wide CAFO inventory, DNR has discovered more than 5,000 animal feeding operations—not accounted for in the Plan—that it will need to assess for unpermitted discharges to Iowa waterways. It plans to postpone these evaluations until after the Work Plan is concluded.

“Three years into the five-year Work Plan, DNR is just learning of thousands of facilities that may be contributing to the state’s widespread water pollution,” said Tarah Heinzen, Staff Attorney with Food & Water Watch. “If DNR is incapable of truly bringing the program into compliance within five years, we will expect EPA to take a more active role.”

Public records obtained by CCI further indicate that DNR is allowing some of the few factory farms with permits to “cancel” permit coverage, without so much as a DNR inspection of the facility to confirm it is no longer discharging first.

Public records also show DNR is changing its factory farm spill data entry practices to avoid public scrutiny, particularly from Iowa CCI.  The statement was located under the ‘Data Entry in HIS or FOCD for Manure Releases/Spills’ section of the FOIA, saying “Generally do not enter as an incoming report in FOCD (database) as that flags it for ICCI.”

“This Work Plan will only be successful if it leads to real oversight of factory farm pollution in Iowa. That means serious inspections, strong permits, and enforcement actions that ensure it doesn’t pay to pollute. DNR hasn’t shown that it takes permitting and enforcement seriously, and EPA should step in and conduct independent investigations of Iowa manure spills,” said Jess Mazour, Farm & Environment Organizer at Iowa CCI.

Iowa’s more than 20 million hogs confined in thousands of factory farms produce nearly 22 billion gallons of toxic manure every year.  There have been more than 800 documented manure spills since 1996 and Iowa currently has more than 725 polluted waterways. Water data collected from Iowa’s 2014 list of impaired waterways shows manure as a leading cause of impaired waterways in Iowa lakes and rivers.

Iowa CCI is a statewide, grassroots people’s action group that uses community organizing to win public policy that puts communities before corporations and people before profits, politics, and polluters.

For more information, visit www.iowacci.org.

IOWA’S “MANURE SPILL SEASON”

IN FULL FORCE

 

 

Iowans Demand EPA Return To Iowa To Force Factory Farm Compliance With The Clean Water Act

 

 

According to DNR records there have been at least five factory farm spills that reached Iowa waterways in the past three weeks:

  • FISH KILL: Osceola & Clay County – factory farm egg washing liquid dumped in Stony Creek polluting 18.2 miles of stream and killing 163,001 fish
  • FISH KILL: Cherokee County – Bear Creek, source unknown
  • FISH KILL: Buchanan County – factory farm manure overflowed from manure pit and entered West Branch Pine Creek
  • Mahaska County – valve on manure tank failed and 3,000 gallons of factory farm manure entered a tributary of the Skunk River
  • FISH KILL: Allamakee County – manure application equipment broke and 1,000 gallons of factory farm manure entered Clark Creek

 

 

Iowa Citizens for Community Improvement (CCI) members are outraged at the number of manure spills occurring in Iowa each year during what many call “manure spill season.”

“Right now, as crops are being harvested, thousands of factory farms across the state are starting to spread upwards of 10 billion gallons of toxic, untreated manure on Iowa farmland,” said Rosie Partridge, conservationist and small business owner in Wall Lake, Iowa. “We’re seeing equipment breaks, pits overflow, and careless practices like spreading manure on highly erodible land, on steep slopes and near waterways.  At what point is there too much manure in Iowa?  I think we passed that point a long time ago.”

CCI members say the DNR needs to start holding this industry accountable for polluting Iowa’s waterways.

“In 2012 the EPA investigated the DNR and found that the DNR has an inadequate inspection program, fails to respond to spills, and does not issue fines and penalties that deter future pollution,” said Larry Ginter, a retired family farmer from Rhodes, Iowa. “It’s 2015 and nothing has changed. The EPA needs to come back to Iowa and make the DNR implement the Clean Water Act with teeth.”

Like the Des Moines Water Works lawsuit, CCI members want the DNR to implement and enforce the Clean Water Act for factory farms. CCI members believe that Clean Water Act permits, tough fines and penalties and on-site inspections that find and fix problems will drastically reduce the amount of manure polluting Iowa’s waterways each year.

“We’re sick and tired of corporate agriculture being exempt from any laws and regulations meant to protect people and the environment; they should be held to the same standards as every other industry in Iowa,” said Ginter. “Isn’t it obvious that voluntary doesn’t work?”

CCI members will be meeting with the DNR on November 3 to address the lack of enforcement and regulation of Manure Management Plans and application.

Iowa’s more than 20 million hogs confined in thousands of factory farms produce nearly ten billion gallons of toxic manure every year. There have been more than 800 documented manure spills since 1996 and Iowa currently has more than 725 polluted waterways.

 

Join the Fight

  • Factory farm proposing to build near you? Have concerns about an existing facility? We can work with you and your community to fight back and stand up for clean air and water and your quality of life.

Learn more

 

 

DNR/EPA CLEAN WATER ACT WORKPLAN AGREEMENT FAILS TO PREVENT MANURE SPILLS

2 Years Since Historic Clean Water Act Agreement And Still No Permits For Hog Factory Farms

 

Des Moines, IA.  In early August Iowa Department of Natural Resources (DNR) submitted its 2-year progress report of the precedent-setting Work Plan Agreement between the DNR and Environmental Protection Agency (EPA) to implement the Clean Water Act (CWA) for factory farms in Iowa. Iowa CCI is calling out the DNR for the lack of detail in the report about the outcome of DNR inspections and why no Clean Water Act permits have been issued.

Click here to view DNR’s 2015 Clean Water Act Annual Progress Report.

“This is an absolute disgrace.  We’ve been saying for 8 years that the DNR is failing to do its job to hold factory farms accountable for their pollution and sadly we’re proven right,” said Larry Ginter, CCI member and family farmer from Rhodes, Iowa.  “We’ve already had at least 17 manure spills this year.  If DNR was completing good inspections, you’d think the number of manure spills would go down significantly each year, but it doesn’t.”

The DNR agreed to assess twenty percent of Iowa’s 8,500+ factory farm facilities each year to determine which operations need permits.  The 2-year progress report states they have completed 41% over the past two years.

The DNR touts the number of inspections as a success but CCI members think otherwise.

“It’s not just about the quantity of inspections – it’s about the quality of inspections,”  said Ginter.  “Who cares how many you’ve completed if they don’t result in anything but more pollution?”

The Work Plan also required the DNR to “timely issue [Clean Water Act] permits that meet federal requirements to all CAFOs that DNR determines discharge to Waters of the U.S.”

According to DNR records, since the Work Plan was signed on September 11, 2013 there have been at least 99 documented manure spills in Iowa yet the DNR failed to issue a single Clean Water Act permit to any of the polluting hog factory farms.

Barb Lynch, DNR Chief of Field Services and Compliance was quoted saying ‘Since the majority of larger facilities in Iowa are confinements, with animals housed under a roof and state law requiring manure containment, most facilities we inspect do not have problems with manure runoff’.

However, water data collected from Iowa’s 2014 list of impaired waterways shows manure as one of the leading cause of impaired waterways in Iowa lakes and rivers.  CCI members say this and the fact the DNR has issued no CWA permits shows how the DNR continues to work for factory farm corporations by misleading the public about the cause of Iowa’s polluted waterways and not holding them accountable for the pollution they create.

Also, CWA permits aren’t just targeted at runoff problems, they are for any kind of pollution discharge leaving a facility.

“We see dozens of cases of factory farms with multiple manure spills,” said Barb Kalbach, 4th generation family farmer from Dexter.  “Any factory farm that has a discharge needs a CWA permit and needs to be held accountable, not just a slap on the wrist.”

Another demand of the DNR to meet the Clean Water Act Work Plan is “to implement enforcement program that ensures penalties are sought in accordance with DNR’s [Enforcement Management System] and creates a stronger deterrent to noncompliance”.

In the past 2 years, DNR has only issued 23 Administrative Orders and 1 Attorney General referral against factory farm polluters with manure spills or other violations.  That means out of the 99 polluters, 75 of them received no meaningful penalty for their manure spill.  CCI members believe that the lack of penalties sends a message to the industry that manure spills are just a cost of doing business.

DNR is also failing to meet the final Work Plan requirement, which is to keep the public informed of its Work Plan progress.  So far the Work Plan progress updates have been vague and contain very little real information. The annual report lacks detail about the outcome of inspections and why no Clean Water Act permits have been issued to a hog factory farm.

“The 2-year report lacks detail,” said Kalbach. “DNR provided no detail on the outcome of assessments and how they determined that a factory farm does not need a CWA permit. The DNR needs to take a presumption that every factory farm has a potential to discharge and therefore every factory farm has the duty to apply for a permit.”

“This Work Plan will only be successful if it leads to real oversight of factory farm pollution in Iowa. That means serious inspections, strong permits, and enforcement actions that ensure it doesn’t pay to pollute. DNR hasn’t shown that it takes permitting seriously, and EPA should step in and conduct independent investigations of Iowa manure spills,” said Jess Mazour, Farm & Environment Organizer at Iowa CCI.

CCI members are calling on the DNR to strengthen the Clean Water Act implementation with four demands:

  1. Issue a Clean Water Act Permit to every factory farm in Iowa.
  2. Complete quality on-site inspections that find problems and fix problems.
  3. Issue tough fines and penalties that deter future pollution.
  4. Create a transparent database of manure spills, inspections and details of specific factory farms.

Iowa’s more than 20 million hogs confined in thousands of factory farms produce nearly ten billion gallons of toxic manure every year.  There have been more than 800 documented manure spills since 1996 and Iowa currently has more than 725 polluted waterways.

 

DNR Public Comment Period on Impaired Waterways Flooded with Clean Water Concerns

CCI members have analyzed the 1,778 comments received by Iowa DNR during the public comment period on the draft impaired waterways list which ran from May 19 – July 2. 1,775 of the comments submitted vocalized support for increased enforcement of the Clean Water Act (CWA) in Iowa.Drone

 

“This overwhelming response to the public comment period shows that Iowans are sick and tired of dirty water and the business as usual policies of our elected and appointed officials,” said CCI member Connie Hanson of Cresco, IA.

 

 

Iowa DNR released its new polluted waterways list in May, and cited a new record of polluted waterways in Iowa, 725 impairments.  This is a 15% increase in polluted waters from the 630 polluted waters in 2012.  CCI members say this is a clear sign that Iowa’s voluntary Nutrient Reduction Strategy isn’t working, and that CWA permits for factory farms are one solution to Iowa’s water crisis.

On July 1st Iowa CCI members hand delivered over one thousand comments (in addition to hundreds submitted by email) to DNR headquarters calling on them to crack down on corporate ag and the enormously destructive pollution they create at the expense of the people of Iowa. After visiting with Deputy DNR Director, Bruce Trautman, CCI members gathered outside the Wallace Building and constructed a chalk map of Iowa listing how many polluted waterways are present, county by county.

Only three comments received by DNR do not call for stronger protection of our waters, which were submitted by industry representatives from the Iowa Corn Growers Association, Iowa Cattlemen’s Association, and Iowa Pork Producers Association. CCI members were not surprised by their status quo suggestions and continued support for the failed voluntary nutrient reduction strategy.

All three associations stated that they believe the impaired waters list has grown mainly due to increased water monitoring.

“Does this mean if we stop monitoring them they go back to being clean, unpolluted waters?” asked Patti McKee, CCI member from Des Moines.

Impairments

 

 

 

 

 

 

 

 

 

 

 

 

Water activists across the state have been working with multiple strategies to crack down on factory farm and corporate ag polluters. Iowa CCI, the Environmental Integrity Project, and Sierra Club have been working on an 8 year campaign to bring the DNR into compliance with the Federal Clean ater Act for factory farms in Iowa.

Iowa DNR began implementing the Federal CWA for factory farms in September 2013, but has yet to issue a single CWA permit to a hog factory farm.

CCI members say CWA permits will help start to clean up Iowa’s waterways because they would make polluting factory farms play by tougher standards or be shut down.  CWA permits are tougher than current Manure Management Plans for a number of reasons:

  • Broader coverage of enforcement:   CWA permits must prevent discharges from the production area as well as land application areas. Iowa’s Manure Management Plans (MMPs) only address land application areas.
  • More transparency:   When permits are proposed the public must be given notice of the proposed permit and an opportunity to comment on it. NPDES permits, and all associated reports, must be publicly accessible.
  • Fixed terms:Unlike Iowa’s MMPs, CWA permits have fixed five-year terms. That way, they are subject to being reviewed, updated, or terminated on a regular basis. DNR admitted in an Ag Appropriations Sub-Committee this year that DNR does not review MMPs because they do not have the capacity to do so.
  • Operation & maintenance requirements:   CWA permits have operation and maintenance requirements so that factory farm operators prevent problems before they happen. Currently, factory farm owners may have to fix a problem after a discharge, but aren’t required to use basic practices that would prevent many discharges in the first place.
  • Higher penalties for violations:   State law caps penalties at $5,000 per day per violation and the state cannot collect more than $10,000 per violation. Under the CWA, penalties are up to $37,500 per day per violation, which would include penalties for discharges or other violations of a permit. Higher penalties mean greater deterrence from pollution. When facilities have NPDES permits, permit violations are also CWA violations that can warrant these heightened penalties, even if the violation does not cause a discharge to surface water.

 

 Join the Fight

  • Factory farm proposing to build near you? Have concerns about an existing facility? We can work with you and your community to fight back and stand up for clean air and water and your quality of life.

Learn more

CCI Member, Ray Harden, from Perry, Iowa wrote an excellent piece about the Des Moines Water Works Lawsuit and the new dirty water attack ad.  Check it out!

 

DES MOINES WATERWORKS LAWSUIT

 

The T.V. commercial opposing the Des Moines Waterworks legal action against  three county drainage districts in northwest Iowa has misleading statements. The commercial gives the impression that individual farmers are being sued, this is incorrect.  The legal action is against drainage districts, not farmers or landowners.  Under Iowa law the drainage districts are run by the county supervisors, they are responsible for operating and maintaining the drainage district system.

The Des Moines Waterworks (DMWW) is saying that the districts are allowing water that contains known  pollutants to be discharged into Iowa’s waterways via a drainage ditch is a “point source of pollution” and should be regulated by the Federal Clean Water Act.  The discharge from the drainage ditches should be treated the same way as a discharge from a municipal sewage facility.  DMWW wants drainage districts to be regulated and be required to have a permit for discharge.  This is what the courts will decide.

The most egregious  statement made in the T.V. commercial is: ” Currently Iowa’s rivers are the cleanest they have been in twenty years.”  The Iowa Clean Water Alliance does not provide any data to backup this claim regarding water quality.  It is ironic that the statement was made the same week that the Iowa Department of Natural Resources reported Iowa’s

“Impaired Bodies of Water” has increased 15% in the last two years- there are now 725 bodies of water on the list (Des Moines Register May 15).  The North Raccoon River, that flows through Dallas County, is one the most polluted.

The “Clean Water Alliance” does not provide any data to backup this statement regarding water quality.  I am not seeing the rivers getting cleaner.   I do a monthly nitrate test on three drainage tiles that flow into a creek near Perry.  From late winter to May  these three tiles have consistently had nitrate reading of 15mgm per liter to 20mgm per liter.  More that 10mgm per liter is not considered to be safe in drinking water.

I did nitrate tests on the waters of the North Raccoon River, from Greene County to Dallas County on a recent canoe trip and found similar nitrate readings.    The river’s color is also a sign of water quality- the river was a chocolate brown, indicating a lot of soil erosion.  The soil washing into the streams carries fertilizer, manure, and other undesirable chemicals that have a harmful effect on wildlife and humans.

It has been many years since I have caught a walleye or smallmouth bass in the Raccoon River- fish that need clean water.  It has been equally as long since I have see a live mussel or clam in the river; they are dying because of nitrates in the water.  Where is the clean water the commercial is referring to?

I am pleased the Des Moines Water Works is moving forward with the lawsuit.  This action will bring more focus to the problem and hopefully the Iowa Legislature and governor will provide more funds for agricultural conservation practices and regulations to improve Iowa’s water quality.

 

Ray Harden

Perry, Iowa

 

 Join the Fight

  • Factory farm proposing to build near you? Have concerns about an existing facility? We can work with you and your community to fight back and stand up for clean air and water and your quality of life.

Learn more