Senator Kapanke has proposed a bill, SB 504, that will dramatically cut DNR authority over livestock factories or "CAFOs."  Sen. Kapanke introduced the bill on the Friday night before a holiday weekend.  And, the hearing is 1/18 at 10 am.

We need your members to call their representatives and senators, with special emphasis on Representative Ott and Senator Kapanke, and tell them to withdraw this terrible, anti-public health bill.  The bill will increase the risk of fishkills and well contaminations - and puts public health and rural families at risk.  

The hearing details:

Senate Agriculture and Insurance Public Hearing, 10 am, Wed, Jan 18, 411-S.

Link to the full committee notice:  Senate Ag Committee 1-18-06

SB-504.  Determining the size of a livestock operation for the applicability of the livestock facility siting law, water quality regulation of livestock operations.

Talking Points

    * This bill will cut DNR authority over livestock factories, also known as "concentrated animal feeding operations" or "CAFOs."  In fact, this will bill cut DNR authority from up to 16 of the 140 regulated livestock factories in Wisconsin.  

    * There were a record 52 manure runoff events between July 2004 and June 2005, many of which resulted in the contamination of private wells or caused fishkills in highly valued trout streams.  There have been even more since then. Most of the spills came from operations that were not requlated by the DNR.  Why would the legislature propose to further reduce DNR's efforts to stop these spills and protect public health?

    * Introducing this bill before a holiday weekend and then immediately scheduling the hearing for the following week is too short of notice to participate in the hearing.  This is especially true for working families that might be most harmed by this bill from the lack of DNR authority over livestock factories.  The hearing should be rescheduled to give working families time to participate.  

The details:  SB 504 is requiring Wisconsin to define "Concentrated Animal Feeding Operation" or "CAFO" the same way the EPA does under the new federal rules. EPA only looks at one type of animal (e.g. a dairy cow, 1.4 animal units or "AU's") at a CAFO in calculating whether the "CAFO" threshold has been exceeded, requiring a DNR manure discharge permit.  However, there may several types of animals (milking cows, calves, heifers, beef cows, etc.) that still produce waste, but won't count towards determining whether to require a permit because they are different animal types.   This is concerning because a lot of livestock operations in Wisconsin have both mature milking cows and replacement heifers and calves.  

An example:  A livestock operation could have 600 mature milking cows (less than 1,000 AU's) and 900 heifers (also less than 1,000 AUs).  However, this operation is NOT a CAFO despite that cumulatively, it exceeds the 1,000 AU threshold and produces more waste than an operation with 700 mature milk cows, which would definitely be regulated by the DNR.

Aside from the fact that this situation is grossly unfair to the operation with the 700 mature milk cows, it represents a sea-change in Wisconsin's efforts to control manure spills, prevent fishkills, and keep our groundwaters clean and safe.  Our goal should not be to backslide and deregulate CAFO's in Wisconsin when what public health demands is closer oversight.  Careful manure management and DNR oversight will not hinder livestock production in Wisconsin, but certainly will protect public health and prevent environmental catastrophes like we experienced last winter.  

I hope your members can do their best to attend the hearing, and if not that, then call Senator Kapanke's and Rep. Ott's office to tell them to withdraw this bill.  

Andrew C. Hanson, Attorney

Midwest Environmental Advocates, Inc.

702 E. Johnson St.

Madison, WI 53703

tel. (608) 251-5047

fax (608) 268-0205

www.midwestadvocates.org