By Sara Strong
Almost 60 local livestock producers showed up at the Rock County Board of Commissioners meeting Tuesday to hear a presentation from the Minnesota Pollution Control Agency.
The MPCA didn't have the audit report ready in its entirety, but shared some of its initial findings with the board.
So far, the MPCA has looked at 71 permits in LMO files, and has visited 11 sites.
Deficiencies ranged from small infractions - such as filing documents along with the inspector's notes - to more significant violations like miscalculating the number of animals permitted on a feedlot.
Tuesday's meeting was a first step in what will be the long-term inspection of each of the more than 600 Rock County feedlots. The entire process could last through 2004.
Local livestock producers are concerned about state officers and fines or changes that could result from errors in past permits.
County Attorney Don Klosterbuer said, "We have people here, who as far as they are concerned, have done everything right. - The objective is compliance, not punishment."
The MPCA can force producers to comply with state rules and laws. Jerry Holein, an MPCA feedlot specialist, said the MPCA allows producers time to fix problems.
He said sometimes engineers or consultants are needed to help producers get specific plans that allow their feedlots to meet expectations.
The added cost of that is what concerns local producers.
Richard Bakken, rural Garretson, S.D., said he had disagreeable dealings with the MPCA in the past.
He requested a review 10 years ago to make sure his Rock County production was in line with guidelines. He sought the help because the Rock County Land Management Office didn’t exist then.
Bakken said the MPCA treated him with suspicion rather than showing him guidance. He suggested the MPCA treat producers differently during the upcoming inspection of all Rock County operations.
"I would hope you don’t try to ride hard on these people," Bakken said to MPCA representatives.
He said the county deserves credit for developing programs and said producers should be applauded for approaching the LMO for help.
Bakken said, "If we hadn't made great strides [in the Land Management Office] the MPCA would have a harder time doing their inspections."
He said, "These people voluntarily registered so the MPCA knows where to find them all and what to look for."
Because the MPCA site audit review isn't ready, the County Board tabled passing a work plan Tuesday.
The work plan illustrates how the Board of Water and Soil Resources and Rock County will conduct a Level III inventory of all Rock County feedlots under the oversight of MPCA.
The work plan is supposed to be based on findings of the MPCA’s audit, so board members reasoned that the MPCA should follow through with its report before they pass a plan that should be based on it.
One catch to passing the work plan is getting environmental grant funds of more than $100,000 that have been withheld until the county passes the work plan.
Findings of preliminary feedlot reviews
The MPCA found that the county had areas to improve upon in its feedlot administration. MPCA regional manager Myrna Halbach said the MPCA will also try to improve its part of the feedlot program as well.
Some of the deficiencies found in the small program review so far are:
unpermitted earthen basins not properly evaluated
tax exemptions not properly given
open lot runoff to surface water not addressed
unsigned and/or undated permit applications accepted in completing administrative actions
reissuance of a Certificate of Compliance (COC) without a new permit application
inconsistencies between the permit application and the COC
COC issued without engineer plans or with plans that do not meet the minimum requirements
abondonment of an earthen basin not documented
no inspection notes in file
use of registration form as a permit application
discrepancies between registration and permit information
using incorrect animal unit values
no Manure Management Plan submitted as required in rules
wrong permit or COC issued by the county
notification requirement for sites more than 500 animal units were done incorrectly.
These general findings will be made specific as the MPCA finalizes its reviews.
Audit is result of bribery convictions
The Level III inventory is the most complete review of a feedlot and will be conducted as part of a plea agreement with David Logan of Global Ventures. Logan's fines cover costs of the inspections.
The Level III inventories are being done in Rock County to address any concerns that former Land Management Director John Burgers intentionally mishandled feedlot permits in Rock County.
Burgers was terminated in December after pleading guilty to one count of mail fraud in U.S. District Court.
Burgers admitted to abusing public trust through a scheme whereby he obtained loans and funds in connection with the hog production facility, Global Ventures Inc., in exchange for preferential treatment to the facility.
Burgers said that in March 1996 he learned that a hog production facility owned by Global Ventures was in violation of environmental regulations.
Instead of notifying the MPCA, Burgers contacted a senior officer of Global Ventures and advised him to take care of the problem before he contacted state officials.
A few months later Burgers approached the same officer and informed him that he (Burgers) was in financial trouble and needed money.
Per the plea agreement, the court dropped the more serious bribery charge.
Work plan
The work plan draft that was tabled by the County Board includes a timeline of total Level III feedlot inspection by Dec. 31, 2004.
It calls for BWSR and Rock County to conduct the inventories with MPCA overseeing the process.
Producers with the most animal units will have a higher priority and be inspected first. Next on the list of priorities is producers with open feedlots.
Reporting on findings of the Level III inventory also goes by the State’s Attorney’s Office for review.