All Iowans have stake in clean water

Ry Ralph Rosenberg

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More than a year ago, the Environmental Protection Agency (EPA) identified serious shortcomings in Iowa's oversight of confined livestock operations that put clean water at risk. In December, the agency spelled out in clear terms what Iowa's Department of Natural Resources (DNR) could do to protect waters.

Now, in August, the issue remains unresolved.

While the delay drags on, Iowans who live near rivers or streams affected by animal feeding operations or whose drinking or recreational waters are affected are losing confidence that government is protecting their interest in clean water. They are tired of waiting for DNR and EPA to act.

Recently released documents detailing Gov. Terry Branstad administration's intervention in these negotiations call into question whether state government will follow through on completing inspections that are necessary to enforce the Clean Water Act and are expected by Iowans. News reports have disclosed the administration is working alongside agribusiness interests to soften expectations for protecting Iowa's waters from harmful manure spills.

It is not surprising that agribusiness interests have provided feedback on the draft of the agreement. However, as negotiations have continued, it has become unclear how that feedback is being incorporated. State government should assure Iowans that the final plan will include needed inspections and oversight to protect Iowa's waters.

When Iowans have had the chance to comment to state government on clean water in the last year, some have even suggested they travel out of state to find waters clean enough for recreation.

The Iowa Environmental Council wants Iowans to canoe, fish and swim in Iowa. The Council wants Iowa's rivers and lakes to be safe for swimming. Iowans have a right to be confident that water is getting cleaner over time. Those views must be considered when our state government sets plans for enforcing the Clean Water Act.

Last winter, the Iowa Environmental Council released an analysis of state records on how manure spills continue to put Iowa's water at risk. We identified 262 manure spills that reached Iowa waterways between 2001 and 2011, 42 percent of which did not result in a documented monetary penalty assessed by DNR. Fish kills were documented in approximately one-third of spill cases, and DNR estimates revealed at least 1.2 million fish died as a result.

Given the harmful effects manure spills have on Iowa waters, additional protections and oversight are needed. Many Iowans expect state government to act with a sense of urgency to protect rivers and lakes through a credible system of on-site inspections and compliance. Specifically:

l DNR should establish a fair and responsible method to regularly inspect confinement facilities to ensure that the way they operate adequately protects Iowa's waters from damaging manure spills. Among Midwest states, Iowa appears to have one of the lower numbers of inspectors given the size of our state's livestock industry.

l DNR policy should be to seek penalties for all pollutant discharges to water and for failure to address operational violations likely to result in such discharges.

l DNR should ensure fines and penalties are strong enough so that operators will not consider installing adequate safeguards to be a less attractive option than simply accepting DNR's fine should an incident occur.

While the environmental groups involved in the case, the Sierra Club's Iowa Chapter and Iowa Citizens for Community Improvement, have obtained some information, details of the evolving agreement between EPA and DNR remain out of public view.

State government has the responsibility to disclose more information on its intentions for livestock enforcement and release its plans for public scrutiny before they are finalized. The Environmental Council believes considering input from all stakeholders - including those affected by water pollution - will result in better solutions that will restore public confidence that Iowa's waters are protected.

This commitment to public accountability should extend to all Iowa's efforts to address threats to clean water, clean air and our lands.

l Ralph Rosenberg is executive director, Iowa Environmental Council, www.iaenvironment.org. Comments; rosenberg @iaenvironment.org