Although Kansas Department of Health and Environment (KDHE) approved the permit for the 88,000 head cattle mega-feedlot, it’s not a “done deal.” There is an appeals process that Pawnee County residents can use to overturn this unhealthy decision. We say “unhealthy” because that is exactly what it is … a decision to subject our residents to exponentially more intense water and air pollution … pollution that scientific studies in other states show we are likely being exposed to from existing feedlots south of Larned. (For background information, go to “Pawnee Citizens Advocating for Rural Environment and Economy” on Facebook.) This “permit to pollute,” if allowed to stand, will seriously injure our health and rights to enjoy our property for generations to come.
We see that the regulatory process is rigged against citizens when feedlots confidently spend tens of thousands of dollars in site development before a permit is even issued. The idea that, in our great nation, feedlots can pollute rural communities with impunity goes against the very foundations of our rights to enjoy healthy lives and our property.
Before moving forward, we should thank KDHE staff for two improvements to the permit for the proposed 88,000 head cattle mega-feedlot … (1) The maximum allowed 1/10 inch per day seepage rate from runoff ponds was reduced to 1/40 inch. (2) They now require five groundwater monitoring wells at the feedlot to detect pollution earlier. We should also thank ourselves because citizen testimony and letters likely influenced KDHE to make these important improvements to the permit.
The permit still contains at least three critical deficiencies concerning the area’s highly permeable geological formations and shallow aquifers – deficiencies sufficient for KDHE to reverse its issuance: (1) There is no provision for monitoring application of solid manure to fields, although there are indications that such applications from existing feedlots might be contaminating residential wells. (2) Nitrates monitoring wells for fields where manure irrigation water is applied are not required. Monitoring is essential to prevent more residential wells from getting contaminated. (3) The mandatory 10-foot minimum separation distance between the bottom of southwest wastewater pond (one of four such ponds collecting rainwater runoff from the feedlot) and aquifer is likely violated. Separation distances help protect groundwater. What happened is that KDHE accepted a water level reading that is likely inaccurate because the reference well it was taken from is about half a mile away. That reading from the distant reference well leaves less than an inch more than the 10-foot separation distance! Furthermore, the groundwater beneath the lagoon in question is also upgradient of and, consequently, likely shallower than groundwater at the reference well. This almost certainly leads to a violation of the required separation distance … more proof that KDHE favors mega-feedlots over human health. KDHE must require test wells be drilled near all wastewater ponds to verify separation distances.
What we can do right now is send our “petition for reconsideration” outlining the above defects to: “Director of Environment, Leo Henning, Kansas Department of Health and Environment, 1000 SW Jackson, Suite 400, Topeka, KS 66612” before May 25th. Please tell Mr. Henning that the permit is invalid and must be withdrawn for the above reasons. Take this opportunity to also tell KDHE to investigate and eliminate water and air pollution from existing Pawnee County feedlots … and use that information to develop environmental standards that actually protect our residents before approving another mega-feedlot in our county.
It’s time to remind Pawnee County Commissioners of their authority granted under Kansas statutes and regulations to “fix” problems with the existing feedlots as way of developing safer standards for new cattle feedlots, including the proposed 88,000 mega-feedlot. K.S.A. 164 authorizes county commissioners (and mayors) to require KDHE investigate water pollution from the existing feedlots. K.A.R. 28-5-4 requires county commissioners “to order … abatement … of … nuisances hazardous to public health whenever … called to their attention by … any citizen of the state” from “Any domestic animal pen that pollutes a domestic water supply, underground waterbearing formation …”.
County Commissioners should exercise their authority described above and join us in petitioning KDHE to withdraw the permit for the 88,000 head mega-feedlot until improved design and operating guidelines effectively protect our water and air. Although they do not have authority to make KDHE investigate our sickening air pollution, they (as we) have the right to ask. Let’s all, citizens and County Commissioners, work together to protect our health and rights to enjoy our property.
Merrill Cauble
Felix Revello
Larned
