IA DNR: Consent Agreement Reached in Dallas County Hog Confinement Case

DES MOINES - A consent agreement between a Dallas County pork producer and the Iowa Environmental Protection Commission (EPC) was reached Tuesday that will allow the construction of new buildings, but also include a number of requirements to protect the environment.

By a 6-0 vote with one abstention, the agreement approves construction permits for Lincoln 1 Pork, LLC and Dallas Pork, LLC to construct hog confinements in Dallas County. The decision by the DNR to allow construction was appealed by the Dallas County Board of Supervisors in August with the EPC voting to uphold the appeal and deny the permits needed for construction.

Tuesday's action by the EPC is an agreement with the producer to issue the permits with a number of stipulations targeted at protecting the environment. The agreement also settles a lawsuit filed by the producer appealing the EPC's original decision to District Court.

"We are pleased an agreement was able to be reached providing greater protection for the environment and we appreciate the producers' commitment to resolve this issue," said EPC Chairman Henry Marquard of Muscatine.

"We hope this example is followed in the future in permitting these types of facilities so our water resources can be properly protected," Marquard added.

Conditions added to the permit under the agreement reached Tuesday include:

All tile line intakes located in fields used for application of manure need to have a non-permeable barrier installed prior to application and for at least three days after manure application is completed.
All water wells located in any fields used for manure application shall be permanently plugged.
Land application of manure will not be done on frozen or snow-covered ground except in the case of an emergency and the DNR is consulted in advance to determine measures that would reduce the likelihood of manure runoff.
Manure shall not be applied during wet periods of runoff.
Prior to land application, manure from deep pits of the facilities will be sampled and analyzed for nutrients and application rates will be adjusted accordingly to comply with the manure management plan.
Land application of manure will be done according the nutrient application rates of nitrogen and the Iowa phosphorus index.
A licensed, independent engineer will be trained on a consulting basis and will submit a certification that the engineer supervised construction of the manure storage structures.
Prior to the first manure application, an emergency response plan shall be submitted to the DNR.
At least 24 hours advance notice that manure will be applied will be provided to the DNR including the name and phone number of the person or firm responsible for the application.
Two rows of trees shall be planed and maintained along certain parts of the property where the construction is taking place.
At the Lincoln 1 site, one grass buffer at least 10 feet wide and 500 feet long will be planted and maintained at the low runoff point in the northeast field along E Avenue.

"I believe that the decision made today reflects positive movement forward in protecting Iowa's public waters. I sincerely appreciated the willingness of the livestock producers, the Environmental Protection Commission, and the Attorney General's office in finding a workable solution," said DNR Director Richard Leopold.

The proposed sites are to house 7,440 wean-to-finish pigs each at separate facilities in Dallas County near Dawson.

PDF

Dallas Pork Consent Order

Dallas Pork and Lincoln Pork Petition

Lincoln Pork Permit

Dallas Pork Permit