Menu

Manure from livestock farms of all sizes could be regulated like hazardous waste unless Congress takes action, a bipartisan group of lawmakers has warned.

The Agricultural Protection and Prosperity Act of 2007 would clarify that livestock manure is not subject to the "Superfund" law, which was originally designed to clean up toxic waste sites. Some courts have recently attempted to apply the law, formally known as the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), to livestock farms.

Legislators say livestock producers could face fines of $27,500 per day if they are in violation of the law.

"It should be a very clear issue that farms are not toxic waste dumps because of the application of manure and the normal use of nutrients," said Adam Sharp, OFBF senior director of national and regulatory affairs.

Two Ohio Congressmen, Jim Jordan, R-Urbana, and Zack Space, D-Dover, have cosponsored the House version of the bill.

"We're very glad to see bipartisan support from two Ohio lawmakers for this legislation," Sharp said.

American Farm Bureau Federation President Bob Stallman said numerous laws, regulations and voluntary programs already help guide farmers in protecting the environment.

"Farmers and ranchers would simply be put out of business if they did not comply with existing rules, but adding CERCLA on top of that would present a harsh regulatory environment that would break the backs of independent livestock producers in particular," he said.

David White, OFBF senior director of policy research and development, agreed that Ohio livestock farms already face a wide range of regulations on the federal, state and local levels.

"We've got enough rules. We just need to make sure that everyone is in compliance," he said.

White said the cost of CERCLA regulations could easily drive family farms out of business.

"If we don't get this clarification on manure, every livestock farmer is exposed to CERCLA rules that were clearly never intended to apply to them," he said.