Public Overwhelmingly Wants DNR to Do More to Clean Up Iowa's Waters
DNR Public Comment Period on Impaired Waterways Flooded with Clean Water Concerns
CCI members have analyzed the 1,778 comments received by Iowa DNR during the public comment period on the draft impaired waterways list which ran from May 19 – July 2.
1,775 of the comments submitted vocalized support for increased enforcement of the Clean Water Act (CWA) in Iowa.
“This overwhelming response to the public comment period shows that Iowans are sick and tired of dirty water and the business as usual policies of our elected and appointed officials,” said CCI member Connie Hanson of Cresco, IA.
Iowa DNR released its new polluted waterways list in May, and cited a new record of polluted waterways in Iowa, 725 impairments. This is a 15% increase in polluted waters from the 630 polluted waters in 2012. CCI members say this is a clear sign that Iowa’s voluntary Nutrient Reduction Strategy isn’t working, and that CWA permits for factory farms are one solution to Iowa’s water crisis.
On July 1st Iowa CCI members hand delivered over one thousand comments (in addition to hundreds submitted by email) to DNR headquarters calling on them to crack down on corporate ag and the enormously destructive pollution they create at the expense of the people of Iowa. After visiting with Deputy DNR Director, Bruce Trautman, CCI members gathered outside the Wallace Building and constructed a chalk map of Iowa listing how many polluted waterways are present, county by county.
Only three comments received by DNR do not call for stronger protection of our waters, which were submitted by industry representatives from the Iowa Corn Growers Association, Iowa Cattlemen’s Association, and Iowa Pork Producers Association. CCI members were not surprised by their status quo suggestions and continued support for the failed voluntary nutrient reduction strategy.
All three associations stated that they believe the impaired waters list has grown mainly due to increased water monitoring.
“Does this mean if we stop monitoring them they go back to being clean, unpolluted waters?” asked Patti McKee, CCI member from Des Moines.
Water activists across the state have been working with multiple strategies to crack down on factory farm and corporate ag polluters. Iowa CCI, the Environmental Integrity Project, and Sierra Club have been working on an 8 year campaign to bring the DNR into compliance with the Federal Clean Water Act for factory farms in Iowa.
Iowa DNR began implementing the Federal CWA for factory farms in September 2013, but has yet to issue a single CWA permit to a hog factory farm.
CCI members say CWA permits will help start to clean up Iowa’s waterways because they would make polluting factory farms play by tougher standards or be shut down. CWA permits are tougher than current Manure Management Plans for a number of reasons:
Broader coverage of enforcement: CWA permits must prevent discharges from the production area as well as land application areas. Iowa’s Manure Management Plans (MMPs) only address land application areas.
More transparency: When permits are proposed the public must be given notice of the proposed permit and an opportunity to comment on it. NPDES permits, and all associated reports, must be publicly accessible.
Fixed terms: Unlike Iowa’s MMPs, CWA permits have fixed five-year terms. That way, they are subject to being reviewed, updated, or terminated on a regular basis. DNR admitted in an Ag Appropriations Sub-Committee this year that DNR does not review MMPs because they do not have the capacity to do so.
Operation & maintenance requirements: CWA permits have operation and maintenance requirements so that factory farm operators prevent problems before they happen. Currently, factory farm owners may have to fix a problem after a discharge, but aren’t required to use basic practices that would prevent many discharges in the first place.
Higher penalties for violations: State law caps penalties at $5,000 per day per violation and the state cannot collect more than $10,000 per violation. Under the CWA, penalties are up to $37,500 per day per violation, which would include penalties for discharges or other violations of a permit. Higher penalties mean greater deterrence from pollution. When facilities have NPDES permits, permit violations are also CWA violations that can warrant these heightened penalties, even if the violation does not cause a discharge to surface water.