# Water Pollution



Proposed CAFO expansion threatens Scott County water, air quality

The Scott County Board of Supervisors will vote August 19 on a proposed major expansion of a Grandview Farms Inc., a confined animal feeding operation owned by Thomas Dittmer. The supervisors' public hearing on the matter drew large numbers of supporters and opponents earlier this month. The Iowa Department of Natural Resources has authority to issue permits, but the county's recommendation may influence the DNR's decision on the expansion. If approved, the CAFO could nearly double its annual production of hogs from 80,000 to 150,000.  

Scott County officials who reported to the supervisors gave the CAFO expansion proposal 480 on the "master matrix" evaluation system, where 880 is the maximum number of points and 440 is needed to pass. However, Iowa Citizens for Community Improvement disputes that score on several grounds:  

Factory farm operator Tom Dittmer discharged manure into a tile line that runs into a tributary of Hickory Creek, a state waterway, according to preliminary test results obtained by the Iowa Department of Natural Resources (DNR) during a site survey conducted last Friday [August 6].  

Iowa Legislative Code 459.311(1); 567 and Iowa Administrative Code 65.2(3) both state, "A confinement feeding operation shall not discharge manure directly into water of the state or into a tile line that discharges into a water of the state."  

"We have a documented discharge from the confinement to a tile line," Dennis Ostwinkle, Supervisor of the Iowa DNR's Field Office in Washington, said in an email correspondence with Iowa CCI Tuesday.  

The DNR field investigation was prompted in part by complaints filed by the Quad City Waterkeepers, Illinois Citizens for Clean Air and Water, and Iowa CCI.  According to Ostwinkle, the field tests were submitted to the University of Iowa Hygenics Lab for further testing. If the preliminary field tests are confirmed, the violation could force a deduction of an additional 25 points from Dittmer's Master Matrix score. Scott County Iowa CCI members have already identified 160 points that should be deducted from the Master Matrix score.

 

While water pollution is a primary concern of those who oppose CAFO expansions, large hog lots can also compromise air quality. As Paul Deaton discussed at Blog for Iowa, CAFOs near industrial areas pose a particular risk:  

According to the 2010 State of the Environment report from the Iowa Department of Natural Resources, "In Iowa, most fine particle pollution forms in the atmosphere when ammonia (from animal feeding operations, fertilizer application and other natural sources) combines with sulfuric or nitric acid (from power plants, automobiles and other combustion sources) to create tiny particles."  

Expanding the amount of ammonia emitted in Scott County, which the additional capacity of Dittmer's hog lot would do, combined with the heavy industry already there would create additional fine particulate matter. It is a formula for trouble as it pertains to human health.  

It works like this: ammonia from livestock operations is emitted into the atmosphere where it combines with sulfuric or nitric acid emitted from burning coal and creates fine particulate matter which gets into the lungs of people and causes significant health problems in the form of increased incidence of asthma, cardio-respiratory problems and increase morbidity and mortality.

Let's not talk about the fact that Davenport and neighboring Muscatine and Rock Island Counties were identified by the United States Environmental Agency as being in non-attainment for fine particulate matter. During the phase in of testing for fine particulate matter, Scott and Muscatine Counties were identified as being in non-attainment according to newly promulgated standards.

 

Congressman Bruce Braley, who represents Scott County, is a friend of Dittmer and "submitted a letter in support of the expansion,&quot. State Senator Joe Seng of Davenport has not taken a position for or against the proposal.  

Seng said he was “sort of sitting on the fence” about the project. But as chairman of the Agriculture and Natural Resources Budget subcommittee, he believes funding needs to be restored for odor quality research.

 

Wrong answer, Senator Seng. The “odor-study bill” approved by Iowa legislators in 2008 was a waste of time and money, because Iowa taxpayers already paid to study this issue, and research conducted in other states has identified “cost effective ways to mitigate odor” from hog lots.

If you live in Scott County and are concerned about the potential increase in air and water pollution, please consider contacting the five members of the Board of Supervisors before Thursday, August 19. Phone calls or old-fashioned letters are harder to ignore than e-mails.

LATE UPDATE: The Scott County board of supervisors approved the planned CAFO. Molly Regan, a former former Soil and Water Commissioner for the county, has more on this story at Blog for Iowa.

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Group names Cedar River fifth most endangered in U.S.

For 25 years, American Rivers has released annual reports on “America’s Most Endangered Rivers.” Only one waterway in the Midwest made the group’s top ten list for 2010: Iowa’s Cedar River, which came in at number 5. American Rivers comments:

The Cedar River harbors globally rare plant communities, provides critical habitat for fish and wildlife, and is a popular destination for paddlers and anglers. However, outdated flood management and poor watershed planning are impacting public health and safety by causing pollution and increasing the risk of flood damage. The Army Corps of Engineers must prioritize lower cost, non-structural flood management solutions on the Cedar River. These natural solutions will help reduce flood damage, improve water quality, restore fish and wildlife habitat, and provide recreational opportunities and economic benefits while saving taxpayer dollars.

Go here to download a factsheet with more information about the Cedar River and why it’s “endangered.”

Perry Beeman posted the full press release from American Rivers at the Des Moines Register’s blog. Excerpt:

“We have an opportunity to learn from the devastating floods of 1993 and 2008 and rebuild smarter and stronger. We need to incorporate non-structural, natural solutions that provide flood protection, improve water quality, enhance fish and wildlife habitat, and provide recreational opportunities and economic benefits to local communities,” said Sean McMahon, state director of The Nature Conservancy in Iowa.

“It is time for Iowans to insist that state and federal flood protection policies work to reduce flood damage by moving people and structures out of harms way, allowing the flood plain to perform its natural function to absorb and slow the river’s flow during future floods,” said Susan Heathcote with Iowa Environmental Council.

“The newly-organized Cedar River Watershed Coalition has recognized the need to take a holistic approach to watershed management by reaching across city and county jurisdictions to take a whole watershed approach to flood mitigation and river restoration.  This innovative group of concerned individuals and communities is committed to working together to reduce the impacts of flooding in the watershed and to improve water quality in the Cedar River,” said Rosalyn Lehman with Iowa Rivers Revival.

By 2008, the Cedar River had had two 500-year floods within 15 years. Rain falls on a radically changed landscape: plowed fields have replaced tall grass prairies; streams and creeks have been straightened; 90 percent of wetlands have been destroyed; floodplains have been filled and developed; and flows have doubled in just the last half century. Even without factoring in possible effects of climate change, which would exacerbate the problems, the landscape changes will bring more frequent and severe floods. The communities along the Cedar River deserve better, 21st century flood protection solutions to ensure public safety and river health.

The Cedar River, a tributary to the Mississippi River, provides drinking water to more than 120,000 residents, and roughly 530,000 people live and work in the Cedar River watershed. The primary land use in the watershed is agriculture and the river is a popular place for boating and fishing. The river is home to globally rare plant communities and fish and wildlife, including two species of endangered mussels.

In response to the devastating floods of 2008, the Iowa legislature passed a bill in 2009 requiring the Water Resources Coordinating Council to draft recommendations on “a watershed management approach to reduce the adverse impact of future flooding on this state’s residents, businesses, communities, and soil and water quality.” The WRCC submitted those recommendations in November 2009.

Unfortunately, Iowa legislators proved unwilling during the 2010 session to take even baby steps on floodplain management. A bill much weaker than the WRCC recommendations passed the Iowa Senate but never made it out of subcommittee in the Iowa House. The League of Cities, among others, lobbied against the measure. But don’t worry, if any of those cities experience a catastrophic flood, their lobbyists will urge legislators to send plenty of state taxpayer money their way.

I would like to see more cities adopt Davenport’s model for co-existing with a river:

In a nation that spends billions annually on structural flood protection (and billions more when the levees fail) Davenport is the national model for a more cost effective and environmentally responsible approach. We are the largest city in the nation on a major river without a system of levees and pumps for “flood control”. We’ve never had them.  And we don’t want them. Instead of viewing the grand Mississippi as just another storm sewer, we treat it appropriately, with a broad floodplain in (99%) City ownership, now the focal point of our “River Vision” plan. The River Vision plan, developed in conjunction with our southern shore partner, Rock Island, Illinois, is the only bi-state riverfront brownfield redevelopment plan of its kind in the nation. Developed with the extraordinary public input of more than a thousand citizens, the plan is guiding the riverfront revitalization of the historic core of the Quad Cities, and has garnered the nation’s “Most Livable Small City” award from the US Conference of Mayors.  In the historic 2008 Iowa floods, Davenport outperformed every city in the state. We even continued to play baseball at our riverfront ballpark as it became an island in the river. In 2009, our unique approach to floodplain management merited review by the National Academy of Science.  A nine minute video of Davenport’s resilience through the 2008 floods is accessible online.

The University of Iowa’s Center for Global and Regional Environmental Research, in cooperation with other groups, has organized a series of seminars on “The Anatomy of Iowa Floods: Preparing for the Future.” The first of the free seminar series took place in Des Moines in March. After the jump I’ve posted the schedule and agenda for future seminars in Burlington, Cedar Rapids, and Waverly this month, and in Mason City and Ames in July.

If you care about protecting Iowa waterways, please consider joining any or all of the following groups: Iowa Environmental Council, Iowa Rivers Revival, Nature Conservancy in Iowa, and the Sierra Club Iowa chapter.

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Bad news for Iowans who breathe air and drink water

I wish I had better news to share on Earth Day, but the Iowa Department of Natural Resources issued its annual State of the Environment report this week, and it’s not encouraging for people who like to breathe air and drink water. From Perry Beeman’s report in the Des Moines Register:

Last year culminated a three-year run in which air pollution exceeded health thresholds 125 times – up 33 percent from the previous three-year reporting period.

[Iowa DNR Director Richard] Leopold said that’s disturbing as production was down at many factories because of the economy.

Most of the problem: fine particles from hog confinements, cars and power plants, whose emissions blend ammonia and sulfuric or nitric acid in the air.

Fine particulate matter, also known as PM 2.5, has been linked to many life-threatening illnesses and causes thousands of premature deaths every year. That’s another reason to be thankful that utility companies abandoned plans to build new coal-fired power plants in Waterloo and Marshalltown last year. (Side note: could someone please inform the three “pro-life” Republican gubernatorial candidates that coal combustion is hazardous to human health? Terry Branstad, Bob Vander Plaats and Rod Roberts all favor building more coal-fired power plants in Iowa.)

As for the other major contributors to poor air quality in our state, the Iowa legislature has done little about air pollution from confined animal feeding operations (CAFOs) beyond passing a time- and money-wasting odor study bill in 2008. Nor have our state’s leaders done enough to fund alternate modes of transportation, which could reduce vehicle miles per capita traveled by car (and the associated fine particulate emissions).

The DNR’s report showed statistically insignificant improvements in Iowa water quality, but not enough to lift us out of the “poor” category. While new “antidegradation rules” on water quality may protect some Iowa waterways from getting worse in the future, we have a long way to go to make our lakes and rivers safe for recreation and other uses.

Public demand for usable waterways is increasing; the DNR’s report showed that more Iowans are using state parks, boating and buying fishing licenses. It’s therefore baffling that the DNR is proposing to reduce protection for 408 Iowa stream segments this year. The Iowa Environmental Council has much more background on this issue here. Public comments to the DNR are needed by April 30, and it only takes a few minutes to send a message to the relevant DNR official (click here for contact information and talking points).

For those who like to fish: please be aware of the DNR recommends eating fish from certain lakes and rivers no more often than once a week because of elevated mercury levels. Coal combustion from power plants is the main source of mercury pollution in our waterways.

Share any relevant thoughts or Earth Day plans in this thread. I see that the Sierra Club of Iowa, Moveon.Org and 1Sky are organizing a rally outside Representative Leonard Boswell’s office (300 Locust in Des Moines) at noon today to urge Boswell to oppose various “dirty air” bills proposed in Congress. They are asking people to “dress in rain gear, such as raincoats, rain hats, umbrellas, galoshes, etc., to make the point of increasing severe weather due to climate change.”

There’s also an Earth Day Trash Bash cleanup event in downtown Des Moines this afternoon, followed by a celebration in the Simon Estes ampitheater. Here’s a description of last year’s cleanup.

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City of Creston joins lawsuit against atrazine producer

Jason Hancock published a fascinating story at Iowa Independent today about a federal lawsuit against Syngenta AG and its U.S.-based subsidiary, Syngenta Crop Protection Inc. Sixteen communities, including Creston in southwest Iowa, are suing Syngenta because it profits from sales of atrazine while communities have to pay to remove the weed-killer from water supplies. Apparently Creston has a higher concentration of atrazine in its drinking water than any other Iowa city.

Judging from this comment by a Syngenta spokesperson, the key to the company’s defense will be a Bush administration Environmental Protection Agency finding, which asserted that atrazine has no detrimental effects in humans. However, the herbicide is banned in Europe because of numerous studies showing that it enters the water supply and is correlated with certain cancers and birth defects.

We could reduce water pollution if we made polluters pay the cost of removing contaminants from drinking water, but asking farmers who apply atrazine to pay for water treatment is a political non-starter. I don’t know what legal precedent supports suing the manufacturer of a farm chemical over the cost of treating drinking water. Last year the Obama administration EPA ordered the independent Scientific Advisory Panel to conduct a thorough scientific review of atrazine’s “potential cancer and non-cancer effects on humans,” including “its potential association with birth defects, low birth weight, and premature births.” I assume the results of that review will affect the outcome of the cities’ federal lawsuit against Syngenta.

I’m still waiting for so-called “pro-life” activists to support restrictions on farm chemicals linked to birth defects and spontaneous abortions.

Culver opposes dirty water bill

Governor Chet Culver will not sign a bill that would weaken Iowa’s current restrictions on spreading manure over frozen and snow-covered ground. Culver’s senior adviser Jim Larew confirmed the governor’s opposition during a February 22 meeting with members of Iowa Citizens for Community Improvement. Iowa CCI is among the environmental groups that have sounded the alarm about House File 2324 and a companion bill, Senate File 2229. The bills would exempt many large farms from the new manure application rules adopted last year. Earlier this month, the House Agriculture Committee approved HF 2324 with minimal debate.

Culver had previously promised to block the new proposal in private conversations. The bill’s lead sponsor in the Iowa House, Democratic State Representative Ray Zirkelbach, told IowaPolitics.com yesterday, “Basically I was told that the governor’s going to veto it no matter what … if it came to his desk […].” Zirkelbach contends that the bill is needed to help the struggling dairy industry. He denies that it would lead to more manure contaminating Iowa waters.

I am glad to see the governor take a stand against Zirkelbach’s proposal. Improving the manure application bill was a major victory during the closing days of last year’s legislative session. We should not have to keep fighting efforts to move us backwards on water quality.

The full text of yesterday’s press release from Iowa CCI is after the jump.

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Massive Iowa Legislature linkfest (post-funnel edition)

The Iowa Legislature has been moving at an unusually fast pace during the shortened 2010 session. It’s time to catch up on what’s happened at the statehouse over the past three weeks. From here on out I will try to post a legislative roundup at the end of every week.

February 12 was the first “funnel” deadline. In order to have a chance of moving forward in 2010, all legislation except for tax and appropriations bills must have cleared at least one Iowa House or Senate committee by the end of last Friday.

After the jump I’ve included links on lots of bills that have passed or are still under consideration, as well as bills I took an interest in that failed to clear the funnel. I have grouped bills by subject area. This post is not an exhaustive list; way too many bills are under consideration for me to discuss them all. I recommend this funnel day roundup by Rod Boshart for the Mason City Globe-Gazette.

Note: the Iowa legislature’s second funnel deadline is coming up on March 5. To remain alive after that point, all bills except tax and appropriations bills must have been approved by either the full House or Senate and by a committee in the opposite chamber. Many bills that cleared the first funnel week will die in the second.  

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Open thread with events coming up this week

I didn’t have time to pull this together yesterday, but here’s a late weekend open thread. Share whatever’s on your mind.

(UPDATE: If you think you know American history, see how well you do on Charles Lemos’ Presidents’ Day trivia quiz. Each president is the correct answer to only one question.)

After the jump I’ve posted details on many events coming up this week. I hope to attend the screening of the “Big River” documentary in Des Moines on February 18. It’s a sequel to the must-watch “King Corn,” and the screening is a joint benefit for the Iowa Environmental Council and Practical Farmers of Iowa.

If you are a Democratic candidate in Iowa, please e-mail me your list of upcoming events so I can include them in these threads. (desmoinesdem AT yahoo.com)

Oxfam America “is seeking Des Moines area volunteers to lend 5-8 hours of time per week to help them raise awareness of the impacts of climate change on global communities and encourage action to alleviate it.” If you’re interested, you need to contact them by February 15 (information below).

Have a laugh at this from the Onion: New law would ban marriages between people who don’t love each other.


New Law Would Ban Marriages Between People Who Don’t Love Each Other

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Another study finds link between atrazine and birth defects

Yet another study has found that exposure to the weed-killer atrazine is associated with a higher rate of a birth defect:

Living near farms that use the weed killer atrazine may up the risk of a rare birth defect, according to a study presented this past Friday [February 5] at the annual meeting of the Society for Maternal-Fetal Medicine in Chicago.

About 1 in 5000 babies born in the U.S. each year suffers from gastroschisis, in which part of the intestines bulges through a separation in the belly, according to the March of Dimes. The rate of gastroschisis has risen 2- to 4-fold over the last three decades, according to Dr. Sarah Waller, of the University of Washington, Seattle, and colleagues. […]

The researchers looked at more than 4,400 birth certificates from 1987-2006 – including more than 800 cases of gastroschisis — and U.S. Geological Survey databases of agricultural spraying between 2001 and 2006.

Using Environmental Protection Agency (EPA) standards to define high chemical exposure levels in surface water, they found that the closer a mother lived to a site of high surface water contamination by atrazine, the more likely she was to deliver an infant with gastroschisis.

The birth defect occurred more often among infants who lived less than 25 km (about 15 miles) from one of these sites, and it occurred more often among babies conceived between March and May, when agricultural spraying is common.

A separate study published last year in the medical journal Acta Paediatrica compared monthly concentrations of “nitrates, atrazine and other pesticides” in the U.S. water supply with birth defect rates over a seven-year period. The researchers found, “Elevated concentrations of agrichemicals in surface water in April-July coincided with higher risk of birth defects in live births with [last menstrual periods in] April-July.” The association was found for “eleven of 22 birth defect subcategories” as well as for birth defects as a whole.

The European Union banned atrazine in 2003 because of groundwater contamination, but tens of millions of pounds of the chemical are still sprayed on American farms. It has been proven to enter the water supply and is correlated with increased rates of breast and prostate cancers.

During the Bush administration, the U.S. Environmental Protection Agency maintained that atrazine had no detrimental effects in humans. But in a policy shift last October, the EPA announced that it would ask the independent Scientific Advisory Panel to conduct a thorough scientific review of atrazine’s “potential cancer and non-cancer effects on humans,” including “its potential association with birth defects, low birth weight, and premature births.” The panel will also evaluate research on “atrazine’s potential effects on amphibians and aquatic ecosystems.” Conventional agriculture groups aren’t waiting for the results of the review; they are already lobbying the EPA not to restrict or ban the use of atrazine.

I’d have more respect for the “pro-life” movement if they supported restrictions on chemicals that threaten babies in the womb. I don’t think I have ever heard an anti-abortion activist railing against atrazine or pesticides that can cause spontaneous abortions, though.

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One step forward, two steps back on Iowa water quality?

I seem to have jinxed things by praising Democratic state legislators who allowed the Iowa Department of Natural Resources’ new clean water rules to go forward this week.

I learned yesterday from Iowa CCI, 1000 Friends of Iowa and the Iowa Environmental Council that a horrible bill, House File 2324, is being fast-tracked through the Iowa House. This bill was introduced to the House Agriculture Committee on Monday afternoon, and on Tuesday it was unanimously approved by a subcommittee and then the full House Agriculture Committee. An action alert from the Iowa Environmental Council explains the substance:

DNR has proposed rules that would require existing facilities need to have at least 100 days of storage, in order to qualify for an emergency exemption for winter application because of full storage structures.  But HF 2324 exempts confinement feeding operations constructed before July 1, 2009 from this rule.  Specifically the bill states:

“A confinement feeding operation constructed before July 1, 2009, and not expanded after that date is not required to construct or expand a manure storage structure to comply with this section.”  

Lack of adequate manure storage during winter months is a major cause of water pollution in Iowa.  Without adequate storage, farmers apply the manure to frozen or snow-covered farm fields, risking run-off into nearby streams at the first thaw or rain.

From a statement issued by Iowa CCI:

Iowa already suffers from some of the worst water quality in the nation. High levels of ammonia pollution all across Iowa were traced back to manure application on frozen and snow-covered ground. This bill would gut the state law that bans the spreading of manure on frozen and snow-covered ground by exempting more than 5,500 factory farms that were built before July 1, 2009 due to a lack of storage for their manure.

“Poor manure management is not an emergency,” [CCI Executive Director Hugh] Espey said.

The Environmental Protection Agency came down strongly in favor of a ban without exceptions last year.  Passage of this new legislation would be a clear violation of the Clean Water Act and would also undermine the Iowa Department of Natural Resources’ authority to regulate factory farms.

Shame on the members of the House Agriculture Committee for fast-tracking this bill. Yet again, Iowa environmentalists have to fight efforts to circumvent DNR rules aimed at protecting the public interest. We should be making CAFOs pay for the harm they cause, not exempting them from reasonable manure storage requirements. But no, proponents want to rush through a gift for factory farms.

It’s a disgrace that a legislative committee unanimously recommended this bill, especially in a Democratic-controlled legislature. This kind of thing is one reason why I have stopped donating to the House and Senate Democratic leadership committees.

Last year many legislators tried to circumvent the DNR’s rule-making on the application of manure on frozen ground, prompting several Iowa non-profits to spend staff time and energy mobilizing against the bad bill. By a minor miracle, last-minute amendments greatly improved that bill before it passed in the closing days of the 2009 session.

The Iowa Environmental Council makes it easy for you to send an e-mail urging your state legislators to vote down HF 2324. But some lawmakers don’t read all their e-mail, so I recommend calling your representative as well. The House switchboard is 515-281-3221.  

UPDATE: Adam Mason of Iowa CCI informed me that another bad bill, House File 2365, was introduced in the House Agriculture Committee yesterday. It would change the definition of a “residence” in proximity to a CAFO, excluding homes that are “off the grid.” Iowa law restricts how close factory farms can be to residences, but this bill would make it harder for some homeowners to fight a factory farm permit. So far HF 2365 hasn’t received subcommittee or full committee approval, but it bears watching.

SECOND UPDATE: There is also an Iowa Senate version of the bill that would undermine regulations on winter spreading of manure: it’s Senate File 2229. It was referred to a subcommittee on February 9, but no further action has been taken as of February 14.  

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Year in review: Iowa politics in 2009 (part 1)

I expected 2009 to be a relatively quiet year in Iowa politics, but was I ever wrong.

The governor’s race heated up, state revenues melted down, key bills lived and died during the legislative session, and the Iowa Supreme Court’s unanimous ruling in Varnum v Brien became one of this state’s major events of the decade.

After the jump I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from January through June 2009. Any comments about the year that passed are welcome in this thread.

Although I wrote a lot of posts last year, there were many important stories I didn’t manage to cover. I recommend reading Iowa Independent’s compilation of “Iowa’s most overlooked and under reported stories of 2009,” as well as that blog’s review of “stories that will continue to impact Iowa in 2010.”

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ACTION: Help preserve public input on CAFOs

The state Environmental Protection Commission (EPC) is considering new rules that would limit public input during the permit approval process for confined animal feeding operations (CAFOs) in Iowa. Up to now, members of the public have been able to speak before the EPC concerning proposed new CAFOs. Under the new rules, only representatives of the entity applying for the permit, the county board of supervisors, and the Department of Natural Resources would be able to speak at EPC hearings on CAFO permits. People and entities that might be affected by downstream or downwind pollution from the proposed CAFO would not be allowed to speak at such hearings.

The public can submit comments on the new rule through this Thursday, August 6.

After the jump I’ve posted action alerts sent out by 1000 Friends of Iowa and Iowa Citizens for Community Improvement. They contain some talking points for public comments and contact information for the Iowa Department of Natural Resources. Iowa CCI also mentions two points worth preserving in the new rule, which industrial agriculture interests are apparently trying to have removed.

Comments must be received by Thursday, so if you are using the regular mail, please send your letter as soon as possible. There are also three DNR public hearings this week in Spencer, Des Moines and Ainsworth (details below).

I’ve also posted two pieces containing further background information after the jump. These may help you prepare comments to submit to the DNR. Shearon Elderkin discusses a controversial EPC decision last summer, which prompted the rewriting of the rules on the CAFO permit application process. Elderkin served on the EPC from August 2008 through April 2009. She had to step down when Iowa Senate Republicans blocked her confirmation for the position.

The final document you can find below is by Cedar Rapids attorney David Elderkin, Shearon’s husband. He covers the legal issues at hand in more detail.

Please take a few minutes to submit a public comment on this issue by Thursday, August 6. Please forward to any friends or relatives in Iowa who might be willing to comment as well.

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Events coming up during the next two weeks

Political activity slows down a bit during the summer, but there are still plenty of things to do if you’re not spending hours a day training for RAGBRAI. Read all about it after the jump. As always, post a comment or send me an e-mail (desmoinesdem AT yahoo.com) if you know of something I’ve left out.

If you live in the first Congressional district, consider attending one of Bruce Braley’s town-hall meetings on health care reform in Dubuque,  Oelwein, Davenport and Waterloo (click “there’s more” for details). According to a statement from his office,

Braley will discuss the draft House health care reform bill, listen to constituents’ concerns, and take questions.  Braley is a member of the House Energy and Commerce Committee, the committee in charge of authoring healthcare reform legislation.

Braley’s town hall meetings on healthcare reform are free and open to the public.

Attendees are strongly encouraged to RSVP at: http://braley.house.gov/townhall.

Speaking of health care reform, Moveon.org is looking for people to help deliver petitions this Thursday, July 9, to the Iowa offices of Senators Tom Harkin and Chuck Grassley. Click here to sign up.

UPDATE: I added information about Governor Chet Culver’s upcoming appearances in eastern Iowa to highlight I-JOBS and Rebuild Iowa projects.

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Happy Windsor Heights zip code day!

July 1, 2009 is a big day: the 4,800 residents of Windsor Heights are no longer divided by three zip codes. It couldn’t have happened without Congressman Leonard Boswell’s legislative efforts last year, and that probably wouldn’t have happened without Ed Fallon’s primary challenge. (Note: WHO’s Dave Price attended last night’s event celebrating our new zip code.)

Don’t feel left out if you’re among the 3 million Iowans who aren’t enjoying the good life in our state’s only inner-ring suburb. You too may be affected by one of the many laws that take effect today.

The Iowa House Democrats posted a partial list of these laws on their site, and Jason Hancock provided additional information at Iowa Independent, such as the margin by which these bills passed during the 2009 session. Many won unanimous approval or overwhelming bipartisan majorities in one or both chambers.

Most of the new laws are steps in the right direction for Iowa: increased foreclosure protections; $30 million in historic tax credits; expanded health care for children, low-income pregnant women and adult children under 25; broader eligibility for wind energy tax credits; more job protection for volunteer emergency providers, electronic logbooks to track pseudoephedrine sales. A few of the highlights on the House Democrats’ list deserve additional comment.

New rules for sex offenders: I’m glad that legislators replaced pointless sex offender residency restrictions that did nothing to protect children from predators, according to prosecutors as well as advocates for exploited children.  Too bad nobody listened to State Representative Ed Fallon, who was the only legislator to vote against the 2002 law and got bashed for that vote during his primary challenge against Boswell (see also here). Speaking of campaigns, Chris Rants was one of only three state representatives to vote against the new sex offender law. Will he make this an issue in the gubernatorial race?

Manure application during winter: On principle I think it’s a bad idea for legislators to interfere with the rulemaking process at the Department of Natural Resources. However, amendments greatly improved this bill from the version that passed the Iowa Senate. In fact, the new law includes tougher restrictions on liquid manure application than the rules that the DNR would have eventually produced. It’s important to note that these restrictions only apply to manure from hogs. Cattle farmers face no new limits on what to do with solid manure during winter.

Consumer fraud protections: Iowans rightly no longer need permission from the Attorney General’s Office to sue some types of businesses for fraud. Unfortunately, this law contains an embarrassingly long list of exemptions.

Nursing home rules: It’s pure chutzpah for House Democrats to write, “Nursing homes will face higher fines for incidents resulting in death or severe injury.” More like, nursing homes will no longer be fined for the violations most likely to result in death or severe injury, but are subject to higher fines for offenses regulators never charge anyone with.

Let’s end this post on a positive note. The septic tank inspection law approved during the 2008 session also takes effect today. Over time these inspections will reduce water pollution produced by unsewered communities in Iowa. Credit goes to the legislators who approved this bill last year and to Governor Chet Culver. He wisely used his line-item veto to block State Senator Joe Seng’s attempt to sneak a one-year delay of the septic tank inspections into an appropriations bill.

This thread is for any thoughts about Iowa’s brand-new laws. Probably none of them will be as controversial as the public smoking ban that took effect on July 1, 2008.

Good news for water quality in Culver's final bill signings

Governor Chet Culver signed more than two dozen bills on May 26, the last day he was able to take action on legislation approved during the 2009 session. Two of the bills made up the last piece of the I-JOBS program, four more are aimed at helping veterans and Iowans on active duty, and the rest cover a wide range of issues.

Some good news for water quality was buried in the long list of bills and veto messages signed on Tuesday. For the details, follow me after the jump.

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Cleaner water: tangible benefit of stimulus and bonding bills

Water quality has long been one of Iowa’s biggest environmental problems. Fortunately, the state plans to spend some $455 million cleaning up Iowa rivers and lakes, according to an excellent piece by Perry Beeman in the May 10 edition of the Des Moines Register:

After decades of struggling to address serious pollution problems, the state now has an unprecedented pool of state and federal money to solve some of its worst water-quality problems, said Charles Corell, the water chief of the Iowa Department of Natural Resources.

One of the biggest impacts: improved sewage treatment and septic systems in the 500 towns and rural subdivisions that don’t have any. […]

Much of the new money for water quality was approved last month by the Iowa Legislature as part of a huge bond package pushed by Gov. Chet Culver. Other money was awarded as part of flood recovery efforts.

Money for lake restorations – including popular spots like Clear Lake in Cerro Gordo County and Carter Lake in Pottawattamie County – will more than quadruple. Many predict the much larger pool will fuel recreation opportunities and improve local economies. […]

“You essentially have untreated or under-treated sewage getting into waterways,” said Corell, who visited Truesdale and Greenville on Thursday to discuss proposed sewer projects. “And it’s all the time, not just when it rains.”

After the jump I have posted details Beeman compiled about the new money that will be used to improve water quality in Iowa. A large sum came from the federal economic stimulus bill, which didn’t get a single Republican vote in the House of Representatives. Another major source is the I-JOBS bonding initiative, which passed the Iowa House and Senate last month with no Republican votes.

Republicans keep bashing the federal stimulus spending and the state-level borrowing, as if no Iowans will benefit from these policies (aside from the few thousand people who will work on the projects). One typical example was the e-mail blast Iowa Senate Republican leader Paul McKinley sent out last week. You won’t find it on the comically awful Iowa Senate Republicans website, which appears not to have been updated since April 16. However, I receive “McKinley’s Memos” via e-mail, and I’ve posted the May 15 edition after the jump to give you a flavor of current Republican ideology.

I addressed most of the points McKinley raises in this post. The Party of No’s indiscriminate stance against borrowing fails to recognize that when interest rates are relatively low, bonding to pay for worthwhile projects is a wise investment. It may be hard to assign a dollar value to reducing water pollution in Iowa, but that doesn’t mean it’s not important for human health, biodiversity and local economies.

Hundreds of thousands of Iowans will benefit from the clean water projects discussed in Beeman’s article. If Republicans had their way, the sewer improvements and lake cleanups wouldn’t happen for years, if ever.

Please share your own thoughts about penny-wise and pound-foolish conservative dogma in this thread.

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