SENATE BILL REPORT

                   SB 6161

              As Reported By Senate Committee On:

          Agriculture & Environment, January 22, 1998

                Ways & Means, February 3, 1998

 

Title:  An act relating to dairy nutrient management.

 

Brief Description:  Creating a dairy nutrient management program.

 

Sponsors:  Senators Swecker, Newhouse, Rasmussen and Anderson.

 

Brief History:

Committee Activity:  Agriculture & Environment:  1/15/98, 1/22/98 [DPS-WM].

Ways & Means:  1/29/98, 2/3/98 [DPS(AE)].

 

SENATE COMMITTEE ON AGRICULTURE & ENVIRONMENT

 

Majority Report:  That Substitute Senate Bill No. 6161 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

  Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.

 

Staff:  Bob Lee (786-7404)

 

SENATE COMMITTEE ON WAYS & MEANS

 

Majority Report:  That Substitute Senate Bill No. 6161 as recommended by Committee on Agriculture & Environment be substituted therefor, and the substitute bill do pass.

  Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, Rossi, B. Sheldon, Snyder, Spanel, Swecker, Thibaudeau and Winsley.

 

Staff:  Bob Lee (786-7404)

 

Background:  The federal Clean Water Act establishes requirements and a regulatory frame­work for the regulation of discharges to surface waters from dairy farms.  The federal framework differs for three size categories of dairy operations.  The Department of Ecology is authorized to administer the federal Clean Water Act in Washington State.  In addition, state water quality laws not only regulate discharges to surface waters, but also to ground water.

 

The Department of Ecology currently administers a Dairy Waste Management Program established in 1993.  The program requires inspection of dairy farms if there is a third party complaint or if the Department of Ecology believes that a dairy farm is a likely source of water quality degradation.  Under the current program, dairy farms that are found to be discharging are referred to the Conservation Commission and local conservation districts for technical assistance.  The dairy farm is required to develop a dairy waste manage plan within six months and to fully implement the plan in the ensuing 18-month period.

 

In early 1997, the federal Environmental Protection Agency conducted inspections of dairy farms in one river basin due to water quality concerns and noncompliance by some dairy farms with federal water quality laws.  Currently, there is not a periodic inspection of dairy farms so the rate of compliance with state and federal water quality laws is not known.

 

Summary of Substitute Bill:  The current program is modified by adding options for registration by dairy farms, and establishing a prioritized inspection program.  The legislation does not change existing state and federal water quality standards, the availability of technical assistance from conservation districts, authorities to provide a notice of correction for minor violations, nor civil fines for serious or repeat violations.

 

By July 15 of each year, dairy farms are to register with the Department of Ecology.  Farms are to submit information including number of cows and number of acres in the operation.  The farm may choose one of four options to demonstrate how compliance with state and federal water quality laws will be achieved:

 

(1)Hold a National Pollution Discharge Elimination System (NPDES) Permit;

 

(2)Have a fully implemented dairy nutrient management plan that meets technical specifications of the federal Natural Resources Conservation Service (NRCS);

 

  (3)Will fully implement approved best management practices by September 1999; or

 

(4)Will have water quality monitored and have results submitted to the department.

 

If the farm chooses to not register, the farm is placed in the "unregistered status category."

 

Dairy farms are subject to the following inspection policy:

 

(1)The department should inspect dairy farms a minimum of once every 24 months.

 

(2)Dairy farms that fully implement a plan that meets NRCS specifications are to be inspected at a reduced frequency.

 

(3) Dairy farms that are in the unregistered category are to be inspected within the first six months of the closure of the registration period.

 

(4)The following categories of farms are the highest priority for inspection:

 

(a)Unregistered farms;

 

  (b)Farms for which water quality monitoring show a violation of water quality standards;

 

(c)Farms in those watersheds where the department has determined dairy farms are a likely source of water quality degradation; and

 

(d)Farms for which the department receives complaints.

 

A data base is established to monitor the program.  The data base records inspection results of dairy farms and the number of inspections and technical assistance activities conducted each month by each inspector.

 

Nutrient management planning guidelines are to be developed and distributed to conservation districts and interested parties.  An advisory committee is to assist in the development of the guidelines.

 

A Dairy Nutrient Management Program Compliance Review Committee must provide oversight and accountable direction to the program.

 

An Environmental Excellence Awards Program must be developed to provide non-monetary recognition to dairy farms that have demonstrated exceptional natural resource stewardship.  The Dairy Products Commission formulates and administers the awards program. 

 

Substitute Bill Compared to Original Bill:  Dairy farms that register as complying with federal Natural Resources Conservation Services technical standards are required to certify that the farm plan is being fully implemented.  A cap of $10,000 per year is established for the Dairy Products Commission to administer the Environmental Excellence Awards Program.

 

Appropriation:  None.

 

Fiscal Note:  Available.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.

 

Testimony For:  The legislation is needed to better assure compliance with state and federal water quality laws and to provide a safe harbor for dairy farms that are in compliance.  The current process of referring noncomplying dairy farms to conservation districts to develop dairy waste management plans needs to be streamlined.  A data base to track compliance of dairy farms is needed to improve the accountability of the program.

 

Testimony Against:  Adequate funding for conducting inspections is needed, otherwise the legislation will not be effective.  Concerns were expressed about state water quality laws being more stringent than federal laws.

 

Testified:  Jon Rossepepe, Sierra Club; Fred Colvin, Doelman Dairy (pro); Dan Coyne, Darigold Farms (pro); Mike Schwisow, Ore-Wash Dairy Processors Association (pro); Ed Owens, Coalition of Coastal Fisheries (pro); Karen Terwilleger, Assistant Director--Habitat Management, Department of Fish and Wildlife (pro); Karla Kay Fullerton, Washington Cattlemen=s Association; Dick Wallace, Department of Ecology; Larry Cochran, Don Stuart, WACD; Debbie Becker, George DeRuyter, Steve DeRuyter, Ladon Linde, Vic Jensen, WSDF; Dave Boon, Washington State Farm Bureau; Bruce Wishart, People for Puget Sound; Josh Baldi, WEC.