County Livestock Appeals

Summary: The public comment period on a rule that would change the appeal process for livestock confinement farm permits is open until August 6. Currently, counties that have adopted the state’s master matrix may challenge the DNR staff’s decision to approve a construction permit through the Environmental Protection Commission (EPC). DNR staff is required to evaluate permit applications to ensure compliance with air and water quality protection regulations. The EPC has been discussing a rule to broaden its own authority since a settlement that determined there was no legal justification for EPC denying a particular livestock permit.

The proposed rule makes several changes to the appeal process. Most notably, the EPC would be able to call witnesses “to assist in its establishment of a record at the hearing.” These provisions allow the EPC to introduce its own evidence to justify its decision. Any written material accepted by the chairperson will be allowed to be submitted for the record regardless of who submitted the material. The rule allows only the EPC members and its legal counsel to ask questions of anyone attending the appeal hearing; not the parties to the hearing. The EPC also directs the DNR to put its entire permit application file on the DNR’s web site within five days of receiving the notice of appeal. (Summary courtesy of Christina Gruenhagen, Iowa Farm Bureau Federation Government Relations Council.)

Comments are due by August 6th. You may either attend one of the three public hearings, or mail, fax or email written comments (see contact info for Randy Clark below).

Submit Comments to:
Mail: Randy Clark
Iowa DNR
Wallace State Office Bldg
502 E 9th St.
Des Moines, IA 50319
Fax: (515) 281-8895
E-mail: Randy.Clark@dnr.iowa.gov

Public Hearings
Public hearings will be held at the following locations. Each person attending will have the opportunity to publicly state their comments or you can hand in written comments.

Spencer: August 4, 2009 at 1 p.m.
Clay County Administration Building
Board Room
300 W. 4th Street
Spencer, IA

Des Moines: August 5, 2009 at 1 p.m.
Wallace State Office Building
5th Floor East Conference Room
502 E. 9th Street
Des Moines, IA

Ainsworth: August 6, 2009 at 1 p.m.
Washington County Conservation
Education Center-Marr Park
2943 Highway 92
Ainsworth, IA

Please remember to keep your comments specific to this issue. Comments are due by August 6, 2009!

Suggested Comments:
(Comments provided in-part by Christina Gruenhagen, IFBF Government Relations Council)
* The EPC’s role should be to listen to the arguments and evidence presented by the county and the permit applicant—and then make a decision. If the EPC can introduce its own evidence, the EPC prevents itself from being impartial and therefore increases the chance of bias.

* Only the evidence submitted by the county, permit applicant, and DNR staff should be considered in the appeal. If someone didn’t attend the county’s public hearing or the county decided the evidence wasn’t credible, he/she should not get another chance by participating in the EPC appeal.

* The appeal process should be fair to the permit applicant. The applicant has a right to due process in the consideration of their appeal, which would be jeopardized by the proposed procedures.

* Farmers’ permit applications, including personal information, should not be placed on the internet. Farmers and the landowners they contract with are already subject to harassment, vandalism and other criminal activity, which would be made easier by internet publication.

* Question the benefit behind giving the EPC this type of power and influence during hearings.