Gov. Heineman Signs LB 975, Celebrates Streamlined NDEQ Regulations
Gov. Dave Heineman was joined by cattle industry representatives and conservationists for a bill signing ceremony today. LB 975 amends the Livestock Waste Management Act, adding flexibility to Nebraska's environmental regulatory process.
"I want to applaud the Department of Environmental Quality and the Department of Agriculture for working closely with producers to achieve a common-sense approach to regulation that respects both the needs of our ranchers and helps to protect the environment," Gov. Heineman said. "This bill will help the state move towards a more sensible regulatory process and will strengthen Nebraska's cattle feeding operations."
A 2005 2nd U.S. Circuit Court of Appeals decision vacated elements of federal environmental regulations dealing with cattle feeding operations. LB 975 will help ensure producers meet new Environmental Protection Agency standards, following the action of the court. Joining the Governor for the signing was Sen. Ed Schrock of Elm Creek, chairman of the Legislature's Natural Resources Committee, which prioritized the bill.
Sen. Schrock said, "Unfortunately, we sometimes get mixed messages from the federal government, but in spite of the confusion we've made some progress on livestock waste. LB 975 is a livestock-friendly bill that will make sure Nebraska's cattle ranchers will be able to follow the laws we have in place without losing their ability to compete."
LB 975 changes the way in which the Nebraska Department of Environmental Quality (DEQ) will regulate livestock waste by eliminating some of the permitting requirements for feeding operations that do not discharge into nearby bodies of water. It also creates a new construction and operating permit program for cattle operations that fall outside the scope of federal rules and are not explicitly exempted by the Nebraska Livestock Waste Management Act. The new law also specifies that there will be no expansion of facilities within one mile of Class A streams, except for university facilities that pose no threat to area streams.
The bill will also require DEQ to send a copy of construction and operating permit applications to local Natural Resource Districts (NRDs) and county boards within five days of receipt, and extends the time NRDs and county boards have to respond to 30 days.
LB 975 also requires counties and planning commissions to grant conditional use permits or exceptions to existing feeding operations seeking to construct or modify existing waste-management facilities to comply with state and federal regulations.
DEQ Director Mike Lindner said, "The development of LB 975 required extraordinary levels of collaboration. As a result of the commitment and involvement of all those involved in the development of this bill, we now have legislation that provides an improved approach to the regulation of Nebraska's livestock operations. This legislation addresses changes in federal requirements and protects the environment, but it does so in a reasonable manner for producers needing to comply with regulations."
Jay Wolf, president-elect of the Nebraska Cattlemen said, "No one wants a system that forces small and medium operations out of business and leaves us with only the largest cattle feeding operations. LB 975 is a step toward a risk-based system in which some operations would qualify for less expensive control systems that are equally capable of protecting Nebraska's valuable natural resources."
Keith Olsen, President of the Nebraska Farm Bureau, said, "This is good for our producers. It gives them some certainty of what they need to do in order to make sure their facilities are in compliance with the regulations, and eliminates some of the confusion they have had to deal with for some time."
LB 975 contained an emergency clause, making it effective on Friday, March 17.
http://gov.nol.org/news/2006_03/22_ndeq.html