Introduction
As the face of agriculture undergoes major changes, from
being dominated by small family farms to being dominated
by Concentrated Animal Feeding Operations (CAFOs), states
have adopted rules to deal with the number of environmental
problems associated with these changes. One of the biggest
concerns is the large quantities of manure being stored
in pits or spread as fertilizer on crop fields. Increasingly,
states have needed to deal with the water contamination
associated with manure runoff into surrounding streams or
the leeching of nutrients into groundwater. This nutrient
overload causes significant environmental problems, and
has been linked to some health problems in children. Nitrogen
and phosphorous, two major nutrients contained in manure,
have caused excessive algae growth and nutrient overload
in a number of bodies of water. One example of this is the
Chesapeake Bay, which, according to 2003 reports, has seen
the largest dead zone (areas where anoxic conditions produce
a large die off of organisms) ever due to excessive amounts
of nutrients that washed into the bay. The Gulf of Mexico
sees a yearly dead zone which is attributed to large amounts
of nitrogen and phosphorous being washed into the Mississippi
watershed from the agricultural lands in the Midwest United
States.
Nutrient management plans (NMPs) are effective tools to
prevent water pollution and protect general human welfare.
Federal regulations require a NMP for the largest farms,
and states have stepped in to utilize this tool to protect
their water supplies. Below is a list of current and proposed
legislation. (Note: In some states,
nutrient management legislation contains provisions requiring
the regulatory agency to return all copies of the plans
to the owners/operators of farms. For an example, see Idaho
HB 682. This practice would undermine effective enforcement
of the plans and prevent the public from viewing the plans.
The State Environmental Resource Center does not support
the inclusion of these provisions.)
Enacted Legislation
Delaware Code, Title 3, Chapter
22: Nutrient
Management
New Hampshire
Passed July 1, 2003, HB
598 provides appropriations for the agricultural nutrient
management program.
Maine Revised Statutes, Title
7, Part 10, Chapter 747: Nutrient
Management Act
Maryland Code, Agriculture:
Title 8, Subtitle 8: Nutrient
Management
2003-2004 Proposed Legislation
Bills were introduced in 16 states this session; below
is a sample of the bills:
Arkansas
HB 1654 - Requires a nutrient management plan for chicken
farmers.
Florida
SB
2358 - Requires agricultural operations to complete
and file a comprehensive nutrient management plan.
Status: Died on Calendar, 5/2/03
New York
A
5929 - Establishes the livestock nutrient management
program; requires agricultural operations with more than
1000 animal units to develop nutrient management plans for
the spreading of animal waste and fertilizer; requires a
permit to authorize an owner to apply manure on agricultural
fields as fertilizer, subject to a nutrient management plan;
and, provides for possible application to livestock operations
with less than 1000 animal units.
Status: Referred to environmental conservation, 1/7/04
A
7074 / S 3598 - Discusses the requirements for certified
nutrient management specialists.
Status: Referred to governmental operations, 1/7/04
Pennsylvania
HB
385 - Provides for the management of nutrients on certain
agricultural operations to abate nonpoint source pollution,
for the certification of nutrient management specialists,
and for the assessment of other nonpoint sources of nutrient
pollution to the state’s waters; establishes the Nutrient
Management Advisory Board and provides for its powers and
duties; establishes the Nutrient Management Fund; and, provides
for a manure transportation pilot project.
Status: Re-referred to Agriculture and Rural Affairs, 4/15/03. |
