The legislative scoop on poop
Hog poop. There are over 10 million hogs in NC, and almost all of their waste is piped into large open air lagoons and then sprayed onto fields where it runs off into water, sends pathogens into the air, and creates an unbearable stench.
The state put a 3 year moratorium on new or expanded lagoons in 1997, and then extended it several times. It is set to expire this September. In 2006 a study completed by NC State University, as part of an agreement between the state and Smithfield Foods, found that there were a number of innovative technologies that could manage the waste and meet environmental performance standards. Based on the assumptions used in the report, none were deemed economically viable for the industry.
And so we stay stalled. Being stalled isn’t so bad for the industry, which isn’t really looking to expand anyway, but it is bad for the environment and for the people living near hog farms and sprayfields. (To get a sense of just how bad, watch this 15 minute video from the NC Environmental Justice Network).
Quite a number of bills to deal with hog waste have been filed this year – two more were introduced this week – and it seems like a good opportunity to lay them out and take a look at what does what.
One way to continue to not deal with the problem would be to simply extend the moratorium on new hog waste lagoons for another three years, as a bill by Rep. Dewey Hill (Columbus-D) - H275, Extend Moratorium on Swine Farms - would do. This bill has passed the House Agriculture committee, which is chaired by Rep. Hill himself.
On the other end of the spectrum is a bill filed this week by Rep. Earl Jones (Guilford-D), along with Rep. Pricey Harrison (Guilford-D) and Paul Luebke (Durham-D) - H1822, Phase Out Lagoon and Sprayfield Systems. This bill calls for getting rid of all existing lagoons by 2012, requiring farmers to convert to systems that meet environmental performance standards. It is also important to note that there are some NC groups that want to see an end to industrial-scale Confined Animal Feeding Operations (CAFOs) all together, and a reverting to pasture systems to ensure humane treatment of animals, reduce antibiotic use and support small farmers.
Then there are three bills which take a more market-stimulation approach by providing financial incentives to farmers to convert their lagoons to better systems. They all have the same name, but there are some important differences. The most comprehensive of the bills is one filed by Rep. Carolyn Justice (Pender-R), along with 33 co-sponsors - H1115, Swine Farm Environmental Performance Standards/Funds. H1115 does four main things: (1) makes the ban on new lagoons permanent and requires any new or expanded hog waste systems to meet certain cleaner environmental standards; (2) provides grants to farmers who convert their lagoons to a cleaner waste management technology; (3) ensures against abandoned lagoons by setting up a hog credit scheme; and (4) provides for well water testing and emergency drinking water for residents whose wells might be contaminated.
Sen. Charlie Albertson (Duplin-D), with 37 co-sponsors, introduced a slimmer version of Justice’s bill - S1465, Swine Farm Env. Performance Standards/Funds - and Rep. Dewey Hill (Columbus-D) introduced a companion in the House, H1254. The Albertson/Hill bill essentially incorporates the first two parts of Justice’s bill – the permanent moratorium on new lagoons and the grant program for farmers – but does not include the protection against abandoned lagoons or the community drinking water fund, which are critical pieces for environmental justice groups and community groups living near hog farms. This week a version of S1465 passed the Senate, and the funding component was taken out and put into a new bill S173, Swine Farm Env. Performance Standards/Funds.
There are also some ancillary hog bills out there. H1504, Certain Limited Permitting for Swine Farms, introduced this week by Rep. William Wainwright (Craven-D) would require the state to issue a permit for a new lagoon if the farmer was prevented from building their lagoon by a local regulation before the state moratorium took effect. And then there are two bills by Rep. Russell Tucker (Duplin-D) that address waste to energy. H1052, Hog Farms/Methane Gas and H1264, Cost Sharing Tied to Energy At Swine Farms. The first, H1052, would require utilities to purchase hog waste generated from methane gas at hog lagoons. H1264 would provide grants for hog waste technologies that reduce greenhouse gasses (such as methane) or produce energy. While these bills seem good on their surface, neither bill ties the energy production to any environmentally superior technology – in other words they allow polluting lagoons to profit from energy production.
Advocates have been working hard for years on finding an acceptable solution to the state’s hog waste problems. (For more background on the hog issue click here). It seems there might be momentum this year to do something more than extend the moratorium again, yet just what comes out the other end of the legislative process remains to be seen. We will keep you updated on hog waste happenings down at the legislature.



