DECORAH -- Two couples trying to block a proposed hog confinement project have few options, according to the Iowa Department of Natural Resources and Winneshiek County's sanitarian.
John and Nancy Bakula and Martin and Margaret Gossling of rural Fort Atkinson heard the same message during a sometimes heated discussion with county supervisors.
"At what point is anybody going to stop this? Somebody has to be in the chain of command," John Bakula said.
The couples live in Jackson Township and are trying to raise concerns about the livestock operation by Reicks View Farms on property owned by Dave Rausch. The site is next to the Bakulas' and Gosslings' property off Iowa Highway 24, about three miles east of Turkey Valley High School.
The couples claim gases pumped out of the facility and the application of manure on surrounding acres will jeopardize their health and quality of life, pollute the Turkey River watershed and reduce the value of their properties.
Attempts to call Dale Reicks of New Hampton, founder of Reicks View Farms, were not successful.
Because a facility for less than 2,500 hogs is planned, Reicks View Farms does not need a construction permit and is not subject to the state's master matrix scoring system.
Supervisors Chairman Dean Darling said counties have no control over livestock confinements.
"The state of Iowa, the House of Representatives and the Senate have made laws specifically keeping control at the state level. That's the cold, hard fact," he said.
Bob Watson of Decorah, an environmental activist, tried to argue during the meeting that existing federal and state laws could be used to protect the public from poisonous gases being discharged.
According to Watson, under Environmental Protection Agency regulations, Winneshiek County could require monitoring equipment at confinement sites. The operator would need to contact the EPA each day the facility discharges more than 100 pounds of ammonia or 100 pounds of hydrogen sulfide into the atmosphere, he said.
Another section of the law prohibits the pollution of a watershed. Counties also could act on federal regulations for air quality in confined spaces, Watson said.
"You don't need to adopt any ordinance. … You can enforce any state or federal laws on the books," he said.
Given the number of similar controversies over similar projects in recent years, Darling asked how many counties invoked those regulations.
Watson said none because attorneys didn't know about the laws.
"Nobody else in the 99 counties has done this over the last 10 years. It gives me pause," Darling said.
"We've done our duty making our views known to the legislators, who are the only ones who can remedy this situation you hate," Darling said.
He told the couples that they could take the issue to court.
"Why should we hire an attorney, when we should be protected? Not only us -- Â anybody," Nancy Bakula said.
"All we've heard is our hands are tied. Nobody can help us. Somebody has to step up first," she added.
Contact Sarah Strandberg at newsroom@wcfcourier.com.
Posted in Regional on Friday, October 3, 2008 12:00 am
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