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Sunday, January 29, 2006 6:28 AM CST
Bill targets repeat complaints against factory farms
DES MOINES, Iowa (AP) -- A bill introduced in the Iowa House aims to limit false complaints against factory farms, but opponents say it would curb Iowans' right to protect themselves from pollution caused by large confinements.
The proposed bill, filed by the House Agriculture Committee, would allow people to be labeled "chronic complainants" and face penalties if it is found that the animal feeding operation didn't break the law.
"It's the most unbelievable bill I ever heard in my life," said Gary A. Larsen, 62, a crop farmer from Exira who opposes the measure. "That means we don't have freedom of speech anymore."
The proposal comes as factory farms and environmentalists are pitted against each other over how air and water pollution from large livestock farms can affect the health and quality of life of neighbors.
Lobbying in favor of the bill are big farm interests, including the Iowa Farm Bureau, Iowa Pork Producers Association, Iowa Poultry Association, and some large livestock confinements owners including Select Farms. The Iowa Department of Agriculture also was listed as being in favor of the bill, according to a lobbyist declaration list.
Supporters say investigating the false complaints can be costly to local and state governments, and to producers who have to take time and money to show they're not violating any laws.
Leon Kessel, of Lamoni, said in 1995 someone made a complaint against him before he had the building up for his 90-sow operation. He said a DNR investigator came out, but quickly found the complaint was unfounded.
"It took his time, it took my time ... it made a lot of inconvenience, and it was a form of harassment in my opinion," Kessel said. "When you get a repeater doing it to you, it's nothing but harassment."
Opposing the measure are environmental groups, including the Iowa Environmental Council, Izaak Walton League and the Sierra Club. Also listed in opposition is the Iowa Department of Natural Resources.
Wayne Gieselman, head of the DNR's environmental services division, said the measure could discourage people from reporting real problems.
"Having this bill out there just is going to cause the public to feel they cannot contact the department with what are, many times, legitimate concerns about livestock operations," he said.
Gieselman said there are times when there is no violation of law, but a complaint turns up problems that still need attention.
"There are times we certainly find that they inadvertently left manure laying on top of the ground ... things that they ought to be doing a better job of managing and controlling," he said.
The proposal says that a person will be dubbed a "chronic complainant" if the individual files three or more complaints in a two-year period that officials determine don't eventually turn up a violation.
If the person has another complaint in that two-year period, one which the county board of supervisors or DNR determines is unfounded, that person faces paying the government's cost of the investigation, and damages and costs to the owner of the animal feeding operation.
Rep. Sandy Greiner, R-Keota, a member of the House Agriculture Committee and chairwoman of the Environmental Protection Committee, said she would support the bill. She said she hopes it would keep farming operations from having to defend themselves against bogus complaints.
"It doesn't do anything to anybody who has a legitimate concern," said Greiner, whose family once operated a hog farm. "It's just the frivolous harassment type of cases that it would impact."
Doug Farquhar, a spokesman for the National Conference of State Legislatures, said he was unaware of any states with chronic complainant laws.
However, so-called "right-to-farm" laws intended to discourage neighbors from suing farmers in nuisance cases have popped up in every state, he said. In 1998, the Iowa Supreme Court struck down some of those protections, saying they were unconstitutional and an unwarranted government restriction.
Kevin Vinchattle, executive director of the Iowa Poultry Association, said the DNR should inform citizens about what constitutes a legitimate complaint before the process gets out of hand.
"It would be a great time for the DNR to educate people about what the rules and regulations are," he said.
Larsen is a member of Iowa Citizens for Community Improvement, which opposes the bill. He said it would be impossible for the average person to know every detail of the law.
If neighbors see manure in a stream or can hardly stand to work outdoors because of the stench of a nearby livestock operation, they should be able to call someone about the problem, he said.
"I guess if they call and complain, that's their right," Larsen said.
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