Above the Law: Fighting Water Policy Enforcement
We have seen how the Illinois Farm Bureau fights accountability for the agriculture industry's water pollution. But the Farm Bureau also opposes enforcement of existing laws and policies for clean water.
The Illinois Farm Bureau's non-enforcement message contradicts its own policy resolution, which states, "We deplore irresponsible acts of defiance and lack of respect for laws enacted by our elected governmental representatives at all levels."
Some facts:
• The Illinois Farm Bureau wants the agriculture industry exempted
from cleaning up our rivers. The federal Clean Water Act requires
the establishment of Total Maximum Daily Loads (TMDLs), which
are planning tools for restoring polluted rivers. Essentially,
a TMDL is a study that identifies and quantifies all sources of
water pollution in a watershed and establishes future water quality
goals. Yet the Farm Bureau's 1999 policy resolution includes this
statement: "We oppose using regulations to address agricultural,
non-point source issues related to Total Maximum Daily Loads (TMDLs)
of pollutants in streams."
• Illinois Farm Bureau does not want the agriculture industry to have accountability for meeting water quality standards required under state and federal law. If agriculture does not play a significant role, industries and municipalities alone must carry the burden for reducing water pollution.
• Ignorance of the law is no excuse in our courts. The Farm Bureau's recent policy resolutions state, "The IEPA should be required to prove intent to violate as part of prosecution." This language is an attempt to circumvent prosecution of agricultural polluters.
• Illinois Farm Bureau pledged legal support and assistance to the repeat polluter that operates the Alan Durkee Swine Farm near Stronghurst, in Henderson County (IAA March Board Meeting Executive Summary, March 18-20, 1998). This polluter faced eight counts of air and eight counts of water violations for his consistent mismanagement of hog manure.
• Most industries make arrangements for secondary containment of pollutants, to minimize the risk of accidental spills. The Farm Bureau, on the other hand, proposes that "direct discharges [to water] due to natural causes should be exempt from civil and punitive penalties and damages." In other words, if a livestock producer builds a manure lagoon that will blow out in a rain, he will not be liable for any damages.
• While the nation as a whole begins to realize the importance of wetlands, the Illinois Farm Bureau has fought to weaken policies aimed at protecting these valuable ecosystems. Farm Bureau supports:
• Exemptions. Under Section 404 of the Clean Water Act and Swampbuster of prior converted cropland and any land that has been cropped in at least six of the last ten years (1999 IFB Policy Materials, section 43).
• A weaker definition of wetlands, requiring "the presence of hydric soils, hydrophytic vegetation, and standing water." This despite the fact that Illinois has already lost more than 90 percent of its original wetlands (section 43).
• Paying landowners to obey laws. The Farm Bureau calls for "compensation to property owners when their ability to make management decisions is restricted by laws or regulation aimed at protecting wetlands." In other words, governments would be required to pay landowners to obey the law (section 43).
Summary
Our environmental laws and policies were created to protect people
from pollution and safeguard our natural resources for future
generations. They were intended to make clean water a right, rather
than a privilege.
Through laws and policies designed at the local, state, and federal level, we have created a system that recognizes the importance of conservation. It is a system in which polluters are held accountable for their actions. Only through the fair enforcement of these laws and policies can all Illinoisians enjoy the benefits of clean water and healthy rivers.
But the Illinois Farm Bureau has consistently taken positions which are at odds with the goals of these policies. It has repeatedly tried to weaken many of the policies that protect our rivers, keep our drinking water clean, and protect the public's interests. In some cases it has successfully exempted the agriculture industry from responsibilities that individuals, municipalities, and other industries must regularly uphold.
Although there are laws in existence now that would begin to address issues of accountability, the Illinois Farm Bureau actively resists their implementation and further contributes to the slow degradation of Illinois' streams. As long as the agricultural industry can pollute with little risk of being held responsible, water quality degradation at the hand of the agricultural industry will continue.
How to contact Prairie Rivers Network:
Phone: 217-344-2371
Fax: 217-344-2381
Web: http://prairierivers.org
E-mail: info@prairierivers.org
Mail: 809 South Fifth Street, Champaign, IL 61820