JEFFERSON CITY, Mo. 鈥� Legislation backed by Missouri agriculture groups could slash the state鈥檚 clean water enforcement, jeopardizing millions of dollars in grants and raising the specter of a federal takeover.
A Missouri House committee Monday night considered legislation that would remove 鈥渘onpoint sources鈥� from the definition of contamination source in the state鈥檚 water laws, which critics say would undermine state environmental regulators鈥� efforts to control farm runoff.
According to the fiscal note prepared for the bill, its passage could mean $4.7 million in lost funding for the , including 17 staff members.
The bill鈥檚 sponsor, Republican of Marshall, and agriculture groups that support his bill argue it offers farmers 鈥渞egulatory certainty鈥� in their operations. They fear as the law is currently written, state environmental regulators could start requiring a permit for anything and everything a farmer does.
The goal is 鈥渕aking sure that no one is going to be out there (wondering), 鈥榃here鈥檚 the next Whack-A-Mole coming from?鈥欌��
Among the bill鈥檚 chief proponents is the Missouri Corn Growers Association. The group told Missouri House members the bill would clarify existing law. Right now, the group鈥檚 director of public policy, Derek Steen, said, the state is obligated 鈥渢o be issuing permits to every farmer in every activity that鈥檚 going on on every farm.鈥�
鈥淲hether you鈥檙e applying fertilizer, whether you鈥檙e putting in conservation practices, whether you鈥檙e running cattle on farm ground, is setting up the potential for a nonpoint source,鈥� Steen said.
Steen said there 鈥渨ould be potentially millions of these sorts of permits out there,鈥� though he acknowledged the state is not requiring such permits.
鈥淣onpoint source鈥� pollution refers to indirect means through which water can become contaminated. Farm fertilizers and animal waste wash off of fields, contributing nitrate and phosphorus pollution to rivers and streams. Sediment can wash from a parking lot into storm sewers and, eventually, rivers.
In the Midwest, nonpoint source pollution is a major source of contamination because of the concentration of farms. Of the rivers listed by the Missouri Department of Natural Resources as 鈥渋mpaired waters,鈥� 87% are there because of nonpoint source pollution.
Nutrient pollution from farms is primarily responsible for a dead zone in the Gulf of Mexico that鈥檚 currently larger than the state of Delaware. In some years, it has been as large as New Jersey.
The pollution flows down the Mississippi River into the gulf, contributing to algae blooms. When the algae dies, oxygen-consuming bacteria consumes the oxygen in the water, creating a dead zone where fish can鈥檛 survive.
It鈥檚 impossible to impose measurable limits on nonpoint source pollution since it鈥檚 not confined. But the Missouri Department of Natural Resources has voluntary incentives and programs meant to help farmers reduce their pollution.
Critics of Gregory鈥檚 bill fear it would jeopardize funding for those efforts, laid out in the estimated $4.7 million cost included in the bill鈥檚 fiscal note.
State , a Lakeshire Democrat who serves on the committee that heard the bill, said the House Conservation and Natural Resources Committee should be focused on taking care of the environment.
鈥淭his appears to be doing the opposite,鈥� Burton said.
Burton also questioned the need for the bill considering that the state is not requiring permits for nonpoint source pollution. He appeared dubious of Steen鈥檚 claim that the Missouri Department of Natural Resources may start requiring the Missouri Department of Transportation to get a nonpoint source pollution permit for trucks that disperse salt during winter storms.
鈥淚 don鈥檛 see them doing that,鈥� Burton said. 鈥淚t seems like you鈥檙e really reaching there.鈥�
John Madras, a volunteer for the Sierra Club and former employee of the Missouri Department of Natural Resources, said nonpoint sources of pollution have been exempt from permitting requirements 鈥渇rom the date those laws were written.鈥�
鈥淚t鈥檚 never been there,鈥� Madras said. 鈥淚t鈥檚 never anticipated to be there.鈥�
State Rep. Doyle Justus, a Troy Republican, asked Madras, if the bill passes, whether it would make it legal for nonpoint sources to pollute Missouris鈥� waters.
Madras said: 鈥淚 think it would be much more difficult to address situations where that occurs.鈥�
This story was originally published in the Missouri Independent, part of the States Newsroom.
