CALL TO ACTION, Missouri iboaters

[danpemby]

Senate Bill 364

SB 364. Prohibits counties from enacting public health ordinances addressing farming activities and exempts farms and farming activities from suits of trespass in certain circumstancesSponsor:. Koster. LR Number:. 1276S.06C. Fiscal Note:. 1276-06. Committee:. Agriculture, Conservation, Parks & Natural Resources. ...
http://www.senate.mo.gov/07info/bills/sb364.htm


SB364...basically strips all cities, counties and watershed/drainage districts of ANY authority to enforce conservation/pollution regs stricter than the state regs, which are more full of holes than swiss cheese, and prohibits ALL lawsuits against farms for ecological violations/damages...It is RACING through the state Senate. Big Agriculture is really pushing this! Reasons are pretty obvious.

Please write your senator. Below is what I sent to mine.

Dear Senator,

I have just read SB364 and I would like you to know I am strongly opposed to this bill. I would like you to please vote against SB364.

I would like you to understand I am opposed to any bill that would strip cities, counties and watershed/drainage districts of ANY authority to enforce conservation / pollution regulations. Our water resources are far too fragile as they are. If anything, stricter policies should be in effect to protect the resources that we share with agriculture.

The damage caused by mining will probably never be fixed in our lifetime and I would like my grandchildren to be able to enjoy what you and I know are some of the most beautiful waterways in this country

Thank you for your attention

Here is a list of MO state senators
http://www.senate.mo.gov/07info/senalpha.htm

While this bill is a Missouri sponsered bill anyone down stream should be concerned as well.

 

[Bondo]

Re: CALL TO ACTION, Missouri iboaters

I'm afraid you're pulling a Bandwagon that I won't get behind,........

If your State Laws aren't Stiff enough,..... Strenghten them There,......
Not with local Town or County Laws.......

 

[treedancer]

Re: CALL TO ACTION, Missouri iboaters

Hey Dan get on the phone to Engler he is going to call me back this morning , the more phone calls to him concerning this matter will hopefully put some pressure in him .

 

[treedancer]

Re: CALL TO ACTION, Missouri iboaters

Dan just got off the phone with Engler, sounds like he is on the fence with this one, give him a call.

 

[treedancer]

Re: CALL TO ACTION, Missouri iboaters

Here is the Bill ,i have highlighted the part that concerns me.

SCS/SB 364 - This act prohibits any county public health order, ordinance, rule, or regulation from applying to agricultural operations.

Under current law, farms and farming-related activities are protected against nuisance suits resulting from changed conditions in land around the farm, provided the farm or activity has been in existence at least one year and has not previously been found a nuisance. This act adds protection from suits of trespass for farms and farming activities under the same conditions. Additionally, current law allows farms and farming-related activities to reasonably expand and still retain their protected status against nuisance suits, provided the farm or farming activity meets certain criteria as specified. This act allows farms and farming-related activities to also reasonably diversify or modernize under similar criteria and remain protected against suits of nuisance and trespass.

The act protects farms and farming-related activities from suits of nuisance or trespass for any condition resulting from, but not limited to, the acts of planting, cultivating, harvesting, mowing, applying pesticides or herbicides, land clearing, livestock management, or construction of farm roads, lakes, and ponds.

Farms or farming-related activities are not protected from suits of nuisance or trespass resulting from negligent conduct.

The act removes a provision stating that state regulation of certain concentrated animal feeding operations shall not be construed as restricting local control over concentrated animal feeding operations.

 

[danpemby]

Re: CALL TO ACTION, Missouri iboaters

Bond-O as with most state governments, there is only so much that can be done with the resources they are allocated. That is why the responsibility is shifted to the locals to monitor / enforce.

Not the best plan but usually effective.

Treedancer
I am calling him now.

 

[danpemby]

Re: CALL TO ACTION, Missouri iboaters

In committee, waiting for a call back. Treedancer When you say he was on the fence, how did your conversation go.

 

[treedancer]

Re: CALL TO ACTION, Missouri iboaters

Kinda sounded he was taking the stand that the Fed. Regs., would protect us, but then he then started to talk about the farmers that had been farming the areas for years. In my opinion typical Political non-speak/commitment. We in the show -me all know how the Federal regulation have helped us with the Chicken farmers in the southwest part of the state. So now I guess we will have Hog farms on the banks of some of our other lakes.:devil:

 

[danpemby]

Re: CALL TO ACTION, Missouri iboaters

Typical, Engler is from Farmington and yes they have been farming this area for years. The fact is without some control Big Ag will run unabated and do more damage than mining has already done to our waterways.

 

[treedancer]

Re: CALL TO ACTION, Missouri iboaters

I just posted it to a forum that is state wide, it will get plenty of heat believe me ,thanks for the heads up Dan ,I will get it plenty of press where it will help.Including the Lake of the Ozarks.

 

[danpemby]

Re: CALL TO ACTION, Missouri iboaters

His aide called me back. Said that he is OPEN on the issue at this time. While he brings up some good points Pro Farming, he "understands" my concerns of water quaility. He said he does not see it getting passed as it sits today. We shall see.:$

 

[treedancer]

Re: CALL TO ACTION, Missouri iboaters

Good deal, will keep an eye on it, have to keep pressure in other areas as well. I have some newspaper connections; around the Lake will see what I can stir up in that area.

 

[danpemby]

Re: CALL TO ACTION, Missouri iboaters

Treedancer, I sent you a PM. Would like to know the forum you were talking about.

 

[treedancer]

Re: CALL TO ACTION, Missouri iboaters

You have a PM Dan.

PS don't tell Engler that you are on that sight.8)

 

[roscoe]

Re: CALL TO ACTION, Missouri iboaters

OK, maybe I missed something.
Not to start a fight, but can one of you show me where this would let farms run amuck and pollute the waterways?

From what I have read, the bill would restrict nuisance law suits and guarantee access to land.

I see nothing about water quality regulations, water run off, or circumventing the existing Fed, State, or EPA water pollution laws.

What am I missing?

 

[danpemby]

Re: CALL TO ACTION, Missouri iboaters

Roscoe
The summary starts out as " SCS/SB 364 - This act prohibits any county public health order, ordinance, rule, or regulation from applying to agricultural operations."

We already have certain rules, regulations and ordinances banning livestock from wandering unabated in our local waterways. Each county is different and enforcement is really left up to them. There are federal regulations in place as well, but there are little to no resources to enforce them.

Some may ask "what’s the big deal if a cow is in the stream" well my take is this, one cow can not a stream break but a thousand cows defecating treated hay and feed, passes those treatments into the streams. Ecoli and other microorganisms are passed into the streams and rivers. Wanna go swimming or eat a fish now? Imagine floating on a stream as beautiful as you can imagine, catching one small mouth after another. Then the stench of a hog farm hits you in the face.

That is really just part of the problem, livestock cause bank erosion and other negatively impacting conditions. The Ozarks streams are mostly spring feed, the run shallow most of the year and the holes that hold small mouth have been reduced greatly in previous years, not only but farming but also recreational use i.e. mudding truck and ATV’s. The laws now state you cannot drive a wheeled vehicle in the streams. Those laws would be unenforceable to farmers. If he decides to take a plow and divert water to sustain his investment, he could and would not be held accountable.

My rant may not make sense to many of you, but I have seen what can happen. We live in the “Lead District” the largest lead deposits in the world were found here. After years and years of mining with no formal control, they left many of the streams here devastated. There are many that I fish that I would not even think of eating anything that came out of the river. When the companies were sued to clean up the mess, they bellied up and we were left holding the bag.

I am by no means against farming. The checks that are in place today are working, and now they (Big Ag) want those checks removed. Anyone else wonder why that is?

I hope this answered your question.

 

[treedancer]

Re: CALL TO ACTION, Missouri iboaters

Quote roscoe

OK, maybe I missed something.
Not to start a fight, but can one of you show me where this would let farms run amuck and pollute the waterways?


Roscoe we have had this problem in the state of people that want to put and pollute our streams by putting pig farms /chicken farms right next to the most pristine streams in the country.

Here is an example of what can happen, Table Rock lake used to be one of the most clear lakes in the nation , now it is getting close to being polluted thanks to Tyson chicken facilities and the Growth of Branson .
I realize there is a compromise, but with out pressure there would be pig farms with no restrictions on them going up in the fastest growing areas in the state. I'm sure you will come back with the right,s of the locals, and all, but really you have to be here to know what im talking about. It would like me trying to comment on something that is going on in Wisconsin. Im giving a few links go over them and then comment.

I don’t want to screw up the fishing .

http://www.edie.net/news/news_story.asp?id=4939







http://www.dnr.mo.gov/env/wpp/tmdl/info/7313-table-rock-lk-info.pdf

 

[roscoe]

Re: CALL TO ACTION, Missouri iboaters

Got it.
I didn't know that your state regs were so poor.
Our state regs are very strict, and enforced.

We have been dealing with this issue for decade in Wisconsin.
Water enforcement is very high profile here.
I have relatives in dairy farming, and they can't get away anything here.

Sounds like the state is failing in their stewardship duties.


But the " stench of a hog farm" is a different issue.
This is what the nuisance lawsuit part is all about.
We have dealt with that here also.
It prevents a person from building a new house next to a hog farm, and then suing the farmer for the odors.

The farm was there first, so were the odors.
Shouldn't have built the house if you couldn't stand the smell.

This is one of the tactics that huge land developers try to use, to shut down existing farms, so they can make millions on their subdivisions.

Carry on.

 

[Pony]

Re: CALL TO ACTION, Missouri iboaters

Hey Roscoe where do your relatives farm? My family farm has been up in Whittenburg since 1912.

 

[danpemby]

Re: CALL TO ACTION, Missouri iboaters

But the " stench of a hog farm" is a different issue.
This is what the nuisance lawsuit part is all about.
We have dealt with that here also.
It prevents a person from building a new house next to a hog farm, and then suing the farmer for the odors.

The farm was there first, so were the odors.
Shouldn't have built the house if you couldn't stand the smell.

This is one of the tactics that huge land developers try to use, to shut down existing farms, so they can make millions on their subdivisions.

Carry on.

I agree with that 100 percent. I am not saying anything bad about hog farms or farms in general as they are today. Our state government really is poor about regulating water resources. I moved here from South Florida where water mangement got top billing and they did a fantastic job IMHO.

The small farmers are for the most part Conscience about their impact on the surrounding areas. It is really big ag that is the driving force here and they scare me.

The links that Don provided are prime examples of what can happen. If this does get by, be thankful you are upstream :devil: