Oklahoma farms are not hazardous waste dump sites subject to Superfund regulations simply because farmers spread animal manure on their land, said Oklahoma Farm Bureau President Steve Kouplen in testimony before Congress Nov. 16.
“Farm Bureau firmly believes Congress never intended animal manure to be considered a hazardous waste and regulated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA Superfund),” Kouplen said. “Congress needs to reaffirm this now to protect us from unnecessary and burdensome litigation.”
The Farm Bureau leader knows something about litigation. The industry he represents is under fire from Oklahoma’s attorney general who filed a lawsuit against poultry processors, asserting claims under CERCLA and the federal Solid Waste Disposal Act, alleging poultry litter is damaging the state’s natural resources. That lawsuit attempts to classify poultry litter as hazardous waste.
The Beggs rancher testified before the U.S. House Committee on Energy and Commerce subcommittee as a member of the American Farm Bureau Federation board of directors.
This has become a national issue as a similar case involving a Waco, TX dairy illustrates, and Kouplen is perplexed by the notion of reversing a centuries-old agrarian practice that sound science has proven to be a safe, effective fertilizer.
“If animal manure, a natural, organic substance, is now classified a hazardous waste, what are farmers supposed to do with the product?” Kouplen asked committee members. “If phosphates in manure are a concern, will applying phosphate-based fertilizers be allowed for lawn care?”
Kouplen said farmers are not asking to be excused from meeting their environmental responsibilities.
“We simply want Congress to clarify what we believe is clear – animal manure is not considered a hazardous waste under federal law,” Kouplen said.
