Help Us Protect the Buffalo River
I am writing to voice my concerns over draft legislation that appears to be special legislation designed to override the Arkansas Department of Environmental Quality’s denial of a permit for C&H Hog Farm. I am concerned that if this legislation moves forward it would put Arkansas’s water resources at risk, set an unfair precedent and is unconstitutional.
The draft legislation would weaken water quality protections now and in the future. It creates a loophole in the permitting program by allowing a facility to obtain a permit under a general permit that must be renewed every five years to an individual permit that is permanent but has a more rigorous application process. This could place Arkansas’s waters at greater risk of impact from pollution.
Making this bill retroactive could disrupt the appeals process that is underway with the Pollution Control and Ecology Commission on the C&H Hog Farm and create confusion and uncertainty in permitting programs. It is unfair for farmers who have met all the requirements to obtain a permit under Regulation 5 and sets a precedent that rules and regulations can be changed by the legislature for one facility.
The draft is broadly written but appears to be special legislation intended to cover C&H Hog Farm. Special legislation is illegal under the Arkansas Constitution C&H is the only facility to ever seek a permit and to operate under Pollution Control and Ecology Commission Reg. 6. By applying under Reg. 6 C&H was not required to conduct a thorough public notice or meet the siting requirements necessary to receive a Reg. 5 permit. A Reg. 6 permit is subject to renewal every five years and prior to C&H’s Reg. 6 permit expiring they voluntarily sought coverage under Reg. 5. ADEQ did not renew the Reg. 6 General Permit and C&H was denied a Reg. 5 permit because the application did not include the required information of a site investigation and other studies required for a CAFO in a karst environment. An appeals process is currently underway with the Arkansas Pollution Control and Ecology Commission. The Commission is appointed by the Governor to make decisions on issues such as C&H’s appeal of the permit denial. The Commission has the background and expertise to provide a fair process for all stakeholders in the permit appeals process. This legislation establishes a precedent for the legislature to be the permitting authority, a role that improperly shifts the separation of powers and sets the state up for uncertainty and unfairness in our permitting programs.
I support responsible agriculture and the vital role it plays in our lives and economy. The appeals process underway for C&H Hog Farm’s permit denial provides an appropriate pathway to find a solution to this issue. Legislation that weakens water quality protections, sets an unfair precedent and is unconstitutional is never a good solution. I respectfully ask you not to support such legislation.
Help Us Protect the Buffalo River
I am writing to voice my concerns over draft legislation that appears to be special legislation designed to override the Arkansas Department of Environmental Quality’s denial of a permit for C&H Hog Farm. I am concerned that if this legislation moves forward it would put Arkansas’s water resources at risk, set an unfair precedent and is unconstitutional.
The draft legislation would weaken water quality protections now and in the future. It creates a loophole in the permitting program by allowing a facility to obtain a permit under a general permit that must be renewed every five years to an individual permit that is permanent but has a more rigorous application process. This could place Arkansas’s waters at greater risk of impact from pollution.
Making this bill retroactive could disrupt the appeals process that is underway with the Pollution Control and Ecology Commission on the C&H Hog Farm and create confusion and uncertainty in permitting programs. It is unfair for farmers who have met all the requirements to obtain a permit under Regulation 5 and sets a precedent that rules and regulations can be changed by the legislature for one facility.
The draft is broadly written but appears to be special legislation intended to cover C&H Hog Farm. Special legislation is illegal under the Arkansas Constitution C&H is the only facility to ever seek a permit and to operate under Pollution Control and Ecology Commission Reg. 6. By applying under Reg. 6 C&H was not required to conduct a thorough public notice or meet the siting requirements necessary to receive a Reg. 5 permit. A Reg. 6 permit is subject to renewal every five years and prior to C&H’s Reg. 6 permit expiring they voluntarily sought coverage under Reg. 5. ADEQ did not renew the Reg. 6 General Permit and C&H was denied a Reg. 5 permit because the application did not include the required information of a site investigation and other studies required for a CAFO in a karst environment. An appeals process is currently underway with the Arkansas Pollution Control and Ecology Commission. The Commission is appointed by the Governor to make decisions on issues such as C&H’s appeal of the permit denial. The Commission has the background and expertise to provide a fair process for all stakeholders in the permit appeals process. This legislation establishes a precedent for the legislature to be the permitting authority, a role that improperly shifts the separation of powers and sets the state up for uncertainty and unfairness in our permitting programs.
I support responsible agriculture and the vital role it plays in our lives and economy. The appeals process underway for C&H Hog Farm’s permit denial provides an appropriate pathway to find a solution to this issue. Legislation that weakens water quality protections, sets an unfair precedent and is unconstitutional is never a good solution. I respectfully ask you not to support such legislation.