By BECKY KISER
Hays Post
RUSH COUNTY — It looked like an informal gathering of friends sitting under the shade trees to while away a perfect summer afternoon Friday in Loretta.
But the 20 or so people were there to voice their concerns about a proposed expansion of a hog farm 2 miles southwest of Pfeifer in northern Rush County and just south of the Ellis County line.
The residents of Rush and Ellis Counties had asked State Rep. Troy Waymaster, R-Bunker Hill, to hear the concerns of locals about the expansion by Bison Rush Genetics, LLC, which could increase the permitted number of animals from 3,840 to 24,408.
The group is troubled about environmental damage, property values, health issues, road maintenance and their livelihoods.
“This is gonna ruin people’s lives,” said one young man to Waymaster.
Melanie Urban lives 1.1 miles from the edge of one of the proposed buildings.
“Right now when the wind blows, you can smell it. If it gets that much bigger, you’ll be able to smell it all the time.
“We’re worried our water wells are going to get polluted or even depleted,” she told Waymaster. “We’re also concerned about how much (animal) waste will be generated, how they’ll contain it and how it will spread so it doesn’t pollute our water resources.”
The Smoky Hill River is 1.5 miles away from the site and the source for drinking water, private wells and agricultural wells in the area. The Pfeifer well field on the Smoky Hill River is the primary source of water for the city of Russell.
According to the public hearing testimony, a certified land surveyor has determined dead swine and carcasses are being left in open trenches closer to one habitable structure (a home) than the required distance of 5,000 feet. That would be a violation of KDHE regulations and state law.
“The dead pigs are at the same depth as some of our water wells,” Urban continued. “They’ve been burying them there for 20 years. We’re worried about that getting into our water.”
If a waste lagoon were to break, the slurry would run downhill into the Smoky Hill River, according to Urban.
“To our knowledge, that lagoon has never been pumped out, never been cleaned. They’re not telling us that information. We don’t have access to that information,” she said.
Urban presented Waymaster with a copy of the public comments alleging several state violations during a public hearing July 25 in La Crosse. Several times during Friday’s 90-minute meeting, Waymaster looked up from his cell phone, promising the group he was “taking notes, not playing on my phone.”
“I have four little ones,” said Emily Billinger. She and her husband Jim, who grew up in Pfeifer, are parents to four children under the age of 8. “I want the state to know there are young families here who are worried about their kids not being able to play outside because of polluted air and water.”
Waymaster told the group he had talked with KDHE Secretary Dr. Susan Mosier on Thursday. He read out loud a lengthy email from Mosier detailing the status of the KDHE permit application and what action steps might be next for residents in Rush County.
“This could be brought up to a public vote as to whether or not they would want this type of facility moving into their county. But the unfortunate fact is the people in Rush County would have that voice. But the people in Ellis County will not,” Waymaster pointed out. “That’s why this discussion was a combination of Ellis and Rush County residents so I could hear their concerns and relay those back to Dr. Mosier.”
Under state law, Kansas counties do not have any control in regulating confined swine feeding operations owned by an LLC or corporation. The state does allow county commissions to “request an election to determine whether corporate swine production facilities shall be allowed to be established in _______ county, pursuant to K.S.A. 17-5904.”
“We went door-to-door talking to people about what was going on, showing them the application so they’re aware of this hog facility. We went to the county commission and the zoning committee to make them aware,” Urban said. “So, in November of this year, it’s gonna go to a vote of Rush County residents whether they want a corporate swine production facility in this county.
If the result is a “no” vote, Urban is unsure how it would affect the proposed expansion.
“We’re still worried about it, but it’ll for sure stop others from coming in.”
The Kansas Department of Health and Environment has prepared a proposed Kansas Water Pollution Control Permit for Bison Rush Genetics. The permit is being reissued for a 20-year-old existing confined animal feeding operation, which was sold recently.
According to the permit application, the proposed expansion would be a full production unit with up to 12,822 hogs more than 55 pounds and up to 11,586 hogs less than 55 pounds.
The applicant is listed as Bison Rush Genetics LLC, with a post office box address in Carthage, Ill. That address is associated with Professional Swine Management. The application includes a facility address of rural Bison in Rush County.
“We don’t know who the actual owners are yet,” said Urban, wife of Rush County Commissioner Ken Urban.
Waymaster told the group he is a firm believer in local rights. “Local government should be deciding what’s going on in their particular cities and counties, and obviously, local citizens need to have a voice.
“It does feel like this firm has moved in without the locals being able to express their concerns, but they (Bison Rush Genetics LLC) have done everything within the law and within Kansas state statutes. Nothing has been violated,” Waymaster said. “But I do have a concern about this because it’s going to be affecting the livelihoods of people in Ellis and Rush counties, who’ve been pushed aside and basically had no voice in this type of facility moving into the area.”
The 109th District state representative wouldn’t go so far as to say state statutes need to change but did say “we definitely need to have more regulation on if and when this type of business is moving in … and also in making the counties say whether or not they want this in their county.”
According to Ken Urban, Rush County has had zoning regulations in place since 2003, “but we just found out in the past few weeks we have no control over this. I’m not opposed to corporations but it would have been nice for the applicants to meet with us.” Urban, in his sixth year as a county commissioner, said he’s “disheartened,” adding that several attorneys are involved on behalf of Rush County.
His wife, Melanie, summed it up with “they’re putting it way too close to people and way too close to water resources.” She said dirt work has already been done at the site and four water wells have been drilled in preparation for the expansion.
Click HERE to view the permit application. The Kansas Department of Health and Environment oversees those permit applications.
Attempts to contact Professional Swine Management were unsuccessful Friday.