Small livestock producers with diffuse water pollutants: adopting a disincentive for unacceptable manure application practices

The problem of water pollution from small livestock producers (non-concentrated animal feeding operations) could be addressed through water quality regulations that apply to additional livestock producers. However, in adopting modified federal water quality regulations, the costs of mandatory controls led to the decision to exempt small producers. Thus, alternative non-water-quality state regulations may offer the best mechanism to address the problem of diffuse pollution from manure applications by small livestock producers. This paper proposes a disincentive to discourage farmers from engaging in practices that cause diffuse pollution. Farmers who fail to employ acceptable manure application measures would be disqualified from using the anti-nuisance defense of a state “right-to-farm” law. Before animal producers qualify for anti-nuisance protection for activities involving the application of manure, they would be required to be engaged in reasonable and prudent best management practices. Since many small producers live in urban fringe areas where nuisance lawsuits are a concern, this disincentive would be expected to lead to better manure application practices. In this manner, a government could reduce pollutants from manure applications thereby improving water quality.

Further efforts are needed to eliminate diffuse water pollution coming from manure applications by small livestock producers. Rather than enacting more mandatory water quality controls, a disincentive for inappropriate manure application practices could be incorporated into the state’s right-to-farm or water-quality law. Before livestock producers qualify for antinuisance protection for activities involving the application of manure, they would be required to be engaged in generally accepted manure application practices. While this would not involve mandatory action or any requirement of a governmental permit, it could encourage small livestock producers to voluntarily adopt manure application practices that would minimize water contamination. In this manner, a state could reduce water pollutants from small livestock producers thereby improving the nation’s water quality.