New law calls for better dairy records

OLYMPIA, Wash. -- Dairies will have to keep records of their manure-management practices for five years instead of three, and can be cited for violating the requirement under newly passed legislation.

"If you aren't keeping your records, it's now a violation," said Nora Mena, manager of the livestock nutrient management program at the state Department of Agriculture.

Gov. Chris Gregoire signed the measure, Senate Bill 5677, earlier this week. The lengthened records-retention requirement takes effect in 2011.

Dairies must keep records on the farm of their nutrient-management practices, such as how they apply manure as fertilizer to crops. The records are exempt from the state Open Records Act, which has been a bone of contention with community environmental activists seeking to scrutinize manure practices.

Mena said making the failure to keep records a separate violation will help enforcement. "It's a much quicker step for us," she said.

Citations typically start as warnings but can lead to fines and court orders.

The dairy industry did not oppose the legislation, which also authorizes the Agriculture Department to go to court for search warrants if its inspectors are denied access to dairy farms.

Previously, only the state Department of Ecology could seek search warrants on behalf of the Agriculture Department. Mena said Agriculture inspectors haven't had to seek search warrants to gain access but wanted to get rid of the hurdle of going to Ecology if they did.

"We've not had to use that warrant authority yet, but going to Ecology added an extra layer of coordination," she said.

The Legislature transferred most powers and duties under the Dairy Nutrient Management Act from Ecology to Agriculture in 2003. But Ecology enforces clean water and air laws, which at times has created a vacuum for residents who live near dairies and suspect their well water is being polluted by excessive application of manure to crops.

Ecology spokeswoman Sandy Howard said the legislation is a step in the right direction. "It doesn't solve the split authority but it helps," she said.

* Leah Beth Ward can be reached at 509-577-7626 or lward@yakimaherald.com.