Cattleman addresses compliance requirements
Staff reporter
Mike Beneke says he can see both sides of the issue and realizes that compliance is the only option.
The rural Lincolnville cattleman and owner of Double B Cattle Company was fined $31,000 earlier this year by Kansas Department of Health and Environment for having a confined cattle operation without a permit.
According to state statute, "any person discharging wastewater, or having the potential to discharge wastewater to water of the state, is required to obtain a KDHE-issued permit for such discharge."
The permit is required for operations of 1,000 or more head of cattle.
Since the story was reported in the July 19 edition of the Marion County Record, Beneke has worked with KDHE to obtain permission to construct a dirt berm as a temporary diversion for cattle waste. When granted permission, he was given a total of 30 days to complete the task or show his intention of completion.
The penalty implemented by KDHE has been reduced to $12,000, which can be paid in 36 monthly payments. This reduction is contingent on compliance. Otherwise he will owe the full $31,000, Beneke said.
On Jan. 1, 2007, Beneke can sign up to receive assistance with the cost of design for pollution control implementation. When the application is approved, construction of a permanent containment area could begin by July, with substantial progress or completion required by the end of November. Beneke also would be required to submit monthly reports as required by KDHE for those operations with 1,000 head or more of cattle.
"In reality, I can't meet all of the deadlines," Beneke admitted. If not met, there is paperwork Beneke can complete to explain the situation with resolution.
Why can't he meet the deadline?
"It's tough to justify (to KDHE) what's already been constructed," Beneke said, referring to various cattle pens. "What's already been constructed will have to be dismantled" and replaced.
Plus, Beneke said, this process typically would take three years but KDHE expects it to be completed in one and one-half years.
"I can't make it go any faster," he said.
Since the Feb. 23 visit from KDHE, Beneke said it makes sense why he was fined. Now he just wants to move forward.
"I want people to know, particularly the person who complained to KDHE, that I am making progress and following KDHE's requests," he said.
"My attitude is to make this the nicest (1,000+ head) feedlot operation in Marion County," Beneke said.
The complaint
Beneke has two main pens — west and east. The west pen currently holds 2,000 head of cattle. In the previous complaint from KDHE, this pen is approximately 250 feet from an unnamed tributary to Middle Creek. Beneke then built a pen area between this pen and the tributary, within 10 feet of the stream bed.
The east pen has a capacity of 3,000 head but currently has 1,000 head. That pen drains into a small field that borders Middle Creek. The report also indicated that Beneke had removed approximately one-half mile of the Middle Creek bank area.
Right now, he's running at least 1,000 head fewer than before.
At the time the complaint was filed and the KDHE inspection occurred, there were no provisions for the wastewater from the feedlot. Beneke and his son remove a large portion of the waste but the runoff was not being contained per KDHE's standards.
And, of course, the main issue KDHE had with the stockman was the fact he had not applied for or received a permit for the operation.
In order to receive a permit and continue operation with the number of head necessary to meet his commitments, Beneke is required to construct a wastewater system that would divert animal waste from neighboring fields and water tributaries.
