Several companies have expressed interest in building large confined hog feeding operations (hog farms) in southeastern Wyoming. SF 57 was a response to public concerns about the environmental impacts of these hog farms, which have caused problems in other states.

The Wyoming Environmental Quality Act gives Administrator of the Water Quality Division of the Department of Environmental Quality the authority to recommend rules, regulations, standards, and permits to promote environmental quality, after receiving public comment and consulting with the Division’s advisory board.

SF 57 expanded this authority to include standards for confined hog feeding facilities designed for 1000 or more animal units (2500 adult hogs).

Under SF 57, these standards would include financial assurance (bonding) and closure requirements for facilities with treatment works, and waste and manure management plans to prevent water pollution and minimize odors and pathogens.

SF 57 also provided setback requirements restricting the location and operation of a facility within one mile of an occupied dwelling, one mile of a public or private school, one mile of an incorporated municipality, one-half mile of a water well permitted for domestic or stock watering, or one-quarter mile of a perennial stream.

The setbacks could be waived by consent of the dwelling owner, school trustees, or the governing body of the municipality, or by demonstrations that the well or stream water quality would not be adversely impacted.

The Senate adopted an amendment to place confined hog feeding operations under the jurisdiction of the Wyoming Industrial Siting Council, and to allow the Industrial Siting Council to require greater or lesser setbacks after evaluating the facility management plan and scientific data.

The Senate also adopted an amendment to allow counties to adopt a land use plan or zoning resolution imposing stricter setback requirements than SF 57.

SF 57 passed the Senate with only one dissenting vote (see below).

The House treatment of SF 57 was a different story. At the beginning of floor debate, the House adopted a House Agriculture, Public Lands & Water Resources committee amendment to remove the Senate amendment providing Industrial Siting Council jurisdiction over confined hog feeding operations, and to delete the setback for water wells permitted for domestic or stock watering.

The House then approved an amendment restoring the well setback, but making the setback one-quarter mile instead of one-half. The amendment also limited the setback to wells permitted for current domestic purposes instead of domestic and stock watering.

Four amendments to strengthen the setback requirements or to restore Industrial Siting Council jurisdiction -- sponsored by Reps. Wende Barker (D-H45, Laramie), Nancy Berry (D-H59, Casper), Chris Boswell (D-H39, Green River), and Phil Nicholas (R-H14, Laramie) -- all failed. Rep. Nicholas's amendment, a compromise proposal, came the closest on a 26-34 vote.

Proponents of amendments denoting specific setbacks and providing Industrial Siting Council jurisdiction argued that Wyoming needs to take a firm stand to protect its people and its water, and a firm regulatory approach would show developers that the state means business.

Opponents argued that specific setbacks should be determined in the rulemaking process, and that the state should balance its proposed regulatory program against the economic benefits of hog farms.

The strong regulatory approach, with setbacks and Industrial Siting Council oversight, passed the Senate 29-1. The weaker version passed the House 51-9, with many legislators reluctantly voting yes because without SF 57, there would be no regulation at all.

The Senator voting against SF 57 was Dick Erb (R-S24, Gillette).