SCS BT Squared

Changing Tides in Fertilizer and Pesticide Storage

 

The storage of agriculture chemicals on farms is commonplace all across Wisconsin. As farming production increases, so follows the amount of agricultural chemicals used and stored, along with the risk of those chemicals being released into the environment. The Wisconsin Department of Agriculture, Trade, and Consumer Protection (WDATCP) has regulations pertaining to the commercial bulk storage of fertilizer and pesticides, but these typically apply to commercial facilities that store unpackaged bulk fertilizer or pesticides, not privately run farms.

According to WDATCP regulations, bulk fertilizer is defined as fertilizers or pesticides stored in a container larger than 55 gallons for liquid fertilizers and quantities of 100 pounds or greater for dry fertilizers. These regulations are meant to protect the waters of the state by restricting the use of secondary containment of fertilizers and pesticides to minimize the effects of a release. While farms may store fertilizer and pesticides in excess of the thresholds for commercial facilities, currently there aren't regulations pertaining to onfarm storage of agriculture chemicals. The tide may be changing.

The Town of Dunkirk in Dane county recently enacted a groundbreaking ordinance that will regulate on-farm storage. The ordinance, drafted in January 2009, regulates on-farm bulk storage of liquid fertilizer. Any farm within the Town of Dunkirk possessing a bulk liquid fertilizer storage of 2,500 gallons in a single container, or greater than 7,500 gallons of combined capacity, must provide secondary containment and security for the fertilizer containers. This does not include mobile containers that store bulk liquid fertilizer at a facility for less than 14 consecutive days.

The ordinance also has requirements for storage containers, secondary containment design and materials, liquid level gauging devices, a discharge response plan, inspection and maintenance, remedial actions for a release, and permitting and monitoring requirements. The ordinance requires that the owner provide a copy of the discharge plan to the local fire and police departments. A discharge of fertilizer greater than 25 gallons must be reported to the Wisconsin State Spill Hotline. A yearly permit for fertilizer storage is also required in order for the farm to be able to operate a bulk fertilizer storage facility. All new farm storage facilities must adhere to the ordinance, whereas farm storage facilities that were in place prior to the ordinance have one year to comply with the ordinance and apply for a permit.

The Town of Dunkirk took the lead for their ordinance from WDATCP's commercial bulk storage regulations, including secondary containment and security requirements as they wrote it. This is the first municipal regulation of its kind in the state. The purpose for the ordinance is to establish pollution prevention methods for the Town. Working proactively, they hope to avoid a release and the subsequent cost associated with a fertilizer or pesticide clean up.

In addition, they want to protect the drinking water, as well as the Town's water supply, from possible groundwater contamination. WDATCP estimates annual cleanup costs for sites contaminated from leaking fertilizer at over $900,000 per year.

The Town of Dunkirk is working cooperatively with the facilities affected by this ordinance to minimize disruptions the new ordinance may cause, including cost sharing for facility inspections. If a farm owner chooses not to comply with the ordinance, they will not be allowed to store fertilizer on site. BT Squared is assisting the Town of Dunkirk with the implementation of the ordinance by providing inspections for the bulk storage facilities to ensure compliance with the ordinance. Our goal is to identify shortcomings in the storage facilities and recommend changes that will bring the facility into compliance with the ordinance.

It is likely that other communities may take the lead from the Town of Dunkirk if the ordinance is successful. This would result in changes for the private farms utilizing on-farm storage, and a potential for increased business for WCPA members, if compliance with the regulations makes on-farm fertilizer storage costly for smaller farms.

tculp@btsquared.comTo learn more about the Town of Dunkirk ordinance and the issues surrounding on-farm storage, contact Tom Culp at tculp@btsquared.com or 608.216.7326.