Bill shields dairy farmers from open records

Associated Press reported on 2/6/1998

A request by dairy farmers to keep parts of the industry's pollution secret is being met by opposition from the state Department of Ecology, environmental groups and media organizations.

House Bill 2916, considered Wednesday by the House Government Administration Committee, would exclude dairy farmer's voluntary reports of accidental discharges from the state open records law. Only reports on incidents where action was not taken within two weeks to stop the discharge and prevent future spills would be public.

The bill's sponsor, Rep. John Koster, R-Monroe, said the legislation would give dairy farmers an incentive to report waste spills, knowing the information would not be available to people looking to sue them for violations of clean water laws.

The dairy industry said it wants some protection from citizen lawsuits like those pending against lo Yakima Valley dairy farmers.

But foes said lawmakers should not give the dairy industry secrecy not afforded other polluting industries, especially at a time when the dairy industry is trying to repair its reputation.

Bruce Wishart from the People for Puget Sound said the legislation could prompt dairy farmers to claim intentional manure spills as accidental in order to shield themselves. The bill faces a key deadline Friday to get out of committee.

The Legislature also is considering bills that would create a registration and inspection program for dairies. Those measures, which have almost universal support and already have passed out of committee, exempt unavoidable discharges from being considered violations.
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