What's Happening with the 2010 Feedlot Agreements?

Vince Crary
Extension Educator-Otter Tail County
crary002@umn.edu

December 13, 2008

Dairy producers are wondering about what will happen in October of 2010 when the date of the open feedlot agreements signed between 2000 and 2005 come due. Some producers have said they may just sell the cows rather than worry about what the October deadline will mean.  However, to clarify some of the issues on this topic the following information should answer questions or concerns for dairy and other livestock producers, though final determinations are a work in progress.                              

Open Lot Agreement and the October 1, 2010 Deadline

Final decisions on how the Open Lot Agreement deadline will be handled will be coming soon.  Representatives from the Minnesota Department of Agriculture (MDA), Minnesota Pollution Control Agency (MPCA) and the Board of Water and Soil Resources have formed a committee with assistance from the Assistant Commissioners from each state agency to determine how the October 2010 deadline will be handled for folks in different situations.

The following are current facts about the Open Lot Agreement:

• Producers who DID NOT actually sign the Open Lot Agreement between 2000 and 2005 are not obligated to meet any open lot agreement timelines.  Producers that did not sign the agreement with their County Feedlot Officer or Regional Pollution Control Agency Feedlot staff are not required to comply by October 2010.  The Open Lot Agreement deadline only applies to individuals that signed the agreement.
• Producers who DID sign the Open Lot Agreement, who have 300 animal units or less, who have applied for cost share but did not or cannot secure 75% cost share for any feedlot correction CANNOT be forced to spend more than $3,000.00 according to Minnesota law.  This law applies to all situations regardless of whether or not enrolled in the Open Lot Agreement.  This same law also states that feedlots between 300 to 500 animal units that have pollution issues and have applied for cost share but did not or cannot secure 75% cost share are limited to a $10,000 out of pocket expense that the regulator can force the operator to spend.  Only feedlots that were 300 animal units or less qualified for the Open Lot Agreement.
• Producers who DID NOT sign the Open Lot Agreement, who currently have pollution issues on their feedlot can continue working with their local County Feedlot Officer or Regional Pollution Control Agency staff to bring the feedlot into compliance.  Typically, this type of work would fall under an Interim Permit that is good for two years or other local agreements between the farmer and regulator to continue working towards compliance.  The October 2010 deadline does not have any bearing on these producers.
• Producers enrolled in the Open Lot Agreement who do not have the pollution issues corrected by October 2010 will continue to be worked with to get their feedlot into compliance.  Enforcement is an option for extreme cases; however, in all cases, the state will continue to work with producers through their local county feedlot officer or regional pollution control agency staff to bring them into compliance, either through Interim Permits or other local agreements of choice.  Remember the spending limit amounts ($3,000 for 300 animal units or less; $10,000 for 300 to 500 animal units) if 75% cost share cannot be obtained.

A government official told me that dairy and livestock producers need to know that, “We are continuously working on final determinations for the Open Lot Agreement 2010 deadline.” The MPCA will soon declare the path the Open Lot Agreement will follow for producers in all types of situations. No doubt, there are many misconceptions around regarding what will occur after the deadline is past.  However, the MPCA, with the help of MDA, will get the factual information out as soon as it is decided.