issued under the Utah Water Quality Act and in accordance with rules that have been adopted by
the Water Quality Board. Any facility or activity that has a reasonable potential to pollute or
discharge to ground water is required to have a ground water permit. The only agriculture
operation in Utah that has been required to have a ground water permit is the Circle 4 hog farm
in Beaver and Iron Counties.
Mr. Bradford said there has been increasing concern about the siting of animal feeding
operations and their potential environmental impacts. Some members of the public have
proposed that siting and odor control requirements be established for large animal feeding
operations.
Other issues raised by Mr. Bradford include a proposal to make penalties within the
Radiation Control Act consistent with other penalties within the Environmental Quality Code
and the need to reauthorize five chapters and parts of Title 19, Environmental Quality Code, that
are scheduled to sunset on July 1, 1999.
Rep. Johnson indicated that the department is proceeding in the right manner on these
critical issues. He stated that the committee would like to be kept involved in the process.
Mr. Art Eggertsen, Responsible Agriculture Campaign, indicated they are concerned with
the issue of airborne contaminants. There is a major national concern with the evaporative
problem associated with concentrated agriculture feeding operations (CAFOs). The latest
scientific findings indicate that the majority of the waste that comes from large scale hog
operations are in the form of airborne pollutants which consist primarily of ammonia borne
nitrates. These pollutants spread over a 250-mile radius and may contaminate surface water.
Rep. Johnson announced that Kathleen Clarke has been appointed as the new director of
the Department of Natural Resources.
Ms. Clarke asserted that the quality of life in Utah is threatened by growth and other
factors and that a lot of diligence and vision is required in managing the state's natural resources.
She noted that she wants to move the department into a more holistic approach to management
and wants the division employees to work beyond lines and boundaries and work as a team.
3. Department of Natural Resources Legislative Issues - Mr. Mike Fowlks, Department of Wildlife Resources, distributed a list of potential issues for the 1999 General Session.
He indicated several constituents have raised concerns about statutes pertaining to
reduced fees for fishing licenses:
*
Section 23-19-14 allows persons committed to the custody of certain institutions to fish without a license. There are questions regarding the types of institutions
that are covered under the statute.
*
Section 23-19-36 allows for reduced fishing license fees for disabled, mentally retarded, and terminally ill persons. The difference in fees for different categories
of disability is a concern.
*
A $.50 fishing license fee is cumbersome to pay by mail.
*
The term "mentally retarded" as defined in Section 62A-5-101(6) is thought to be insensitive.
*
Foster parents would like to have children assigned to them by the state qualify for a reduced fishing license fee.
*
Section 23-19-37 concerns disabled veterans and free fishing licenses. Many veterans read the title of the statute and feel they should qualify for the free
license. The statute restricts free licenses to those domiciled in a veteran's
hospital or veteran's nursing home in Utah.
Mr. Fowlks reviewed possible solutions to the concerns that have been raised.
Rep. Tanner requested that the division consider giving senior citizens free fishing
licenses.
MOTION: Rep. Buttars moved to request staff to draft legislation addressing the reduced fee issue. The motion passed unanimously. Rep. Anderson was absent during the vote.
Mr. John Kimball, Division of Wildlife Resources, explained that falconers have
approached the division about changing to a three-year license that would coincide with the
federal license. The division is recommending eliminating the falconry license in the fee
schedule and offering a Certificate of Registration to falconers for the possession of their birds.
These certificates would initially need to be good for one, two, or three years depending on
where the falconers are with their federal permits. At the end of two years, only the certificate
good for three years would need to be offered. The division proposes that the cost of the
certificates be the same as that for the license currently offered.
Mr. Kimball explained that last year the division was sued by out-of-state guides who
could not operate in Utah, because the state did not have a pursuit permit for non-residents. A
lion hunter or bear guide needs to use dogs which requires a pursuit permit. To comply with the
privileges and immunities clause of the constitution, the division has requested that the RACs
give their endorsement of a non-resident pursuit permit. He advised that this issue may create
pressure for a bill to regulate hunting guides.
Mr. Kimball distributed information on key wildlife habitat areas within the state. The
northern region of the division has developed a pilot program for identifying key wildlife habitat
and critical open spaces. The division would like to implement a similar program statewide.
Key habitats are defined as those being critical, extremely important, or limited in scope which
are necessary to support wildlife into the future. He reviewed the list of criteria for these areas.
As growth occurs, it poses a risk to existing open space lands. He noted they are trying to
coordinate their efforts with the Department of Agriculture and Food.
4. Other Business - Commissioner Cary Peterson, Department of Agriculture and Food, explained that for over a year, a national task force has been discussing the optimum
requirements for CAFOs. Ten criteria were listed. He shared the criteria with Mr. Ostler and
was told all the criteria were covered either by federal, state, or local requirements in the
permitting of the Circle 4 ranch.
Commissioner Peterson introduced Dr. Chris Crnich, a veterinarian with the Department
of Agriculture and Food who has provided written comment about the proposed storage of
nuclear waste in the West Desert. Dr. Crnich is a reserve military officer and has participated
on teams doing training for hazardous materials and hazardous environments.
Dr. Chris Crnich stated that the department opposes having the nuclear waste products
brought into the state. The items being discussed for storage would maintain their harmful
effects for the next 10,000 years. It is being proposed that these items be stored out in the open.
He pointed out that there is always an opportunity for a disaster to occur which would pose the
potential for immediate threat to life, wildlife, and Utah's agricultural economy.
MOTION: Rep. Tanner moved to adjourn the meeting at 11:20 a.m. The motion passed unanimously.