Proposed feedlot near Peabody generates citizen response
About 40 citizens from Peabody and surrounding rural areas gathered Monday evening at St. Paul Lutheran Church to hear a proposal for the expansion of a cattle feedlot southwest of Peabody. Clarence Busenitz currently has a cattle feeding facility at his farm two miles from Peabody on 60th.
Rick Brunetti and Greg Bland of Kansas Department of Health and Environment field services at Salina told the group Busenitz has submitted an application to expand his "confined animal feeding operation" to 999 head of cattle. According to Brunetti the application submitted to KDHE has been approved.
Citizens who have objections to an expanded operation may submit their reasons in writing to KDHE by March 4. If KDHE receives what Brunetti called a "significant number of comments" a public hearing will be held before allowing Busenitz to proceed.
Busenitz will be required to install a larger lagoon and meet environmental requirements. Those requirements do not include odor or dust problems as neither currently is regulated by KDHE.
"People usually complain first about odor and dust," said Brunetti. "But the legislature never has given KDHE the authority to regulate either of those."
Brunetti also told the assembled group that Busenitz did not have a good track record with KDHE.
"Since 1994 we have gone back and forth many, many times with Mr. Busenitz," he said. "There were water pollution problems, he was out of compliance, we had lots of correspondence with no resolution.
"Finally I referred the case to the administrative office and he was eventually fined $5,000."
Burnetti said the fine was levied less than a year ago, in March 2005. Busenitz also was required to solve the water pollution problem.
Following the payment of the fine, Busenitz submitted his plan for expansion of his feeding operation and it was approved by KDHE.
Peabody resident Eric Barnes asked Brunetti if monetary loss on the value of his residential property would be considered grounds to oppose the expansion. Barnes and his family live on the south edge of Peabody.
"Most definitely," said Brunetti. "Lowered property values are certainly a consideration."
Several in attendance expressed the opinion that county zoning or the city's "area of urban influence" might keep the expansion from going forward. David Brazil, Marion County Sanitarian and Zoning Administrator, said it was not likely the county or city had any ordinances in place that would restrict the expansion.
Marion County Commissioner Randy Dallke added he was not aware of specific restrictions. He also reminded that "no one here wants to put him (Busenitz) out of business. But we want him to be on a level playing field with everyone else. If his expansion means a monetary loss for the rest of the community, there's a problem."
At press time there was no information available on what action community or county leaders or individual citizens might take to oppose the expansion.
Phone calls may be directed to John Harsch, Section Chief, Livestock Waste Management Program, Kansas Bureau of Water at 1-785-296-6432. Brunetti and Bland may be reached in the Salina field office, 1-785-827-9639 for more information.
Busenitz was not available for comment.
