Legacy of lax regulations muddles views on planned 1,000

Ed Irvin, co-owner of Just Beyond Paradise Winery adjacent to a family farm seeking a state permit for a 1,000-hog confined feeding operation, says state regulators should issue the permit only if the operators install proper animal waste handling systems to protect the environment. (Tim Carpenter/Kansas Reflector)

LINWOOD — Finney Robbins stood up for neighbors of 50 years on the Torneden family farm in Leavenworth County by urging state regulators to allow expansion of confined animal feeding operations despite failure to comply in the past with state regulations on proper handling of animal waste sludge that flowed untreated into a creek and roadside ditch.

Robbins, addressing officials with the Kansas Department of Health and Environment at a public hearing, found himself in the minority. Most residents and business owners participating in the forum expressed deep frustration KDHE was entertaining the possibility of awarding a new permit to the Tornedens after operators of the farm refused to comply with the state’s directives to remediate water pollution problems.

The property in question operated as a dairy for many years and was issued letters of regulatory noncompliance in 2019, 2020, 2021 and 2022 for refusal to bring online equipment for properly handling animal waste.

The pending application with KDHE was submitted by Dustin Torneden, who would erect on property farmed by his father and grandfather a series of buildings capable of hosting 1,000 hogs. The permit grant him authority for a simultaneous maximum of 650 hogs over 55 pounds and 380 hogs less than 55 pounds.

“I’d like to tell you they’re good people, good neighbors and hard workers,” Robbins said. “I don’t think the way a farm looks should make a difference. It’s the people that run the farm. I think if he follows the rules set up by the state and county, that he should be given the chance to pursue his dream of farming.”

Jim Karleskint, who lives less than one mile from the Torneden farm, said KDHE had no business granting a new permit for confined hog production until standard facilities were in place to hold and dispose of animal sewage. A promise to construct effective waste handlers was insufficient given lack of adherence to the same regulations in the past, he said.

He said KDHE issued a 2016 state permit for the Tornedens’ operation and ordered resolution of problems with waste management considered to have “significant pollution potential.” Despite a flurry of KDHE letters affirming ongoing violations, he said, the system for dealing with feces and urine wasn’t operational by the time that permit expired in 2019.

KDHE also issued a directive in October 2022 demanding owners and operators of the Torneden farm cease construction of swine facilities without a state permit.

“I support farmers and understand the hard work that is necessary to be a successful farmer,” said Karleskint, who grew up on a dairy farm and served in the Kansas House. “However, I do expect all parties that live in a rural area to respect the God-given resources of water and air. Violating the disposal of waste from livestock is not maintaining a proper balance with nature nor does it show respect for those that live in the area.”

Karleskint said KDHE regulators should shoulder “as much blame here” as the Tornedens for operation of the farm below environmental standards expected of others. He shared with KDHE staff photographs of animal sewage flowing from the farm toward a creek and in the ditch along Loring Road adjacent to Interstate 70.

In documents submitted to KDHE in November 2022, applicant Dustin Torneden said he planned to rely on barns that captured hog waste in trays in pits underneath the flooring. This liquid material would be pumped out and applied as fertilizer to fields, while solid manure would be composted and used as fertilizer.

Fescue grass barriers would be established around hog confinement buildings to provide a natural filter for runoff that could harm nearby water resources, said Torneden, who didn’t testify at the KDHE hearing. The KDHE secretary has authority to approve or reject his application for a permit.

Mike Stieben, who is a member of the Leavenworth County Commission, said he received numerous telephone calls and emails about the pending KDHE application. He said the county had little oversight authority of agricultural operations. He said that was the responsibility of KDHE regulatory staff.

“We would just encourage that all rules be followed,” the commissioner said. “I have spoken to Mr. Torneden, and he intends to do that.”

Lindsey Blancarte, who has a Tonganoxie address, said her family was one of the few in the county with no alternative but to draw water from a well. She was perplexed KDHE allowed infractions to continue for years on the Torneden farm and posed a simple question: “How many warnings have to be given?”

“There definitely needs to be a water management plan in place,” Blancarte said. “I’m not against farming at all. I grew up on a farm as well. I just think we need to follow the rules that are put in place for a reason. I don’t want anybody telling me what to do with my land either, promise you, but I do respect we do need to take care of each other, and the environment, and not pollute it.”

Ed Irvin, co-owner of Just Beyond Paradise Winery across the road from the Torneden farm and an employee of the U.S. Department of Agriculture, said Dustin Torneden should have the opportunity to run a hog farm. To allow the project to go forward without a solid waste management system for nearly 1,000 pigs on the property — adults produce an average to 11 pounds of manure daily — would be a tragic irony, he said.

“On my property, I had to have an engineered septic system. The percolation of the soil was poor and there was no choice,” Irvin said.

Gina Montalbano, co-owner of Z&M Twisted Vines Wines and Winery, also located near the Torneden property, said she was “not in support of the permit” and unwillingness of the farm’s operators to address KDHE mandates on waste management were “obviously of grave concern to us.”

Zack Pistora, a Linwood farmer raised on a hog farm, said the public hearing was an opportunity for people looking at the issue from different angles to absorb perspectives of others.

“I’m a proud son of a pig farmer,” Pistora said. “I’m a proud lobbyist for the Sierra Club and supporting the environment in Kansas. I’m also proud to be part of this community. I’ve lived her my whole life.”

He said the legacy of the Torneden farm was important, but the community expected KDHE to answer the call when environmental problems emerged on private property and expected individual landowners to abide by the law.

“Legacy is important. I respect the applicant. It’s hard to be a young farmer in today’s age. I admire that and applaud it,” Pistora said. “I think we ought to give this applicant, Mr. Torneden, a chance … with the caveat we hope and expect things can be done without being in violation. KDHE — we really need you to make sure to be our referee in all this.”

by Tim Carpenter, Kansas Reflector April 10, 2023

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Tim Carpenter has reported on Kansas for 35 years. He covered the Capitol for 16 years at the Topeka Capital-Journal and previously worked for the Lawrence Journal-World and United Press International.