Risk Awareness Checklist: Legal Risk

1. Do you follow all local, state, and federal environmental record-keeping requirements? Yes or No

Question 1: The correct answer is Yes.
New federal and state regulations that require manure testing, soil sampling, and application records will soon go into affect. You need to familiarize yourself with these new requirements and their applicability to your operation.

Question 2: The correct answer is Yes.
Manure that is not stored in a liquid-tight structure may seep into groundwater, which may endanger you or your neighbors, and could result in expensive cleanup or a lawsuit.

3. Have you ever had leaks or overflows of your manure storage structure? Yes or No

Question 3: The correct answer is No.
If you have had problems with your manure storage in the past, you may need to construct a new (or repair the existing) manure storage structure to prevent a larger spill in the future.

Question 4:
Clay is the best type of soil to surround a manure storage area. The small soil particles in clay make it more difficult for manure to seep through into groundwater. Sandy soil is the worst soil type in which to locate your manure storage, because nutrients may easily leak into groundwater. In many soils, lagoons should be lined with an impermeable layer of clay or synthetic material.

Question 5a: The correct answer is Yes.
Manure storage areas without a lining of clay or plastic may be environmentally unsafe. The manure can leach into the groundwater, resulting in expensive cleanup, a lawsuit, and/or serious environmental damage.

Question 5b: The correct answer is No.
If there are cracks in the lining of your storage structure, it should be replaced before a manure leak or spill results.

6. Is there a limestone or fractured bedrock layer within 20 feet of the bottom of the manure storage? Yes or No

Question 6: The correct answer is No.
Manure can easily seep through limestone and fractured bedrock, and because of the cracks in the layers, the manure is not filtered at all, as it would be through sand or silt. Constructing a manure storage area less than 20 ft. above these layers could allow unfiltered manure to seep into groundwater.

Question 7: The correct answer is Yes.
If water wells are downslope from the manure storage structure, manure that seeps out could easily run downslope into the wells, causing contamination of the water.

Question 8: The correct answer is Yes.
To prevent contamination of water wells, the manure storage area should be located at least 100 ft. away from all wells.

9. Does your area have a seasonal high water table that rises within 2 feet of the bottom of the manure storage area? Yes or No

Question 9: The correct answer is No.
The water table should always be at least 2 feet below the bottom of the manure storage area. If possible, locate storage areas near low water tables to prevent contamination of groundwater. In areas with higher water tables, the manure storage area should be shallow or above-ground.

10. Do you perform at least monthly inspections and maintenance of the manure storage structure? Yes or No

Question 10: The correct answer is Yes.
Regular inspection and maintenance of your manure storage structure helps to prevent problems that could result in manure leaks or spills. It will be much cheaper to fix potential problems when they are small.

11. Do you perform the following steps to prevent production & accumulation of gasses and odors:

Question 11a: The correct answer is Yes.
Daily removal of buildup of manure on solid floors reduces the presence of harmful gases and irritating odors.

Question 11b: The correct answer is Yes.
Providing clean dry bedding will reduce the buildup of gasses and odors in addition to keeping pigs healthier.

c. Exhaust at least some ventilation air from under slatted floors? Yes or No or NA

Question 11c: The correct answer is Yes.
Exhausting some ventilation air from under slatted floors prevents buildup of dangerous gases, which can be harmful to pigs and humans.

d. Keep at least a foot of clearance between the bottom of the slat supports and the top of the manure and not overfill a pit beneath slotted floors? Yes or No or NA

Question 11d: The correct answer is Yes.
If the pit underneath slatted flooring is too full, dangerous gases will be pushed into the room. This is also unhealthy for the pigs if they are laying on wet slats.

e. Add enough water to stored manure to keep manure solids submerged at all times? Yes or No or NA

Questeion 11e: The correct answer is Yes.
Adding water to manure reduces odors and insects, and also makes it easier to pump into manure storage.

f. Reduce dust levels by periodically washing pen partitions, walls, ceilings, and floors, and installing covers on feeders? Yes or No or NA

Question 11f: The correct answer is Yes.
High dust levels can be harmful and irritating to humans and pigs. Dust also carries harmful disease pathogens.

Question 11g: The correct answer is Yes.
Manure stored longer than six months can produce high levels of odors and dangerous gases.

12. Do you meet or exceed all local, state, and federal environmental regulations for farms? Yes or No

Question 12: The correct answer is Yes.
Compliance with existing regulations could be a helpful attribute should someone bring a civil suit against the farm operation.

13. Do you meet or exceed all Department of Transportation (DOT) regulations? Yes or No

Question 13: The correct answer is Yes.
Some DOT fines for noncompliance can be large, and in addition, noncompliance could force essential farm vehicles off the roads until compliance is gained.

14. Does your farm meet the Pork Quality Assurance (PQA) certification requirements? Yes or No

Question 14: The correct answer is Yes.
Some packers require producers to be PQA Level III certified. If your farm is not PQA certified, you may be in danger of losing the market for your pigs at a future date.

15. Do you keep adequate records to allow production of identity-preserved pork? Yes or No

Question 15: The correct answer is Yes.
In the future, it may be difficult to sell your hogs without adequate record-keeping, because consumers may demand identity-preserved food products for food safety concerns. In addition, HAACP regulations and ISO9000 certification by packers, processors, retailers, and exporters may lead to premiums for identifiable pork attributes and production practices in the near future.