NRD Reaches Settlement With Producer Over Violation of Ground Water Regulations
Oct 29, 2007
The Lower Platte North NRD has reached a settlement with a Colfax County producer over violations of the district’s ground water regulations.
The producer, located in the NRD’s Richland-Schuyler Phase 2 Ground Water Management Area, was originally issued a cease and desist order for his refusal to submit required annual fertilizer application reports and for failing to attend required Nitrogen Management Certification training.
Under the terms of the Consent Decree reached with the NRD and the Colfax County Attorney, the producer will pay a fine of $2,079.
The entire Lower Platte North NRD, based in Wahoo, is in a Phase 1 Ground Water Management Area due to water quality concerns. All producers in the NRD who either apply fertilizer or make the decision on when fertilizer is applied are required to have a current Nitrogen Management Certification Training card. The training provides information regarding the extent of nitrogen contamination of groundwater in the NRD, offers tips for reduced nitrogen application based on the University of Nebraska’s recommendations, gives updates regarding the district’s Rules & Regulations, and discusses potential impacts of new statutory laws passed by the Unicameral. A card is issued for completion of this training that remains valid for four years.
There are also two targeted Phase 2 areas in the NRD, one in the Bellwood area and one in the Richland-Schuyler area, to deal with elevated amounts of nitrogen in the groundwater. One of the Phase 2 requirements is that producers submit annual fertilizer application reports for each production agriculture tract in the Phase 2 area by December 31st each year. When reports are not received by the deadline the district may issue a cease and desist order, and a maximum fine of $5,000 per tract may be levied in addition to court costs. Fines paid are sent to the Nebraska Education Fund and distributed to all public schools across the state.