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Monday, February 05, 2007

Ind. Gov't. - "Battle lines drawn over farm feed lots"

Niki Kelly of the Fort Wayne Journal Gazette has a great story today on the battle over CAFOs and CFOs in Indiana. Some quotes from the lengthy, comprehensive report:

Confined feeding operations are either the future of agriculture production or hazardous operations that threaten Hoosiers’ health.

And Indiana legislators are set this year to mediate the dispute, which is plagued by the push and pull of property rights.

The rights of a farmer in an area long-zoned for agriculture to move his business into the 21st century – and the rights of neighbors seeking a peaceful country life to live without tainted water and powerful odors.

Who will win?

The first chapter in the legislative battle began last week when proponents and opponents took to the Senate floor to discuss three possible legislative solutions.

The House will get its chance this week, with three more bills up for discussion Tuesday in the House Agriculture and Rural Development Committee.

Confined feeding operations and concentrated animal feeding operations – known as CFOs and CAFOs – have proliferated in recent years in Indiana.

Confined feeding operations are generally much smaller operations and are governed by state law.

But concentrated animal feeding operations – where large numbers of animals are fed and raised on a small plot of land rather than grazed – are subject to more regulatory requirements than confined feeding operations.

The U.S. Environmental Protection Agency considers them to be a potential point source of pollution because of the possibility for waste to enter the waters of the U.S. through accidental discharge.

Because of this they are required to get a federal water permit, and the Indiana Department of Environmental Management is the EPA’s permitting authority for concentrated animal feeding operations. * * *

IDEM has the authority to regulate water pollution at these large agricultural operations. But local governments regulate odor, traffic, zoning and land-use issues.

Several people testified at last week’s concentrated animal feeding operation hearing that the permitting process needs to be changed. Currently, they said, farmers go to IDEM for a permit and when they have that in hand, the county has little option but to give them a building permit.

Zoning laws – if they exist at all – don’t address these megafarms and local residents have found themselves reeling because they have no way to block their growth.

The suggestions in the legislature range far and wide.

Senate Bill 447 would establish a three-year moratorium on all new confined feeding operations, Senate Bill 570 would restrict the ability of local government to limit concentrated animal feeding operations and Senate Bill 431 would increase fees, inspections and notice to neighbors while instituting a “good character” clause.

House Bill 1197 would create a two-mile buffer zone between confined feeding operations and schools or municipalities, and House Bill 1308 would not allow IDEM to permit new confined feeding operations unless local health and zoning officials approve first.

Posted by Marcia Oddi on February 5, 2007 09:25 AM
Posted to Environment | Indiana Government | Indiana Law