CAFO Fact Sheet #2

November 15, 2006

By St. Joe County Quality of Life

To all who have helped us with the fight against the Walnut Grove Dairy CAFO, we need your help again!

COME TO PUBLIC MEETINGS TO SUPPORT THE COUNTY-WIDE CAFO ORDINANCE!

WRITE LETTERS TO COUNCILMEN AND COMMISSIONERS URGING THEM TO VOTE IN FAVOR OF THE CAFO ORDINANCE!

AND FORWARD THIS E-MAIL ON TO EVERYONE YOU KNOW IN ST. JOE COUNTY!!! THE HEALTH OF ALL RESIDENTS OF OUR COUNTY IS AT STAKE!!

Public Meetings to Attend

Tues. Nov. 28th, 5:30pm - Council Committee Meeting
4th floor, County-City building. We expect the Health Dept. to make a strong presentation to the Council in favor of the CAFO Ordinance. We hope the Councilmen will vote the CAFO Ordinance out of committee for a first reading at the Dec. 5th full Council meeting. The public will not be allowed to speak at this meeting, but as many of you know from prior times, a room filled to overflowing speaks volumes! PLEASE COME!

Thurs. Nov. 30th, 7:00pm - Public Forum on the CAFO Ordinance
Main SB Library at S. Main St. Between Wayne St. and Western Ave. The Community Forum for Economic Development is sponsoring a panel discussion to inform the public about the proposed CAFO Ordinance. The panel will include the Health Dept., local farmers, and other members of the county-wide task force that helped draft the CAFO Ordinance. The public will be allowed to speak and ask questions. Again, county officials will be watching to see how much support there is in the community for this Ordinance. We must pack this room to overflowing! PLEASE COME!

Mon. Dec. 4th, 7:00pm - Public Forum on the CAFO Ordinance
New Carlisle Library. A repeat performance of the Nov. 30th panel.

Tues. Dec. 5th, 7:00pm - Council Chambers
4th floor, County-City building. If the CAFO Ordinance is passed out of committee at the Nov. 28th meeting, it will receive a first reading at this full Council meeting. (There will be an opportunity for general public comment at the end of this meeting, but the main public hearing on the CAFO Ordinance should take place at the Jan. 9th Council meeting.) We probably only need to speak here if Farm Bureau or the Ag. Dept. step in and try to shoot down the Ordinance. But, again, masses of people speak volumes to these politicians. So, PLEASE COME!

Letters to Write

Voice your support for the proposed CAFO Ordinance to protect the public health of all our residents from the risks posed by CAFOs that are in bad locations, are improperly designed, and are poorly managed!

Urge the County Councilmen and Commissioners to vote in favor of the Health Department’s proposed CAFO Ordinance!!

Write today to:

Commissioner Cindy Bodle
Commissioner Mark Dobson
Commissioner Steve Ross

at:

227 W. Jefferson Blvd.
7th Floor
South Bend, IN 46601

Councilman Kevin Kubsch
Councilman Dale Devon
Councilman Randall Przybysz
Councilman Rafael Morton
Councilman Michael Kruk
Councilman Dennis Schafer
Councilman Mark Catanzarite
Councilman Heath Weaver
Councilman Mark Root

at:

227 W. Jefferson Blvd., 4th Floor
South Bend, IN 46601

You can send one copy of your letter with all the Councilmen's names on it, and the Council secretary will make copies and distribute them.

It would also be helpful to send letters asking for support of local control of CAFOs to:

Representative B. Patrick Bauer
200 W. Washington Street
Indianapolis, IN 46204-2786

Finally, we need more letters to the editor in the South Bend Tribune in support of local control of CAFOs. Send your letters of support (200 words or less) to:

VOP@sbtinfo.com

Background

As many of you know, Walnut Grove Dairy has received a draft permit from IDEM for their 3,500 cows. They do not have a final permit YET. If you attended the October 11, 2006 IDEM panel discussion, or read about it in the news, you know that IDEM is not interested in hearing what the people have to say. In addition, there have been rumblings of additional CAFOs making plans for other parts of the county, from the area around New Carlisle to the area south of Mishawaka.

Gov. Daniels has pledged to double the number of livestock in Indiana by 2010, by promoting the establishment of new CAFOs and expediting the IDEM permit process. Which is why it is so important that we have local rules NOW to ensure that these CAFOs are put in the right places, are managed properly, and have appropriate oversight by our local officials. Otherwise, we could end up with a lot more bad operations, in poorly selected sites, like WGD, all over this county!!

A large number of citizens worked very hard over the last 6 months on a task force to draft a local CAFO Ordinance addressing the public health concerns surrounding CAFOs. Input was gathered from both pro-CAFO interests and rural residents concerned about the impact of these CAFOs on public health. The goal was not to ban CAFOs from St. Joseph County, as some have alleged, but to strike a balance between the very real public health risks of CAFOs and the economic needs of long-time farmers in our community. This effort is now complete, and we expect the Health Dept. to send the CAFO Ordinance to the County Council next week.

The proposed Ordinance will give our local officials authority over the siting and design of new CAFOs, as well as over the operation of both existing CAFOs and those underway like Walnut Grove Dairy, to ensure that their operations do not endanger public health or the environment.

But Gov. Daniels, the Indiana State Dept. of Agriculture, and Farm Bureau have mounted efforts to quash such local ordinances in other Indiana counties. They will surely do the same here. This is where we need your help.

Please come to as many of the above meetings as you can. Even if you don't expect to speak, we need to pack every one of these meetings to overflowing to show that there is broad county-wide support for this Ordinance!

If you can write a letter, even a brief one, in support of the CAFO Ordinance, that will work wonders for the health of all residents of this county as well!

Thank you.

St. Joseph County Quality of Life

Frequently Asked Questions About CAFOs

What is a CAFO?

Under Indiana law, a Concentrated Animal Feeding Operation (CAFO) is a livestock operation which confines its animals in lots, pens or buildings for at least 45 days/year, which has no vegetation on over half of the animals' confinement area, and which houses more than the following numbers of animals:

700 dairy cows;
1,000 non-dairy cows;
2,500 hogs (55 lbs.+);
10,000 nursery pigs (to 55 lbs.);
55,000 turkeys; or upwards of either 30,000 or 125,000 chickens (depending on the manure handling system).

What are the benefits of CAFOs?

In the proper location, under careful management and with effective oversight, CAFOs can provide an efficient low-cost source of meat, milk and eggs.

What are some of the concerns about CAFOs?

Many CAFOs across the U.S. have been notorious for spills and discharges of contaminated waters to local ditches, ponds, streams, rivers and wells. In addition, there is a growing body of evidence which demonstrates the long-term health effects on nearby residents from high-level emissions of hydrogen sulfide, ammonia and dust from the manure lagoons and animal confinement buildings of CAFOs. These health effects include eye and throat irritation, blurred vision, respiratory illnesses, diarrhea, vomiting, confusion, headaches, depression and chronic fatigue.

Are there existing CAFOs in St. Joseph County?

Yes. There are 5 CAFOs currently operating in the county. IDEM figures show that 4 of these are hog CAFOs with 5,000- 6,000 animals each; and 1 is a chicken CAFO with approximately 260,000 laying hens. There is also a proposal for a new 3,500-head dairy CAFO in southern St. Joseph County under consideration by IDEM.

How many existing CAFOs are there in Indiana?

IDEM reports that, as of June 2006, there were 532 approved CAFOs throughout Indiana.

What is Gov. Daniels' position on CAFOs?

Gov. Daniels has stated that he wants to double the number of livestock in Indiana by the year 2010 by encouraging more CAFOs to come to Indiana, and by expediting the IDEM permitting process. (Speech at Grow America Project summit in Indianapolis, Nov. 1-2, 2006 and Indiana State Dept. of Agriculture Strategic Plan at www.in.gov/isda.)

What permits does IDEM issue for CAFOs?

IDEM issues NPDES (National Pollutant Discharge Elimination System) permits for CAFOs in accordance with EPA rules and the Federal Clean Water Act. These permits cover surface and groundwater issues only.

What areas of concern are not covered by IDEM's CAFO permits?

According to IDEM officials, IDEM's CAFO permits do not address air emissions, public health concerns, local zoning or land use issues, water supply concerns, wear on roads and bridges, impacts on residences or municipalities, property values, local drainage concerns, effects on neighboring agricultural operations. Nor does IDEM take into consideration whether a proposed CAFO operator has a negative track record of compliance with CAFO rules either in Indiana or elsewhere.

Has IDEM seen an increase in the number of CAFO applications?

According to agency officials, IDEM received 83 CAFO applications in 2003. In the first 8 months of 2006, IDEM received 151 CAFO permit applications, 114 of which were approved within that same time period.

How many CAFO inspectors does IDEM have?

IDEM does not have any inspectors dedicated solely to the inspection of CAFOs. Instead, IDEM has a total of 14 inspectors for the entire state who are responsible for inspecting CAFOs, as well as wastewater treatment plants, landfills, combined sewer systems, and a wide array of industrial operations. IDEM officials have publicly stated that they do not anticipate the hiring of any additional inspectors in the near future.

How often do IDEM officials inspect CAFOs?

At the October 11, 2006 IDEM panel discussion in southern St. Joseph County, IDEM officials stated that, after an initial inspection during construction, and a follow-up inspection within the first 6 months of operation, IDEM officials can expect to visit a CAFO on average approximately once every 5 years.

What are the existing St. Joseph County rules governing CAFOs?

The only restrictions on CAFOs under current St. Joseph County zoning ordinances are as follows: (1) must be on a lot at least 20 acres in size; (2) must be located at least 1/2 mile from the boundaries of a city, town or zoned residential district, and (3) animal confinement buildings and manure lagoons must be 30 feet from a neighboring property line.

What areas of St. Joseph County are available for future CAFO development?

Ten out of the thirteen townships in St. Joseph County have land available for development of new CAFOs, including Harris, Olive, Greene and Centre townships.

Are other counties across Indiana enacting CAFO ordinances?

Most Indiana counties have enacted, or are in the process of drafting, CAFO ordinances. These ordinances vary widely from county to county. Some focus on lot sizes and setbacks from nearby residences and towns. Others have made CAFOs a "special use" in agriculturally-zoned areas, requiring a public hearing and vote by local elected officials. Still others have established "CAFO districts" within their agriculturally-zoned areas. And a few have issued moratoriums against new CAFO construction within their county.

Have other states placed restrictions on CAFOs?

Many other states have enacted legislation to protect against the risks posed by CAFOs. In particular, the western and mid-Atlantic states who were the first to experience the explosive development of CAFOs, have enacted the strictest regulations, including air quality standards, design requirements to limit emissions, and increased setbacks from nearby residences. This has prompted the large CAFO industries to move to the Southern and Midwestern states which have less experience with CAFOs and therefore much less oversight.

Prepared by St. Joe County Quality of Life - 11/15/06

Frequently Asked Questions About the Proposed County CAFO Ordinance

Does the Ordinance cover all livestock operations in St. Joseph County?

No. The scope of this Ordinance is strictly limited to livestock operations that meet the minimum animal thresholds for CAFOs.

Does the Ordinance cover the smaller CFOs?

No. The scope of this Ordinance is strictly limited to CAFOs.

What areas of concern does the Ordinance cover regarding CAFOs?

This Ordinance focuses on public health concerns arising from CAFOs which are improperly sited, inadequately designed or poorly managed.

What are the three principal categories of CAFO rules in the Ordinance?

1. Setback requirements establish how far new CAFOs must be located from nearby residences, municipalities, surface water features, sensitive receptors such as schools and medical facilities, and from other CAFOs.

2. Design requirements establish certain basic design standards for CAFOs in order to minimize the risks to public health and the environment, such as synthetic liners for manure lagoons and flood-proof manure and silage storage structures.

3. Operational requirements establish rules governing site maintenance, manure application, dead animal disposal and record keeping in order to minimize the risks to public health and the environment.

Are existing CAFOs exempt from the requirements of the Ordinance?

Setback requirements: Existing CAFOs are exempt from the setback requirements of this Ordinance, but future expansions of existing CAFO operations are not. Existing smaller CFOs who would like to expand to become CAFOs but do not meet the established setbacks may apply for reduced setback levels based on waivers signed by neighboring property owners.

Design requirements: Previously constructed facilities at existing CAFOs are, for the most part, exempt from the design requirements of this Ordinance, but newly constructed facilities are not.

Operational requirements: Existing CAFOs are not exempt from the operational requirements of this Ordinance but may request additional time to bring their operations into compliance.

Does this Ordinance conflict with IDEM regulations?

No. IDEM attorneys have stated that local ordinances may not be more lax than IDEM rules, but may be more stringent. In most instances, the rules in this Ordinance duplicate existing IDEM rules, thereby providing a second, local level of oversight. But in areas not covered by IDEM rules, such as air emissions, the provisions of this Ordinance stand alone.

Does IDEM support the enactment of local ordinances regarding CAFOs?

IDEM officials have repeatedly stated that local ordinances are the appropriate venue for addressing concerns, such as air emissions and public health, which IDEM's limited mandate does not allow them to address.

Who will inspect CAFOs under the Ordinance?

St. Joseph County Health Dept. officials will conduct inspections of CAFOs, likely often in cooperation with IDEM representatives.

What community input was involved in the drafting of the Ordinance?

The St. Joseph County Health Dept. invited all residents to participate in a task force to provide input into the drafting of this Ordinance. Members of this task force included representatives of local CAFOs, local farmers not involved with CAFOs, rural residents, members of the scientific and health care communities, as well as several concerned citizens. The task force strove for consensus on as many areas of the Ordinance as possible.

Numerous compromises were reached throughout the effort, all aimed at protecting public health, while not excessively restricting long-time CAFO interests within our community.

Are the rules in the Ordinance based on scientific studies and public health data?

The Health Dept., as well as certain members of the task force, performed extensive research on peer-reviewed scientific studies and available public heath data, which was then reviewed by the entire task force and formed the basis for the provisions of this Ordinance.

Is there a mechanism for future community input on this Ordinance going forward?

This Ordinance establishes an Agricultural Advisory Board, made up of County officials, members of the scientific communities, as well as several CAFO farmers, non-CAFO farmers and rural residents not involved in farming. This Board will meet regularly to advise the County on any matters concerning public health or the environment that may impact the farming community in St. Joseph County. This Advisory Board will also review this Ordinance for necessary changes at least every 4 years.

For additional information: 574-633-4981