Proposed ordinance highlights dispute between state and counties on CAFO
Up in Muncie, Delaware County Commissioner John Brooke has proposed a local ordinance to regulate CAFO’s. The proposal highlights areas of concern that local officials face with these operations that are not covered by existing state law.
The lack of comprehensive regulation and the inability of IDEM to actually enforce the regulations that are in place are the biggest problems, in my view, with the state’s big push to expand the state’s CAFO industry. The state’s message is that the counties need to stay out of the way and let this expansion take place to promote positive economic development.
The counties have a reason and and obligation to be concerned with this type of development:
“I recognize that all confined animal feeding operations are obligated to obtain a permit from IDEM (Indiana Department of Environmental Management), but the state regulations do not allow any type of local control as to an appropriate site or interaction with surrounding residents or businesses,” Brooke said in a letter to the city-county planning commission.. . . .Delaware County has a dozen CFOs, four of which are CAFOs. Under state law, a CFO is a confined feeding operation that contains at least 300 cattle, 600 swine, or 30,000 fowl. CAFOs are larger confined feeding operations, including those housing at least 700 cows, 2,500 swine, 30,000 ducks, 82,000 chickens, and 55,000 turkeys.
The proposed ordinance deals with setback issues (water source and residential), plus dust/noise issues and surety requirements to pay for clean up. “If the proposed ordinance is adopted, CFOs and CAFOs would be regulated by the BZA in a manner similar to how salvage yards, gravel pits, and refuse disposal sites are regulated.”
