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CAFO’s: No State level Enforcement?

I am not sure I can sort out the meaning of this based on what I can find, but Brownfield, an agricultural news source reports what strikes me as a surprising announcement from the commissioner of the Indiana State Department of Environmental Management at the Indiana Pork Producers state conference:
What a difference a year makes. Last year at this time, the Indiana Department of Environmental Management (IDEM) was the black sheep of state government.

Governor Daniels, in his campaign, had made it an example of how state government was not working. Today IDEM is a much different place. IDEM Commissioner Tom Easterly said the agency has undergone a culture change, “I have stressed to each one of our 900 employees that the economy along with the environment is important and that working with farmers and industry is our job.”

He stressed, in a frank and candid address to the Indiana Pork Producers state convention this week, that his agency wants to work with producers to make sure the regulations are clear and fair, and that communications are open and ongoing.

For example he told the producers IDEM will suspend enforcement of Confined Animal Feeding Operation (CARO) permits until the EPA has cleared up the confusion surrounding CAFOs. This is the result of a court decision that threw out previous EPA regulations on CAFOs. “Until we know what the federal rules are, it makes no sense to enforce them,” said Easterly. He said no enforcement action will be taken for at least the next 3 years.
 
Good time to open a CAFO.

6 Responses to “CAFO’s: No State level Enforcement?”

  1. Pila
    February 2nd, 2006 13:18
    1

    Some people would say that IDEM is still not working.

  2. Sage
    February 3rd, 2006 07:07
    2

    This is truly frightening…

  3. Kemplog » Blog Archive » IDEM “Clarifies” Statement on no CAFO Enforcement
    February 7th, 2006 14:20
    3

    [...] Well, many folks on both sides of the CAFO debate locally were quite surprised when Brownfields reported that Tom Easterly, commissioner of IDEM told Indiana pork producers that “IDEM will suspend enforcement of Confined Animal Feeding Operation (CARO) permits until the EPA has cleared up the confusion surrounding CAFOs.” (See earlier post: CAFO’s: No State level Enforcement?). Well the reported statement came across as being a broad abandonment of CAFO permit enforcement and this caused IDEM to get a bunch of excited contacts. Brownfields is now reporting that Easterly has clarified his earlier remarks: A quote attributed to me in a February 2, 2006, Brownfield Agriculture Today news article has caused a significant public stir about the agency and its oversight of concentrated animal feeding operations (CAFOs). Please allow me to clarify the meaning of comments made during the Indiana Pork Producers annual meeting. Because of proposed deadline extensions in the CAFO National Pollutant Discharge Elimination System (NPDES) rule currently being considered by the Water Pollution Control Board, IDEM will not be enforcing the original deadlines for existing farms to file storm water plans, soil conservation plans, nutrient management plans and NPDES applications. It would not make sense for IDEM compliance staff to cite farms for violating deadlines that may change. But we will continue to hold all farms accountable to protect waters of the state. No variance will be given to farms for violating water quality standards. And my staff and I will continue working to educate, guide, assist and oversee confined feeding operations, statewide.Okay, from not enforcing CAFO permits, to not enforcing deadlines on filing management plans.  What a difference a week can make, although I am sure the news sound much better to the pig farmers last week. (thanks to Ed Feigenbaum for the pointer) [...]

  4. Kemplog » Blog Archive » IDEM: Still Enforcing the Law
    March 1st, 2006 07:22
    4

    [...] Maybe an Indiana dairyman took IDEM Commissioner Tom Easterly a little too seriously when the official said they would not be enforcing CAFO permits:Huntington Dairy Farmer Faces Felonies (Story in the Fort Wayne Journal Gazette). Of course, the farmer in question is IDEM’s favorite whipping boy: Johannes De Groot: Johannes De Groot is charged with two Class D felonies for building confined feeding structures on his property without obtaining required approval from the Indiana Department of Environmental Management. De Groot owns De Groot Dairy, a 1,400-cow operation at 8631 W. County Road 200 S., near Andrews. Each count is punishable by up to five years in prison and monetary fines. According to documents filed in Huntington Superior Court, De Groot built a dry cow barn of 120 feet by 60 feet with a cement floor. A dry cow barn houses cows that are not producing milk. He also constructed a silage pad, used for feeding livestock, of about 150 feet by 80 feet with 3-foot cement walls. The structures were noticed by an IDEM staff member who was doing an inspection of the farm Sept. 13.Five years? last I heard D felonies still carried maximum penalties of 3 years. Anyway, De Groot got into a tangle with IDEM a few years back over a manure spill.  That was resolved by an agreement that had the farmer paying $45k and not admitting any wrongdoing. De Groot’s attorney says the farmer had applied for permits for the new structures, and they have never been used. He has no idea where IDEM is getting off filing criminal charges.  Maybe IDEM felt like they needed to get rough with someone after appearing to have given up on enforcing CAFO regulations earlier this year.   [...]

  5. Masson’s Blog - A Citizen’s Guide to Indiana » Breakin’ the Law . . . again
    March 30th, 2006 19:35
    5

    [...] This carries over to departments like IDEM. Governor Daniels man at IDEM, Tom Easterly told pork producers IDEM will suspend enforcement of Confined Animal Feeding Operation (CAFO) permits until the EPA has cleared up the confusion surrounding CAFOs. [...]

  6. Masson’s Blog - A Citizen’s Guide to Indiana » Breakin’ the Law . . . again
    March 30th, 2006 19:35
    6

    [...] This carries over to departments like IDEM. Governor Daniels man at IDEM, Tom Easterly told pork producers IDEM will suspend enforcement of Confined Animal Feeding Operation (CAFO) permits until the EPA has cleared up the confusion surrounding CAFOs. [...]

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