Jackson County Pig CAFO dispute continues
Up in Jackson county, the opposition to the installation of a 8,000 head hog operation have continued. IDEM granted the permit for Talara Lykins’ operation, and back in October of 2005, the Jackson County Board of Zoning Appeals granted the request for a special exception. That would normally be the last hurtle before getting the building permits and breaking ground.
However, an active citizens group and a concerned water company have continued to fight the placement of the operation. There is litigation pending against the BZA for issuing the special exception, and the IDEM permit is being appealed. There will be a hearing at the Office of Environmental Adjudication on that appeal starting tomorrow.
The main complaint about the approvals is the site location, which many, including the Jennings County Water Corporation feel is not appropriate for a CAFO. The site is made up of “zipp” soil, which is very heavy with clay, and common in low lying areas. There is also concern that the water table at the site is just below the surface. Your may remember this picture, taken to demonstrate the site’s water issues:
Previously:
June 1st, 2006 05:34
[...] Back in the middle of May, I noted (Jackson County Pig CAFO dispute continues) that the Jennings County Water Corporation was taking on IDEM over its decision to permit Talara Lykins to install a 8,000 head hog operation in Jackson County. Specifically, the parties were to appear before an administrative law judge at the Office of Environmental Adjudication. Well, through the Columbus, Indiana Republic, we have word that that trial was adjourned to give the parties time to talk: “Jennings Water is not opposed to appropriate agriculture activities,” said Peter King, attorney for Jennings Water. “They are opposed to this particular application at this particular site because it represents an imminent threat to a public water supply system.”Jennings Water, serving between 10,000 and 13,000 customers, has filed an objection to a permit issued by the Indiana Department of Environmental Management Sept. 13, allowing the operation to move forward. Talara Lykins hopes to build two 400-by-80-foot buildings in Reddington, each housing 4,000 hogs.“Jennings Water has always believed there is a more appropriate site for this activity that would not create a threat,” King said.Testimony was held two days this week in front of IDEM’s Office of Environmental Adjudication, after which, King said, all parties have agreed to attempt to mediate the issues.“There has been an adjournment of the trial,” King said. “But if the mediation is unsuccessful, the testimony will continue.”Link. The water company also has a lawsuit pending against the Jackson County BZA, and the article in the Republic gives an update on this as well. This dispute revolves around the procedure the BZA followed in reaching its decision to grant Lykins a special exception to install the hog facility: King said BZA members held an executive session in the middle of a public meeting, and took a second vote on the exception after the closed portion.Indiana Public Access Counselor Karen Davis wrote in an advisory opinion, “If the Jackson County Board of Zoning Appeals met in a facility that was inadequate to allow members of the public to hear and record the meeting, or if the board members met in a huddle that was designed to hold a discussion outside the hearing of the public, then the Jackson County Board of Zoning Appeals violated the Open Door Law.”The article also notes: A group of citizens also filed for a review of the BZA’s decision.Robert and Melinda Sexton, Stephanie and Craig Flinn, David and Gail Helt, Jerry and Hazel Marsh and Steve and Celeste Bowman declined to comment on their case against the BZA.Lykins said, as a result of the pending litigations, she is waiting to begin construction. [...]