Concentrated Animal Feeding Operations
Permitting and Inspection Program

Overview
Concentrated animal feeding operations (CAFOs) are large livestock operations that confine a large number of animals to a small area, usually in buildings. The smallest CAFOs confine 2,500 hogs, 1,000 beef cattle, or large numbers of other animals. Larger CAFOs confine many times these numbers. The raising of livestock in this highly concentrated manner in larger and larger numbers on a single site has become the dominant method of raising livestock over the last decade.
Historically, the largest size and the largest number of CAFOs have been located in other Midwest or Mid-Atlantic states. However, the increased regulation of CAFOs in these states has resulted in a large increase in the number of CAFOs in Indiana where the regulatory environment is less restrictive. Nearly all other states have established air quality standards specifically for CAFOs or have established large setbacks from residences, towns and other receptors. The Indiana Department of Environmental Management has requirements (327 IAC 16) on CAFOs that offer protection of surface waters.

If a CAFO is properly operated and is located away from residences and certain key facilities such as schools it can be a very clean operation and a significant benefit to the community. However, a single CAFO can generate more manure each day than the City of Mishawaka and, if a CAFO is not properly located and operated, it can cause serious impacts on public health and the environment. The primary impacts result from: 1) the release of hydrogen sulfide (a poisonous gas) and ammonia which can cause significant health effects in persons living too close to the operation; 2) failure to properly store manure leading to catastrophic releases of a million gallons or more of manure into surface waters and the subsequent destruction of aquatic life and drinking water supplies; and 3) inappropriate application of manure which may contaminate surface waters and expose neighbors to manure when it is applied by spraying.
In May of 2007 St. Joseph County had five CAFOs and one proposed CAFO.

Summary of Requirements
In 2007, St. Joseph County passed County Code 10.44 to address the potential public health impacts from CAFOs. The methods to protect public health were developed in consideration of the special circumstances and needs of our community. A summary of the requirements of County Code 10.44 are provided below.

Applicability:
The Ordinance only applies to CAFOs that EPA designates as Large CAFOs. A CAFO is any property or contiguous properties and all structures and animals contained thereon that are owned in whole or in part by the same person(s) which confines 1,000 animal units for at least 45 days in a 12-month period where there is insufficient growing vegetation in the confinement area during the normal growing season to sustain the animals. Each of the number, types, and sizes of animals listed below is defined to be 1,000 animal units. Any combination of the animal numbers, types, and sizes shown below which equals or exceeds 1,000 animal units shall constitute a CAFO.

• 700 mature dairy cows whether milked or dry,
• 1,000 beef cattle or heifers,
• 2,500 swine weighing more than 55 pounds,
• 10,000 swine weighing less than 55 pounds,
• 30,000 ducks (other than properties that use liquid manure systems),
• 5,000 ducks (properties using liquid manure systems),
• 30,000 chickens (properties using liquid manure handling systems),
• 125,000 chickens except layers (other than properties using liquid manure handling systems),
• 82,000 laying hens (other than properties using liquid manure handling systems),
• 1,000 veal calves,
• 500 horses,
• 10,000 sheep or lambs, or
• 55,000 turkeys.

Agricultural Advisory Board:

The Ordinance establishes an advisory board composed of:

• Four farmers (two that own CAFOs and two that do not) and two rural residents to provide the perspective of the farming community.
• Three scientists to provide technical advice.
• Four County Officials to receive and consider the issues raised by the farming community.

The Board will advise the County on issues that may impact the local farming community.
 
Permitting:
The Ordinance requires all CAFO operators to obtain a permit from the Health Department.

• Permit applications include an application, a waste management plan, and copies of plans CAFOs must prepare for the Indiana Department of Environmental Management.
• Permits are good for five years and renewable on the same cycle as the required IDEM permit.
• The applicant’s history of compliance with federal, state and county laws is considered during the permit approval process.
• Various County Departments may establish site-specific requirements as part of the permit approval on CAFOs to address specific issues.

Setbacks from Residences, Residential Zoning Districts, and Municipalities:

The Ordinance establishes distances, referred to as setbacks, that new CAFOs must be from residences, residential zoning districts (large subdivisions), and municipalities.
There are standard setbacks and reduced setbacks. The reduced setbacks apply if the operator incorporates certain design features and the standard setbacks apply if they do not incorporate these features. The reduced setbacks are 25% less than the standard setbacks. All setbacks increase as the size of the CAFO increases.
The minimum reduced residential setback starts at 800 feet for the smallest CAFOs. The setbacks approximately double when the size of the CAFO doubles up to a maximum of two miles.
The residential zoning district setbacks are always twice the residential setbacks and the municipality setbacks are always twice the residential zoning district setbacks.
CAFOs that implement measures to reduce air emissions or obtain waivers from nearby residents may reduce the setbacks. 

Setbacks Between CAFOs:
There are formulas for calculating the minimum distance that a new CAFO must be from an existing CAFO in order to prevent the public from being exposed to unhealthy emissions resulting from too many CAFOs being located too closely together.
Restrictions are minimal when there are two CAFOs close together but the setbacks are larger should a third CAFO be proposed for the same area.

Setbacks from Sensitive Receptors:
The Ordinance establishes setbacks from churches, daycares, schools, and medical facilities because the people that frequent these facilities (children, elderly, and ill) have an increased need for protection from air emissions because of their heightened susceptibility. 

Setbacks from Water Features:
The Ordinance establishes separation distances from certain water features such as water wells, streams, and ditches. The requirements in the ordinance are not too dissimilar from the requirements of the Indiana Department of Environmental Management. There are methods the CAFO operator may implement if they wish to reduce these setbacks.

Design Requirements:
There are basic design requirements for manure storage facilities, feed storage facilities, and animal confinement buildings in order to:

• Prevent the release of contaminants to the environment (e.g., synthetic liners for waste lagoons).
• Protect against flooding (e.g., elevated manure storage and livestock confinement areas). 
• Reduce air emissions (e.g., covering solid manure storage structures).

Operational Requirements:
There are certain operational requirements regarding:

• Site maintenance.
• Record keeping.
• Reporting of spills.
• Disposal of dead animals.

There also are requirements on the application of manure to protect surface waters, groundwater, and neighboring properties from contamination.

Grandfathering:
Existing facilities are grandfathered (do not need to comply) from all setbacks and all but one design requirement. Existing facilities are not grandfathered from operational requirements but may have up to 365 days to come into compliance.
Newly proposed CAFOs must comply with all requirements.

Enforcement and Penalties:
The Health Department will inspect each CAFO at least twice each year. If the Health Department has reasonable grounds to believe that there has been a violation of County Code 10.44, the Health Department will work with the operator to bring the CAFO into compliance. Penalties may be imposed for violations. Penalties may be up to $500 for the first offense, $1,000 for the second offense, and $2,500 for the third offense. Each day of a violation is a separate offense.
All decisions by the Health Department concerning variances to the ordinance may be appealed to the St. Joseph County Board of Health according to specific procedures and timeframes outlined in this Ordinance.

Links
Concentrated Animal Feeding Operation Permit Application
Concentrated Animal Feeding Operation Waste Management Plan