A couple years ago I wrote an article for the American Bar Association on Indiana's regulatory scheme for permitting animal feeding operations. The law is still the same today, at least until new CAFO regulations are promulgated. The notes below are an excerpt from that article. Email me and I can send you more.
CONCENTRATED ANIMAL FEEDING OPERATIONS – CAFOs
I. What are CFOs and CAFOs?
CFOs and CAFOs are
’s largest livestock producers. CFOs are defined as the “confined feeding” of at least: Indiana
· 300 cattle;
· 600 swine or sheep; or
· 30,000 fowl.
327 IAC 16-2-5. “Confined feeding” means feeding animals in pens, sheds, or buildings for at least forty-five (45) days of any given year.
CAFOs are defined similarly and include three different sizes of livestock operations: animal feeding operations (“AFOs”); medium CAFOs, and large CAFOs. Large CAFOs must operate under NPDES permits. The threshold numbers to be considered a large “CAFO” in Indiana are:
327 IAC 5-4-3. IDEM may also designate other livestock operations “CAFOs” depending on site specific conditions, e.g., based on their level of manure discharged into waters of the state. IDEM deems all Indiana CAFOs to have the “potential” to discharge pollutants into waters of the state and therefore are “point sources” requiring an NPDES permit.
II. Why are there two permitting schemes?
Prior to 2001,
permitted its CAFOs by issuing CFO approvals—it did not require each operation to obtain separate NPDES permits. In 2002, an environmental group sued IDEM alleging its CFO regulations failed to adequately enforce the federal Clean Water Act. See Save the Valley, Inc. v. United State Env. Prot. Agency, 223 F. Supp.2d 997 (S.D. Indiana 2002). The federal district court agreed and sent IDEM back to the drawing board to come up new livestock operation regulations that adequately addressed the Clean Water Act’s prohibition of discharges into waters of the Ind. . The result was the promulgation of IDEM’s CAFO regulation. IDEM left its CFO regulations on the books, and a dual permitting scheme was born. United States