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HEC files for review of CAFO as local officials OK operation


MUNCIE, Ind. — A proposed concentrated animal feeding operation (CAFO) of 10,560 hogs in Delaware County has received approval by the Indiana Department of Environmental Management (IDEM), over the objections of neighbors and concerned citizens.

In response, on March 30 the attorney for the Hoosier Environmental Council (HEC) filed a petition for administrative review with the Office of Environmental Adjudication on behalf of four couples who reside within a mile of the proposed site at 2601 West County Rd. 1240 North in Muncie.

The petition claims the CAFO fails to meet several aspects of Indiana Code, including minimum setback distances of 300 feet from surface waters and construction of waste pits in a flood-prone area.

Delaware County Commissioners have allowed farmer Rhett Light to begin construction of four wean-to-finish production buildings after temporarily putting a hold on permits in order to receive more data from IDEM and Light.

“We had put a hold on the permits until we received more information on the project,” said Shannon Henry, Delaware County commissioner. “We have received a lot of emails from people who were upset with that issue. Obviously they want stricter regulations with those types of ag operations.

“We have also heard from local farmers and different farm organizations in Delaware County who are for it.”

Commissioner Sherry Riggin said, “IDEM had good answers in their report to the concerns that were raised.”

Henry said the current CAFO is now out of the commissioners’ hands, and it is up to Light to follow the rules and regulations set forth by IDEM. Light, who lives in nearby Hartford City, has obtained his own attorney, Henry said.

“If we hold permits for no reason, the county could be held liable. If he doesn’t follow the rules by IDEM or the health department, he’ll be in trouble. He will be watched and scrutinized,” Henry said.

Riggin said Light’s CAFO falls under the current local ordinance, and the operation meets those requirements. “It’s too late now,” she said, “That young man’s got to get started. In the county we have four to five other CAFOs, and we are not having trouble with any of them.”

The commissioners are prepared to address the issue further by writing a specific ordinance pertaining to CAFOs and confined feeding operations in their county, with designated setbacks from residences, businesses and churches, among other regulations. At present, there is only a general agricultural designation in the county.

HEC has announced a meeting for concerned citizens at the Delaware County Fairgrounds on April 26.

Asked if she was concerned about future legal action against the county, Riggin said, “That’s a possibility either way. It will be more expense.”

4/11/2018