Brought to you by WBIW News and Network Indiana
Last updated on Friday, September 12, 2014
(INDIANAPOLIS) - State regulators are one step closer to regulating stand-alone structures and lagoons that are at the center of a debate dividing Indiana’s agricultural and environmental interests.
Indiana's Environmental Rule Board voted unanimously Wednesday afternoon to give preliminary approval for new rules that will regulate "satellite" manure storage facilities -- despite testimony from environmental groups that believe the rules are too lenient.
The vote followed a one-hour public hearing and lengthy comment period designed to gather public feedback on the proposed rules, and it comes after a WTHR investigation showed tons of out-of-state manure are being shipped into Indiana each week.
Truckloads of Manure
For years, large mounds of manure have been piling up across Indiana. 13 Investigates exposed the practice nearly four years ago, documenting how thousands of truckloads of manure were dumped in Indiana from Ohio poultry farms. The farms decided to export the manure following an environmental disaster at Grand Lake St. Mary's in western Ohio. The rapid growth of blue-green algae in the massive lake killed off birds, fish and tourism.
A state investigation showed the algae crisis was the direct result of manure runoff that drained into the lake from area farm fields. Soon thereafter, state officials encouraged farmers to transport manure away from the Grand Lake St. Mary's watershed, and they helped secure federal funding to help subsidize the cost trucking manure to nearby states like Indiana.
A highly valued fertilizer, poultry manure is considered a commodity, and federal interstate commerce laws prohibit Indiana from allowing truckloads of manure into the state.
The Indiana Department of Environmental Management admitted it lacked proper oversight of Indiana's manure imports, and the agency took action.
With IDEM's help, the state chemist's office enacted new regulations to help control the application of out-of-state manure in Indiana. At the same time, IDEM identified yet another hole in its regulations.
"Do you know what they're doing?"
While manure storage facilities on large factory farms are tightly regulated by IDEM, a new breed of manure storage facilities was emerging in Indiana with no oversight whatsoever. Several stand-alone "satellite" manure storage structures (SMSS) were appearing in eastern Indiana, and because they were built on farms that did not fall under IDEM's rules for confined feeding operations involving hundreds or thousands of chickens, hogs or cows, the state could not regulate the construction or safety standards of those sites.
"We had a gap in our statute," said IDEM Office of Land Quality assistant commissioner Bruce Palin. "We feel it's important that we have some oversight of those kinds of structures because if they are not constructed properly and it would leak and fail, it would have disastrous effects."
Based on its unanimous vote Wednesday afternoon, it is clear the Environmental Rule Board is going to allow SMSS buildings in Indiana. But the panel also appears ready to place limitations on where those manure storage units are located and how they are built.
Public Debate
The preliminary rules approved by the Board include minimum setbacks from nearby homeowners and construction requirements mandating each SMSS be built to the same standards as manure storage facilities on large industrial farms.
"We believe these structures are a positive improvement in the management of manure in an engineered and controlled system, and we urge the adoption of this rule," said Josh Trenary, executive director of the Indiana Pork Advocacy Coalition.
But environmental activists and residents who live near farms with stored poultry manure say the pungent smell travels for miles - sometimes even requiring them to wear gas masks. They asked the Environmental panel for more protections.
"We feel this rule is grossly inadequate in terms of protecting the public health and our drinking water supply," said Dave Menzer of the Citizens Action Coalition.
"Allowing millions of gallons, football-field-sized lagoons in very sensitive areas known to have direct contact with ground water and surface water, it's quite frankly an unconscionable disregard for environmental and public health for people who live in rural communities and who rely on well water for their drinking water," testified Kim Ferraro of the Hoosier Environmental Council.
Board members seemed sympathetic to their concerns.
Immediately after voting to grant preliminary approval to the new rule, several panel members suggested changes will be coming.
"You can expect to see changes to the final version," said Board chairwoman Beverly Gard
IDEM must now develop a final rule, then allow for more public comment and also hold another public hearing. That means a final rule for manure storage in Indiana is still six months or even a full year away.
1340 AM WBIW welcomes comments and suggestions by calling 812.277.1340 during normal business hours or by email at comments@wbiw.com
© Ad-Venture Media, Inc. All Rights Reserved.