Q & A
How is water used in CFOs?
The animals raised in confined feeding operations produce manure and wastewater that is collected and stored in pits, tanks, lagoons, and other storage devices. Most farmers apply the manure to area fields as fertilizer.
Proposed CFO and CAFO-sized confined feeding operations that will be discharging manure or pollutant-bearing water to waters of the state must apply for a National Pollutant Discharge Elimination System (NPDES) CAFO individual permit under 327 Indiana Administrative Code 15-16 [PDF].
What impacts do CFOs have on water supplies? How do those impacts occur?
CFO waste management structures are reviewed by IDEM for proper setbacks to public water supplies (1,000 feet) and private wells and waterways (300 feet). These setbacks are in place to protect water resources.
If manure is improperly applied to the land, or if it leaks or spills from storage areas or during transport, it is possible that stormwater could encounter the manure, carry contaminants to surface or ground water, and impair its quality. Indiana’s Confined Feeding Program is intended to protect water quality by providing an oversight process to ensure waste storage structures are designed, constructed, and maintained to be structurally sound and that manure is handled and land applied in an environmentally acceptable manner. Any manure spills that occur that might impact water resources are responded to by IDEM’s Office of Land Quality Emergency Response team.
What sort of protections are in place and how effective are they? How does enforcement work and what is IDEM’s capacity for it? How can the system be improved?
Sites for new CFOs are reviewed by IDEM’s technical and permit staff to determine compliance with 327 IAC 19. IDEM Rules are in place to prevent CFO impacts to water resources through the proper CFO construction and operation. CFO approvals issued by IDEM contain site-specific requirements aimed at protection of water resources. Additionally, CFO sites are inspected by IDEM, and inspectors work with the farm to resolve minor compliance issues. More serious or chronic violations are sent to the IDEM Enforcement Section for review and resolution.
IDEM fact sheet for investigation of manure releases: https://www.in.gov/idem/files/factsheet_olq_investigate_manure_release.pdf.
What sort of uses of manure are permitted? How is it treated/processed for use? What are the pros and cons of these practices?
There are restrictions that apply to manure application activities including staging dry or dewatered manure, transporting manure, applying to frozen or snow-covered ground and spray irrigation. Dried or dewatered manure can be transported and staged on the fields where manure is being land applied. Solid manure, including litter and used bedding, may not be stored outside of a manure storage structure for more than 24 hours or during any inclement weather that could cause uncontrolled runoff. The land application of manure is prohibited from a public road as well as when the ground is saturated. Manure must not be applied to highly erodible ground unless the field has either 40% residue protection or crop cover, or the manure is applied in accordance with a Conservation Plan.
See IDEM’s guidance manual for more information: https://www.in.gov/idem/cfo/files/guidance_manual_cfo_program.pdf.
Visit https://www.in.gov/idem/cfo/manure-management/ for information on placing solid manure piles in fields and the application of manure to frozen or snow-covered ground.
Environmental benefits and impacts: https://www.in.gov/idem/cfo/environmental-benefits-and-impacts/.
Follow up questions:
QUOTE: “Proposed CFO and CAFO-sized confined feeding operations that will be discharging manure or pollutant-bearing water to waters of the state must apply for a National Pollutant Discharge Elimination System (NPDES) CAFO individual permit.”
What does this permit allow in terms of pollutant loads? How are those load limits determined?
IDEM has a zero-discharge policy, which means CFOs and CAFO-sized CFOs do not discharge to Waters of the State. Any manure spills that occur that might impact water resources are responded to by IDEM’s Office of Land Quality Emergency Response team.
How often does this occur?
In 2021, permitted CFOs reported seven spills. Of the seven spills, three resulted in enforcement actions. The remaining four spills met the agricultural stormwater exemption (IC 13-18-4-5) or did not reach Waters of the State. QUOTE: “Additionally, CFO sites are inspected by IDEM, and inspectors work with the farm to resolve minor compliance issues. More serious or chronic violations are sent to the IDEM Enforcement Section for review and resolution.”
How often do you encounter chronic violations? What is the nature of these violations, and what sort of resolutions are employed?
A chronic violation is a recurring issue that has a significant impact on the environment. Over the last 10 years, there have been approximately two facilities that were referred to enforcement for serious or chronic violations.
Finally, are there any restrictions on where an operation can be located?
IDEM’s CFO Rule, 327 IAC 19, contains setback distances (restrictions) from certain features. The rule gives IDEM the authority to determine if the proposed CFO site is appropriate and adhering to these setbacks. All other limitations for locating or zoning a CFO/CAFO are done at the local level.
Does IDEM genetically differentiate E. coli samples?
E. coli is not typically specified unless there is a special study that is needed.
Can you say which samples are human in origin and which can be attributed to CFOs?
IDEM typically collects Total E. coli data, and the results are not attributed to a particular species.
If so, what does the data show?
IDEM uses Total E.coli levels to determine the health of waterbodies or watersheds.
Are manure pits required to be kept in concrete lined pits or can they be earthen pits?
IDEM does not usually refer to manure structures as pits. There are manure structures that exist under animal buildings that are made of concrete. Other manure structures are outside. Sometimes outdoor earthen lagoons are referred to by the general public as earthen pits. These lagoons are required to have liners of either compacted clay or a synthetic material and must meet rigid construction and testing specifications to make sure they are designed and constructed properly. The statutes and rules for manure structures are designed to protect waters of the state.