By JUSTIN SCHNEIDER, Herald Bulletin
Citizen activists have managed to halt a proposed confined animal feeding operation (CAFO) in Duck Creek Township.
At least for now.
A lawyer representing Elwood Concerned Citizens announced Tuesday that the group had appealed the permit of a local farmer to the Indiana Department of Environmental Management (IDEM) during a meeting of the Madison County Board of Zoning Appeals.
That information was enough for the board to pass a motion of continuance on the matter until the July 25 meeting.
Last month, Rick Jarrett of rural Elwood asked the board to grant him a special-use exemption to create an 8,000-hog CAFO at the corner of County Road 700 West and County Road 1300 North. The matter was tabled until Tuesday’s meeting to allow the board time to review documents and consider the matter.
That was enough time for citizens to band together to appeal one of Jarrett’s permits, which had already met with IDEM approval.
Donna Marsh of Cline, King & King P.C., a Columbus law firm, spoke on behalf of Elwood Concerned Citizens. In its appeal, she said, the group cited discharge of pollutants, water contamination, crop yield and other concerns. The appeal was filed May 27, four days after the BZA first considered Jarrett’s proposal.
But Kari Keller-Steele, a consultant with JBS United who has worked closely with Jarrett, said the appeal is unfounded and does not provide a compelling case to delay the CAFO.
“This appeal has to do with IDEM, not with Mr. Jarrett,” said Keller-Steele. “This appeal does not have to be settled before he starts construction and starts operating.
“It’s a strategy by environmentalists to delay approval and get the federal EPA involved.”
BZA attorney Jerry Shine agreed, at least in part, to that sentiment.
“The remonstrators are attempting to ask the state of Indiana to have more strict rules or to enforce those rules more strictly,” said Shine, who pointed out that the appeal was the 3,724th to be filed with IDEM in 2006.
Marsh objected to Keller-Steele’s characterization of her clients as “environmentalists,” saying the term was derogatory and saying they were actually family farmers. She commended their effort to file the appeal without help from an attorney.
“This appeal was filed without an attorney and I think they did a remarkably good job with it,” Marsh said. “We’re asking this board not to put the cart before the horse.”
It took three tries before the board successfully voted to continue the matter. Earlier in the meeting, board members William Hobbs and John Randall Jr. made motions for continuance that died for lack of a second.
“I’m glad I’m sitting in this chair today,” said board chair Mary Jane Baker. “I don’t have to make motions.”
The motion finally passed by a 3-2 vote with Randall and Baker dissenting. A provision was added to the motion calling for Elwood Concerned Citizens and IDEM to keep the board abreast of any developments.
The turning point in the meeting seemed to come when board member Shirley Aubrey broke her silence. She said the county ordinance regarding CAFOs requires a lot at least 40 acres in size, a distance of at least 100 feet from any property line and a distance of at least 1,320 feet from any residential dwelling. Conditions Jarrett has met.
“That’s what we, as a board, have to follow,” said Aubrey, who visited a CAFO near Muncie. “I’m not one who likes CAFOs, but I was impressed.
“When I came in this morning and this (appeal) was thrown in front of me, my first thought was: ‘Let IDEM figure it out.’ I’m trying to do what is best by Elwood and what is best by Jarrett.”
Aubrey’s main concern, she said, was the July 20 date set for a pre-hearing conference. That’s when representatives of IDEM and Elwood Concerned Citizens will discuss the grounds for the appeal. That date could change and board members don’t want to see the matter drag on past its July or August meetings.
“I have been through this process with IDEM before, and I don’t expect them to take a long time with this,” said Hobbs. “We have to let them determine whether it is valid or not at the pre-hearing conference.”
Baker reiterated that the board will not accept any new evidence save the findings of the pre-hearing conference.
Since the last BZA meeting, Jarrett has scaled back his plans from 8,000 head of hog to 4,000 and one barn instead of two.