Laurie Wink, The News-Dispatch
LA PORTE - An ordinance to regulate concentrated animal feeding operations - that is, factory farms - was approved on first reading at the County Commissioners meeting Tuesday by a 2-1 vote.
Two provisions in the CAFO ordinance are intended to head off potential contamination of groundwater. If adopted, the ordinance will require new CAFOs in flood plains to have test wells and allow sampling by the county Health Department to check for nitrates and bacteria. In addition, new CAFOs must locate waste management systems to meet requirements of the Federal Emergency Management Agency, which issues a "floodproofing certificate."
The ordinance establishes a procedure that permits new CAFOs while protecting land, water and air in the county. No CAFO can be located less than a mile from cities or non-farm residences.
The Plan Commission approved the ordinance July 31 on a 7-1 vote, and sent it on to commissioners for final approval. Commissioners voted to carry the ordinance over to the next meeting for final consideration.
County attorney Robert Szilagyi advised the commissioners they have 90 days to either accept the ordinance, sent it back to the Plan Commission with recommended changes or do nothing.
The lone vote against the CAFO ordinance came from Commissioner Mike Bohacek, D-Michiana Shores, who said he is concerned about allowing new CAFOs to be developed in flood plains, even if samples from test wells on the property are used to check for contamination.
"I'm not in favor of allowing test wells," Bohacek said. "I'm concerned because I have young kids and we need to think of the future."
Beef producer Greg Smoker of Wanatah also was opposed to test wells, but for different reasons. As a representative of the La Porte County Livestock Producers, he spoke out at the commissioners' meeting, saying state and federal provisions offer sufficient safeguards.
And IDEM requires test wells "only when they are scientifically deemed necessary," Smoker said. Although the new ordinance doesn't affect him, since he has an established operation that isn't located in a flood plain, he said the local requirement for test wells could cost others as much as $20,000.
Mitch Bishop, county planner, said local ordinances are allowed to go above and beyond the provisions of state regulations.
"It gives us more local authority so we don't need to rely on IDEM," he said.
Bishop began developing the CAFO ordinance a year ago, with the help of a six-member citizens group representing about 50 animal producers in the county. Bishop said he originally wanted to prohibit new CAFOs in flood plains, but realized there needed to be a middle ground. More than 40,000 acres of county agricultural land is in flood plains.
Bishop said well samples will be taken twice a year, when manure is spread on the ground.
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